In Ukraine in full force after a transition period earned the new rules of registration of real estate rights. Entered into force new edition of the law “On state registration of rights to immovable property and their encumbrances”.
Journalists tried to find out major changes: now the only document, confirming the right of ownership to the apartment is the extract from the Unified state register of property rights to real estate; to make changes to the registry can now not only notaries, but the state registration Department of the Ministry of justice (formerly the state registration service), authorities, up to the village Council; and for the inclusion in the registry data have to pay.
WHY. According to lawyer Vladimir Stolitny specializing in real estate matters, innovations aimed at citizens and legal entities has become easier to legitimize its right to a house, apartment and other immovable property, such as a business or office building. “If before the contract of sale, exchange, donation, inheritance only registered notary, now it can be done, for example, in the center of providing administrative services, and over time — even in the village Council, if its officers (chair, Secretary) will have access to the registry (their accreditation should begin from April this year. — Ed.), says Stolitny. — This is especially true in the Outback, because the centers notaries are few, and all them are booked weeks in advance, and in the villages they do not.”
WHAT TO DO. As explained in the Ministry of justice, the registry of real estate effective 1 January 2013, and if the house, apartment, etc. did not change the owner in the registry, there’s no such. It can be made either in the electronic register of BTI, which was formed in 2010-12, and is now used BTI as the archive or in the paper archives of the BTI. Property owners who do not intend to sell, give, bequeath, add now the data in the register is not required, all paper ownership documents are valid.
But to make desirable for two reasons. First — in the future will have to do (for example, the owner dies, and the question will arise about the probate) and need to go to the BTI for help, what property really is in the registry (a stamp of registration on the document itself doesn’t count). The second entered in the register of real estate is fully protected from scams, warn the Ministry of justice, but housing registered in a paper register may be resold in secret from the owner. Add a new property in the register at the notary (it is more expensive, from 300 to 500 UAH) or in the center of administrative services (they are in large cities, the price of rooms — 34 UAH).
CONS. Realtor Maxim Ermolenko fears that the increase in the number of persons admitted to the registry, slows or stops its operation (the website will go): “Increases the likelihood of errors, and even abuses, if the documents will begin to take the village, not notaries”. According to Stolitny, unreasonably high fee for urgent registration of change of ownership: if it is held for 2 hours, need to pay 5 minimum wages (UAH 6890, before — free) for a day or 2 mentorplace (2756 UAH), and if within 14 working days — a total of 137,8 USD.
“Most will wait for two weeks, but up to 2016, the notary put data in the register and issued a statement from him within the hour! Two weeks of waiting there is a danger that the apartment will be resold again,” says Stolitny.