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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 13, 2023 No. 596

Some questions of fulfillment of requirements of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future"
(Extraction)

According to the paragraph the fourth "About guaranteeing the corporeal rights to real estate units which will be built in the future" the Cabinet of Ministers of Ukraine decides parts two of article 21 of the Law of Ukraine:

1. Approve the Procedure for distribution of operation of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future" on construction objects and their components which after acceptance in operation finished by asset construction will become independent real estate units (the apartment, the indoor parking space, other residential or non-residential premise, the parking place, etc.) the right to accomplishment of construction works concerning which entered before entry into force of the specified enclosed Law.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 13, 2023 No. 596

Changes which are made to resolutions of the Cabinet of Ministers of Ukraine

1. According to the procedure of approval of construction projects and conducting their examination, No. 560 approved by the resolution of the Cabinet of Ministers of Ukraine of May 11, 2011 (The Official Bulletin of Ukraine, 2011, No. 41, the Art. 1674):

Item 3 to add 1) with the paragraph of the following content:

"Updating of data (these) construction projects based on which the customer acquires the right to accomplishment of construction works is performed according to Procedure for distribution of operation of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future" on construction objects and their components which after acceptance in operation finished by asset construction will become independent real estate units (the apartment, the indoor parking space, other residential or non-residential premise, the parking place, etc.), the right to accomplishment of construction works concerning which entered before entry into force of the specified Law approved by the resolution of the Cabinet of Ministers of Ukraine of June 13, 2023 No. 596, and the Procedure for maintaining Single state electronic system in the sphere of construction the Cabinet of Ministers of Ukraine approved by the resolution of June 23, 2021 No. 681 "Some questions of ensuring functioning of Single state electronic system in the sphere of construction" (The Official Bulletin of Ukraine, 2021, No. 55, the Art. 3401).";

2) to add the Procedure with Item 16-1 of the following content:

"16-1. Updating of the positive report on results of examination of the project documentation on construction is performed according to Procedure for distribution of operation of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future" on construction objects and their components which after acceptance in operation finished by asset construction will become independent real estate units (the apartment, the indoor parking space, other residential or non-residential premise, the parking place, etc.), the right to accomplishment of construction works concerning which became effective the specified Law, the Cabinet of Ministers of Ukraine approved by the resolution of June 13, 2023 No. 596, and the Procedure for maintaining Single state electronic system in the sphere of construction, the Cabinet of Ministers of Ukraine approved by the resolution of June 23, 2021 No. 681 "Some questions of ensuring functioning of Single state electronic system in the sphere of construction" (The Official Bulletin of Ukraine, 2021, No. 55, the Art. 3401).".

2. According to the procedure of maintaining the State register of the corporeal rights to real estate, No. 1141 approved by the resolution of the Cabinet of Ministers of Ukraine of October 26, 2011 (The Official Bulletin of Ukraine, 2011, No. 86, Art. 3145; 2018, No. 52, Art. 1827; 2023, No. 48, Art. 2652):

1) the paragraph third the subitem 1 of Item 7 after the words "property right" to add with words ", the investor's right";

2) in Item 30:

the paragraph one after the words "property right" to add with words ", the investor's right";

the paragraph one of subitem 1 after the words "accomplishment of obligations" to add with the word", the investor".

3. Paragraph one of Item 76-1 of the Procedure for state registration of the corporeal rights to real estate and their encumbrances approved by the resolution of the Cabinet of Ministers of Ukraine of December 25, 2015 No. 1127 "About state registration of the corporeal rights to real estate and their encumbrances" (The Official Bulletin of Ukraine, 2016, No. 2, the Art. 108, No. 68, Art. 2301; 2023, No. 48, the Art. 2652), after the words "from Single state electronic system in the sphere of construction" to add with words and figures ", including statements for state registration, stipulated in Item 15 Procedures for distribution of operation of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future" on construction objects and their components which after acceptance in operation finished by asset construction will become independent real estate units (the apartment, the indoor parking space, other residential or non-residential premise, the parking place, etc.) the right to accomplishment of construction works concerning which entered before entry into force of the specified Law".

4. The procedure for maintaining single state electronic system in the sphere of construction approved by the resolution of the Cabinet of Ministers of Ukraine of June 23, 2021 No. 681 "Some questions of ensuring functioning of Single state electronic system in the sphere of construction" (The Official Bulletin of Ukraine, 2021, No. 55, Art. 3401; 2022, No. 80, the Art. 4847) to add with Item 73-1 of the following content:

"73-1. Updating of data (data) containing in electronic system in the cases determined by the legislation is performed by the corresponding authorized persons by confirmation/introduction of the data (this) into electronic system in machine-readable format based on data (data) which contain in the information provided by the customer for updating, documents in paper or electronic form, and by addition of the scanned document copy in case of its representation in paper form.

The staticized data (data) are signed by such authorized persons by imposing of the qualified digital signature.".

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