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Ministry of Justice of Ukraine

July 6, 2007

No. 774/14041

ORDER OF THE MINISTRY OF QUESTIONS OF HOUSING AND COMMUNAL SERVICES OF UKRAINE

of June 18, 2007 No. 55

About approval of the Instruction for carrying out separation, allocation and calculation of shares of real estate objects

(as amended on 12-09-2014)

1. Approve the Instruction for carrying out separation, allocation and calculation of shares of real estate objects it (is applied).

2. (V. M. Kiryushin) together with Legal department (I. I. Krylov) to submit to management of housing policies and development of housing this order in accordance with the established procedure to the Ministry of Justice of Ukraine for state registration.

3. To management of housing policies and development of housing (V. M. Kiryushin) to bring this order to the attention of Council of Ministers of the Autonomous Republic of Crimea, the regional, Kiev and Sevastopol city public administrations.

4. To impose control over the implementation of this order on the deputy minister O. M. Bilyansky.

Minister

O. P. Popov

Approved by the Order of the Ministry of questions of housing and communal services of Ukraine of June 18, 2007 No. 55

Instruction for carrying out separation, allocation and calculation of shares of real estate objects

1. General provisions

1.1. This Instruction determines procedure for work by separation, allocation and calculation of shares of apartment houses, buildings, constructions, other real estate (further - real estate objects), except the parcels of land, and is applied by subjects of managing which perform technical inventory count of real estate units (further - subjects of managing) by preparation of project documents concerning possibility of work on separation, allocation and calculation of shares of real estate objects.

1.2. Separation and allocation of share in nature is performed according to the legislation with provision of the Conclusion of rather technical capability of separation of real estate object (appendix 1) or the Conclusion of rather technical capability of allocation in share nature from the real estate unit (appendix 2).

2. Procedure for separation of real estate objects

2.1. Real estate objects which are subject to technical inventory count according to the Instruction about procedure for carrying out the technical inventory count of real estate objects approved by the order of the State Committee for Construction of Ukraine of 24.05.2001 No. 127, of Ukraine registered in the Ministry of Justice 10.07.2001 for No. 582/5773 (with changes) and also single property complexes which belong on the property right and are located on one parcel of land, can be divided into independent real estate units.

2.2. Separation into independent real estate objects is performed according to the legislation with provision to each object of the postal address.

2.3. Real estate objects, which part are samochinno constructed (reconstructed, re-planned), real estate objects are not subject to separation. The question concerning separation of real estate units can be considered only after recognition of the property right to them according to the law.

2.4. Separation into independent real estate objects shall answer conditions which are provided by the operating construction regulations.

2.5. By preparation of documents on separation of the real estate subjects of managing carry out such actions:

the number of the main houses and auxiliary buildings which are part of real estate object is specified, the current changes in houses, buildings, constructions come to light and made to materials of technical inventory count;

in the absence of notarially certified agreement or the judgment concerning procedure for use of houses, buildings and constructions statements of all co-owners which signatures are attested notarially are taken into account.

2.6. After that the Conclusion of rather technical capability of separation of real estate object prepares (appendix 1) which contains such data:

a) who possesses real estate object;

b) based on what documents of title;

c) total technical characteristic of real estate object;

d) the actual use of houses (rooms), buildings and constructions between co-owners;

?) what document confirms the property right (uses) of the parcel of land;

e) structure of neogenic real estate objects and their address;

e) offers of rather possible sizes of the parcels of land which are assigned to the new (allocated) objects taking into account restrictions (burdenings) for use of the parcels of land according to the approved town-planning documentation and the land legislation (options of separation are applied).

2.7. Disputes on separation of real estate objects are solved judicially.

3. Calculation of shares in joint property on real estate objects and procedure for allocation in share nature from the real estate

3.1. Calculation of shares in joint property on real estate objects is carried out according to statements of all co-owners of real estate objects.

In case of discrepancy of the sizes of the shares specified in documents of title, to real shares in the consent of all co-owners calculation of respective shares of the real estate for the purpose of receipt of the corresponding documents of title is perfromed.

3.2. The right of each co-owner in joint partial property is determined by share which is expressed in simple proper fractions (1/2; 1/3; 3/5 and so forth). At the same time the sizes of shares of co-owners specified in documents of title on real estate object in the amount shall constitute unit.

3.3. In the absence of the consent of all co-owners concerning change of shares the issue is resolved judicially.

3.4. When calculating share of each co-owner in the house it is necessary to determine all interior area of the house, and also the square which belongs to each co-owner separately according to the Instruction about procedure for carrying out the technical inventory count of real estate objects approved by the order of the State Committee for Construction of Ukraine of 24.05.2001 of N 127, of Ukraine registered in the Ministry of Justice 10.07.2001 for N582/5773 (with changes). The example of calculation of shares residential (farmstead or country) houses of farmstead type is given in appendix 3 to this Instruction.

3.5. Cost determination of low rise houses, buildings and constructions is carried out according to the Collection of the integrated cost indexes of reconstruction of functional objects analogs for assessment of low rise houses, buildings and constructions (appendix to the order of Fund of state-owned property of Ukraine and Goszhilokommunkhoz of Ukraine of 23.12.2004 N929/227 "About Approval of the Procedure for Cost Determination of Reconstruction or Replacement of Land Improvements — Houses, Buildings and Constructions of Low-rise Housing Construction" registered in Ministry of Justice of Ukraine 18.01.2005 for N54/10334) with the corresponding indexation.

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