LAW OF UKRAINE

of July 1, 2004 No. 1952-IV

About state registration of the corporeal rights to real estate and their burdenings

This Law governs the relations arising in the sphere of state registration of the rights to real estate and their encumbrances and is aimed at providing recognition and protection of these rights by the state.

Section I General provisions

Article 1. Scope of the Law

1. Operation of this Law extends to the relations arising in the sphere of state registration of the rights to the real estate which is in the territory of Ukraine and encumbrances of such rights.

State registration of the property right of construction in progress of restrictions of such right is carried out according to the procedure, determined by this Law, taking into account features of legal status of such object.

State registration of special property right on object of construction in progress, future real estate object, encumbrances of such right is carried out according to the procedure, determined by this Law, with observance of requirements of the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future".

2. Operation of this Law does not extend to state registration of air and ocean ships, inland navigation vessels, space and other objects of the civil laws to which the legal regime of immovable thing can be extended by the law.

Article 2. Basic concepts

1. In this Law the following basic concepts are used:

1) state registration of the rights to real estate and their encumbrances (further - state registration of the rights) - official recognition and confirmation by the state of the facts of acquisition, change or the termination of the rights to real estate, encumbrances of such rights by entering of the corresponding data into the State register of the rights to real estate;

2) the State register of the rights to real estate (further - the State register is right) - the single state information system providing processing, storage and provision of data on the registered corporeal rights to real estate and their encumbrances;

3) applicant:

the owner, other right receiver, the party of the transaction at whom arose the corporeal right (including the customer of construction, the developer of construction, the managing director of fund of financing of construction), or persons authorized by them - in case of submission of documents for carrying out state registration of acquisition, change or the termination of the property right and other corporeal rights passed or stopped;

public authority, local government body, their officials who establish, change or stop encumbrance, person for the benefit of whom encumbrances, or persons authorized by them - are established, changed or stopped in case of submission of documents for carrying out state registration of acquisition, change or the termination of encumbrance of the corporeal rights;

the mortgage holder, person for the benefit of whom the mortgage is established, changed or stopped, or persons authorized by them - in case of submission of documents for carrying out state registration of acquisition, change or the termination of mortgage;

local government body - in case of registration of ownerless real estate;

person behind whom the personal account is enshrined in the pokhozyaystvenny book of the relevant village, settlement, city council or person authorized by it - in case of carrying out state registration of the property right to individual (farmstead) apartment houses, garden, country houses, economic (homestead) buildings and constructions, extensions to them which were finished with construction till August 5, 1992 and are located in the territories of village, settlement, city councils which according to the legislation performed conducting pokhozyaystvenny accounting;

the private partner (concessionary) - in case of carrying out state registration of the right of the state-owned or municipal property to real estate, the corporeal rights to which resulted from creation and/or construction (new construction, reconstruction, restoration, capital repairs and modernization), and/or management (use, operation, maintenance) under the agreement signed within implementation of public-private partnership including the concession treaty;

the state partner (concessor) or in its order the state or municipal company, organization, the organization or economic society which 100 percent of shares (shares) belong to the state to the Autonomous Republic of Crimea, territorial community or other economic society which 100 percent of shares (shares) belongs to the state, - in case of submission of documents for carrying out state registration of acquisition of right of the state-owned or municipal property to the parcel of land necessary for implementation of public-private partnership (project implementation which is performed on the terms of concession), for carrying out state registration of acquisition, change or the termination of encumbrance of the corporeal rights to such parcel of land;

subject of the privilege of purchase of the parcel of land of agricultural purpose which transferred such right to other person, - in case of state registration of transition of the privilege to purchase of the parcel of land;

subject of the privilege of purchase of the parcel of land of agricultural purpose which transferred such right to other person, - in case of state registration of transition of the privilege to purchase of the parcel of land.

the organization of water users, other owner of meliorative network, the owner of component of meliorative network - in case of submission of documents for state registration of the corporeal right to meliorative network (components of meliorative network).

4) other assignee - the lessee, the concessionary, the private partner the subject of other right derivative of the property right, the mortgage holder, the heir (in case of registration of inheritance which part the corporeal rights to real estate which are subject to state registration according to this Law are);

5) encumbrance - the prohibition or restriction of the order and/or use of real estate established by the law, acts of the public authorities authorized on it, local government bodies, their officials or such which arose from the agreement. For the purposes of this Law it is considered encumbrance also:

intention of the owner of the parcel of land of agricultural purpose concerning which the privilege of its purchase is established, to sell to his face which is not subject of such privilege;

the privilege of purchase of the parcel of land of agricultural purpose, is transferred to other person based on the relevant agreement";

6) territorial authorities of the Ministry of Justice of Ukraine - the territorial authorities of the Ministry of Justice of Ukraine providing realization of state policy in the sphere of state registration of the rights to real estate and their encumbrances in the Autonomous Republic of Crimea in areas, the cities of Kiev and Sevastopol;

7) the technical administrator of the State register of the rights (further - the technical administrator) - the state unitary enterprise which is determined by the Ministry of Justice of Ukraine and is carried to the sphere of its management performs measures for creation, implementation and support of the software of the State register of the rights, is responsible for its technical and technological support, preserving and data protection of this register, performs technical and technological actions for provision, blocking and cancellations of access to the State register of the rights, will organize and provides training for work with this register;

8) registration case - set of documents based on which registration actions, and also the documents created in the course of carrying out such registration actions which are stored in paper and electronic form are carried out;

9) registration action - state registration of the rights, registration of ownerless real estate, and also other actions which are performed by the state registrar in the State register of the rights, except provision of data from this register;

10) cameral check - the inspection which is carried out in the Ministry of Justice of Ukraine only based on the rights granted the State register.

2. Other terms are used in the value given in the Civil code of Ukraine and the laws of Ukraine.

Article 3. Principles of state registration of the rights

1. The general principles of state registration of the rights are:

1) ensuring with the state objectivity, reliability and completeness of data on the registered rights to real estate and their encumbrances;

2) obligation of state registration of the rights in the State register of the rights;

2-1) simultaneity of making of notarial action with real estate, object of construction in progress, future real estate object and state registration of the rights;

3) publicity of state registration of the rights;

4) entering of data into the State register of the rights only on the bases and according to the procedure, determined by this Law;

5) openness and availability of data of the State register of the rights.

2. The corporeal rights to real estate and their encumbrances which are subject to state registration according to this Law arise from the moment of such registration.

3. The corporeal rights to real estate and their encumbrances which arose till January 1, 2013 are recognized valid in the presence of one of the following conditions:

1) registration of such rights was carried out according to the legislation existing at the time of their origin;

2) at the time of emergence of such rights the legislation which did not provide their obligatory registration was effective.

2-1) simultaneity of making of notarial action with real estate, object of construction in progress and state registration of the rights.

4. Any actions of person directed to establishment, change or the termination of the rights to real estate and their encumbrances which are subject to state registration according to this Law can be made if the corporeal rights to such property are registered according to requirements of this Law, except cases when the corporeal rights to real estate which arose till January 1, 2013 are recognized valid according to part three of this Article, the cases determined by article 28 of this Law and other cases determined by the law.

5. State registration of the property right and other corporeal rights is carried out within the Autonomous Republic of Crimea, area, the cities of Kiev and Sevastopol in the location of real estate.

Based on the decision of the Ministry of Justice of Ukraine, state registration of the property right and other corporeal rights in certain cases can be carried out within several administrative and territorial units determined by paragraph one of this part or irrespective of the location of real estate.

State registration of encumbrances of the rights is carried out irrespective of the location of real estate.

State registration of the rights is carried out according to statements in the sphere of state registration of the rights by any state registrar taking into account the requirements established by paragraphs the first - third this part, except case, the stipulated in Article 31-2 presents of the Law and automatic state registration of the rights in the cases provided by this Law.

State registration of intention of the owner of the parcel of land of agricultural purpose concerning its sale is performed by the notary who will perform the notarial certificate of the purchase and sale agreement of such parcel of land within its notarial district on the location of the parcel of land or at the registered place of residence (location) of the owner of the parcel of land, or the notary who replaces it.

Article 4. The corporeal rights and their encumbrances which are subject to state registration

1. Are subject to state registration of the rights:

1) the property right and the right of direct trust as method of ensuring obligation fulfillment on real estate, object of construction in progress, the right of direct trust as method of ensuring obligation fulfillment on future real estate object;

1-1) special property rights on object of construction in progress, constructed facility of the real estate;

2) corporeal rights to real estate derivative of the property right:

right to use (servitude);

right to use by the parcel of land for agricultural needs (emphyteusis);

right of building of the parcel of land (superficies);

right of economic maintaining;

right of operational management;

the right of permanent use and the right of lease (sublease) of the parcel of land (except the right of lease of the parcel of land leased according to Item 27 of the Section X "Transitional provisions" of the Land code of Ukraine, and also the lease right which arose by transfer of the parcels of land to lease by the regular user, emfitevty in the cases determined by the subitem 8 of Item 27 of the Section X "Transitional provisions" of the Land code of Ukraine);

right to use (hiring, lease) by the building or other capital construction (their separate part) that arises based on the employment contract (lease) of the building or other capital construction (their separate part) concluded for the term of at least three years;

the paragraph the ninth is excluded according to the Law of Ukraine of 05.12.2019 No. 340-IX;

the right of direct trust to the real estate unit received in management, object of construction in progress, future real estate object;

other corporeal rights according to the law;

3) It is excluded;

4) encumbrances of the rights to real estate, object of construction in progress future real estate object:

will lock alienations and/or use;

arrest;

mortgage;

the requirement of the notarial certificate of the agreement which subject is the real estate established by the owner of such property;

tax key which subject real estate, object of construction in progress future real estate object is;

encumbrance of warranty share of asset construction of real estate (further - warranty share) according to the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future";

encumbrance of special property right on indivisible object of incomplete construction / future real estate object for benefit of person who paid partially the price of future real estate object according to the Law of Ukraine "About guaranteeing the corporeal rights to real estate units which will be built in the future";

encumbrance of special property right on indivisible object of incomplete construction / future real estate object on which special property right is registered for person who paid partially the price of such object, for benefit of the customer of the construction/developer of construction according to the Law of Ukraine "About providing the rights to real estate units which will be built in the future";

encumbrance of special property right on divisible object of construction in progress according to part two of article 27-2 of this Law;

encumbrance of the property right to the real estate unit for benefit of the customer of the construction/developer of construction according to part three of article 27-3 of this Law;

other encumbrances according to the law.

2. In case of determination of shares in the right of joint property or their change, change of the subject of management of objects of state-owned property, change of the right receiver of the corporeal right derivative of the property right, effective period of such corporeal right, and also change of obremenitel, person for the benefit of whom encumbrance of the corporeal rights is established or of change of conditions of encumbrance state registration of such changes, at the same time date and time of state registration of the rights is carried out, encumbrances of the rights remain invariable. 

3. State registration of the corporeal rights to the parcels of land according to lease agreements, subleases of the parcels of land, emphyteusis, superficies, land easement, updated during warlike situation without entering of data on it into the State register of the rights in the cases determined by the subitem 1 of Item 27 of the Section X "Transitional provisions" of the Land code of Ukraine (in the edition operating before entry into force with the Law of Ukraine "About modification to some legal acts of Ukraine concerning system recovery of registration of the rights of lease of the parcels of land of agricultural purpose and enhancement of the legislation on protection of lands"), and the terminations of such agreements are performed taking into account Items 27-29 of the Section X "Transitional provisions" of the Land code of Ukraine.

4. Entering into the State register of the rights of data on transition from one person to another of the rights of lease, the sublease of the parcels of land which took place during warlike situation without entering of data on it into the State register of the rights in the cases determined by the subitem 9 of Item 27 of the Section X "Transitional provisions" of the Land code of Ukraine (in the edition operating before entry into force with the Law of Ukraine "About modification to some legal acts of Ukraine concerning system recovery of registration of the rights of lease of the parcels of land of agricultural purpose and enhancement of the legislation on protection of lands") are performed taking into account Items 27-29 of the Section X "Transitional provisions" of the Land code of Ukraine.

Article 5. Objects concerning which state registration of the corporeal rights is carried out

1. In the State register of the rights the corporeal rights and their encumbrances to the parcels of land, and also to the real estate units located on the parcel of land which movement is impossible without their depreciation and change of appointment are registered, namely: apartment houses, buildings, constructions, and also their separate parts, apartments, residential and non-residential premises meliorative networks, components of meliorative network.

In the State register of the rights the corporeal rights and their encumbrances to objects of construction in progress and future real estate objects provided by the law are also registered.

2. If the legislation provides acceptance in operation of real estate, state registration of the rights to such property is carried out after acceptance it to operation in the procedure established by the legislation, except cases, the stipulated in Article 31 this Law.

3. The property right to the apartment house, the building, construction, and also their separate parts can be registered irrespective of whether the property right or other corporeal right to the parcel of land on which they are located is registered.

The property right to the apartment, the residential and non-residential premise can be registered irrespective of whether the property right to the apartment house, the building, construction, and also their separate parts in which they are located is registered.

4. The corporeal rights and their encumbrances to minerals, plants, and also to small architectural forms, shoddy, non-capital constructions located on the parcel of land which movement is impossible without their depreciation and change of appointment, and also separately on constructions that is accessory of the main thing, or thing component, in particular on the bulk and field pipelines (including gas distribution networks), highways, power networks, the high-level thermal networks, communication networks, railway tracks, except meliorative networks, components of meliorative network are not subject to state registration.

Section II Organizational bases of system of state registration of the rights

Article 6. The system of bodies and subjects performing powers in the sphere of state registration of the rights

1. The organizational system of state registration of the rights is constituted:

1) Ministry of Justice of Ukraine and its territorial authorities;

2) subjects of state registration of the rights:

executive bodies of village, settlement and city councils, Kiev, Sevastopol city, district, district public administrations in the cities of Kiev and Sevastopol;

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