Registration property rights on real estate

Registration rights is working on the territory of Ukraine and necessary for doing by citizens, ministries, other central and local executive agencies what does not depend on form of property.

Necessary registration is rights of property for real estate of physical and legal persons including foreigners and people without citizenship, foreign legal persons, international organizations, foreign countries and also territory communities.

Registration of rights is in bureau technical inventory (BTI) by the place of the object on the bases of title documents by putting rights in Register of rights.
Register of rights is an informational system which has all data about registered rights of property, subjects of rights, objects of property and title documents.

Ministry of justice is a holder of Register of rights is provides its work and administrator – state representative of “Informational center” Ministry of justice which is responsible for keeping data and their protection from not approval access.
Decision about registration of rights (refusal from registration) takes registrar of right of property for real estate and the same he is a collaborator of BTI.

For registration appearance, existence, or stopping rights you should give special application form and also title documents, its assured copies and other necessary documents. The responsibility is lying on owner of the property. Applicant, by his wish, is given a receipt which is returned by applicant after returning title documents.

In list of title documents includes orders of organizations open auction communities, creating in the process of privatization with list of properties about giving it as a property to auction communities and act of acceptance and delivery which is signed in determinate order.

While registration of rules for property appeared according to notary not assure contracts about amortization, except the certificate about absents or presents of arrest from Unite register forbiddance of amortization of property, it is necessary to show a copying from Register of movables about presents and absents of tax pledge for property.

Registration of rights is making only after technical inventory of though object. If application about registration rights is not later 12 months after existing the rights for property.

From the moment of receiving the application, registrar examine it make checking of all documents. He checks not only notary registered documents but not registered too.
Article 227 of Civil code have an duty to registered all documents and in case if it will not be kept, the contract will be invalid. Notary registration of other contracts could be done by demand of one of participants.


After examination registrar makes a decision about registration of rights (refuse of registration) or giving (refuse) the coping from Register of rights.

In registration of rights could be refused if:

- right of the property, which is in tax pledge, appeared without following the order of alienation;
- alienation of property was made without getting a coping from register of rights or term of working is came to end;
- there is no primary registration rights of property;
- while conducting notary not registered agreement between legal persons, did not show the document of last owner.


Terms of examination of applications and making a decision as to registration of rights from the day of receiving the application of BTI should not increase 30 calendar days without terms of inventory and also term of making decision. Besides, there are terms of making the registration rights for legal person, is 6 calendar days from the time of receiving application BTI without terms of inventory and also term of making decision.
After making a decision by registrar and note in Register on the title document put a mark about registration of rights and giving a coping about registration of property right which is one of the main title document. In stead of dates of acceptance the decision and putting notes is written the date of giving the coping about registration the rights.

While registration of rights which occurred because of not notary registered contracts about alienation of share of property, show the document which fixes the right of the property for alienation part of property where registrar writes the size of alienation part with date and signature of registrar, which is confirmed by stamp of BTI.

Notes about right of property for real estate in Register of rights for owners – physical person should have identification code from State register of physical person – tax payers and necessary payments.

It is fixed who has a right to get coping from Register rights, what agencies get informational certificate and fixed terms of giving all these documents.

The right of getting coping from Register has owner, his inheritors and assignee of legal persons. Registrar during 30 days gives a coping from Register of rights or makes a decision to refuse in it. Before giving a copy should be done inventory. Term of work of coping is 3 months from the moment of its issue. Besides, coping from Register for forming the inheritance is issued by inheritor according to the written request of notary.

Informational certificate from Register have a right to get court, Internal Affairs Agencies, prosecutors office, tax office and etc. if they made an enquiry about full powers which is fixed by legislation. Information is given in 30 days from the day of receiving request.

Forming rights of property for objects of real estate are carried out with certification issue which is made according to the status of applicant:

- local executive authorities, self-governing authorities;
- state privatization authorities;
- state administration of business – for residential and not residential objects.

People who could get a certificate of property right by local executive authorities or self-governing authorities are physical and legal people.
Except this, with lost, damage and etc. of certificate about right of the property is foreseen the giving by BTI the duplicate of coping.

For receiving the duplicate of certificate in press should be informed about not validity of stolen, lost or damage of originals and put an application, after BTI check the applied demand and form the duplicate.

For inventory of property the forming rights of property for its objects and registration the rights of property takes a payment, the sized is made by Soviet of Ministry AR Crimea, regional, Kiev and Sevastopol administrations.

For giving the coping of registration of rights and coping from Register of rights take a fee which is fixed by the Ministry of justice of Ukraine. Informational certificates from Register are free of charge.

In order which is confirmed by Ministry of justice and appeal to regulate the work of BTI, detailed exposed the procedure of keeping the Register of rights.

Registrar has a right to refuse in putting a note in Register of rights if:
- there is no a document about payment;
- payment is made not in a full bulk;
- there is not or not full or not clear data;
- applier did not show the passport or other document which proves who is he (if it is necessary).

However, it is forbidden for registrar to demand additional information which is not foreseen by Order, and also ask for notary confirmation of application.

Moreover, while finding the mistakes in coping applier could address to registrar with application with making changes in Register of rights. Changes of mistakes are free of charge.

On the first stage the information about a part of the property, left by previous owner after passing rights of property. On the second stage put information about part of the object which possesses new owner.

Informational certificates forming by two types: first – by identification number or last name, name or name of legal person. It consists of the information about all objects; the owner is who is written in request and about rights of property which are in the Register of rights. Second type of informational certificate is forming by address of property and consists of information about transmission of property rights on it.

With the goal of providing the order of putting and searching the information in Register of rights were made following dictionaries:

- administrative-territory equipment;
- streets of populated locality;
- named objects;
- enterprise of BTI;
- types and assignment of property.