Any transaction related to real estate issues involves a mandatory property registration procedure. Therefore, in the process of buying an apartment in a new building or on the secondary market, it is recommended to take care to get ownership of the apartment or house.
According to the law, the procedure for registration of ownership rights to an apartment is a necessary condition that applies to all capital real estate objects. However, not everyone knows what documents to prepare, and where to apply.
Registration of ownership of an apartment: where to apply
Starting from January 1, 2016, there are some changes in Ukrainian laws concerning the registration of ownership rights to certain types of real estate. Among these changes it is important to note:
- The restriction on registration of submitted objects was removed.
- The certificate of registration is no longer issued in paper form.
- All information concerning the change of ownership of a particular object is recorded in the electronic register.
Issues related to the procedure for registration of ownership of housing are handled by two organizations:
- Notary office. A notary can perform the real estate registration process, regardless of its location.
- Center for providing administrative services. This procedure is handled by the state Registrar.
Do I need to re-register ownership?
Information concerning changes in the ownership of a particular property has been entered in the state register only since January 1, 2013. Thus, other transactions that were previously carried out with this property were not recorded. Despite this, the laws do not specify that it is necessary to re-register ownership of an apartment that was registered long before 2013.
All information about the owner of this apartment will be provided in electronic form when the property is re-registered., and if the owner does not want to sell the property, then re-registration is not required.
Registration of ownership of an apartment in a new building in Ukraine
An increasing number of young families are buying apartments from a developer. However, choosing an option in a new building, you should be prepared for the fact that the developer does not always take part in the re-registration of housing. Therefore, buyers should be prepared for an independent registration procedure.
When dealing with issues of registration of property rights, it is important to take into account one of the most popular documents, the technical passport. You can order this document from certified engineers.
As a rule, the passport is produced within 5 working days. However, this is a paid service that will cost the new owner 400 UAH. It is also possible to produce the document in the shortest possible time (less than 5 days) but this service will cost more.
Documents for registration of ownership rights
When the technical passport is received, you will need to contact a notary or state authorities. It is important to prepare an application with a request to register the property rights of housing in a new building. To perform this procedure, we recommend that you prepare the following documents in advance:
- passport, and TIN;
- received technical passport for real estate;
- the contract that was drawn up between the buyer, and the seller-the developer company (all agreements are additionally attached to the contract);
- supporting documents from the developer that the object has been put into operation, and has the appropriate postal address;
- certificate of acceptance, and transfer of real estate.
When all the documents are collected, they are checked for authenticity, which lasts about 5 days. If everything is in order, then the new owner gets the title to the house, and an extract from the register, indicating that the information has changed. There are no signatures or seals on the statement, a printed document in A4 format. You can print the statement yourself by visiting the official website of the Ministry of justice of Ukraine.
Registration of ownership of an apartment: secondary real estate
Purchased real estate on the secondary market is registered together with the signing of the relevant documents: the contract of sale, gift, inheritance, and other. The main advantage of this procedure is that there is no need to prepare additional documents.
However, the contract must be certified by a notary-private or public. Thus, the notary checks the ownership, technical passport, and documents confirming the identity of the seller, and potential buyer. The list of documents depends on the conditions under which the process of transferring property from one person to another is based.
Registration of ownership of an apartment by inheritance
When receiving an apartment by inheritance, you will need a certificate of inheritance. To get such a certificate, it is important to have patience, and free time:
- Visit a notary office where you will need to start an inheritance business. This procedure must be completed within 6 months after the death of the homeowner.
- Prepare a set of documents.
The registration process of an apartment that is inherited resembles the procedure that is carried out for the purchased object on the secondary market. The difference lies in one thing, in a special document that permits to conduct registration.
Registration of ownership of an apartment with a mortgage
To purchase an apartment for a mortgage, another set of documents is prepared, which is markedly different from the list that will be required when buying a home on the secondary market or in a new building.
Performing such a transaction, each buyer should remember that until the moment when he pays the entire amount for the apartment, it is under a Bank ban. Therefore, the buyer does not have the right to freely dispose of the housing in which he lives.
Registration of ownership of an apartment-conclusion
All real estate needs to be registered. Starting from January 1, 2013, all information about the owners of these objects is recorded in electronic form, in the state register. Notaries also have free access to such a register. For registration of property rights, it is recommended to contact a private or public notary, as well as the center for providing administrative services.
If the acquisition of property rights to housing was before 2013, re-registration is optional. All changes to the state register are made when selling your apartment.
Now the procedure for issuing a certificate of ownership in paper form has been canceled. But, despite this, each apartment owner must have a sample extract from the state register. This is an opportunity to protect you when deleting electronic information.
How to secure ownership of an apartment
The correctness of all documentation depends directly on the specialist who will take responsibility for solving this issue. That is why it is recommended to trust real professionals in their field. Kasyanenko & Partners Law Company employs experienced lawyers, and real estate lawyers who will advise each client, and help them complete the registration procedure quickly, and according to the law. This will allow you to avoid lengthy legal proceedings in the future.
Often, the standard process of re-registration of an apartment turns into a real Scam, when the former owner of housing demands to return his apartment after its sale. To avoid such problems, it is important to carefully check all documents, read the papers on which you leave your signature. In this case, you cannot do without mandatory legal support, thanks to which the specialist will immediately find errors in the contract, thereby protecting his client from possible risks.