Innovations of state registration procedure of property rights on real estate

/27
December 2012

 

On January 1, 2013 the Law of Ukraine ‘’On some amendments to certain legislative acts of Ukraine concerning improvement and simplification of state registration procedure of land plots and property rights on real estate’’ dated July 4, 2012 №5037-VI will come into force. In particular, immovable property acquired under civil law contracts (secondary real estate market) registration procedure will be realized by notaries. At the same time, newly created real estate property (the primary real estate market) rights registration will be the competence of the State Registration Service of Ukraine, which is created in the Ministry of Justice of Ukraine.

 The Law of Ukraine "On State Land Cadaster" founds ​​the new system of registration of land rights, which implies outputting of the State Land Registry (hereinafter – the GRZ) from the State Land Cadaster (hereinafter - the SLC). The SLC will be a geographic information system about quantitative and qualitative characteristics of the land. State Agency for Land Resources of Ukraine was defined as the competent authority, which will control the SLC.

GRZ as a land ownerships database becomes a part of the State register of real estate property rights (hereinafter - the Register).

Consequently the newly created Register will combine information on land ownerships and other immovable property rights.

 Difficulties of registration after the Laws coming into force should also be noted. Register is actually empty, at the moment there are no statements about the existing rights on real estate in it. Given the overall uncertainty of the situation, it is logical to assume that the registration of real estate rights in the early months of 2013 will have a risky nature.