Artificial reform

07.12.2011 09:30
Articles about real estate | Artificial reform Registration reform started with the adoption of a new draft law of Ukraine "On state registration of rights in rem in immovable property and their limitations" - March 2010 In contrast to other reforms in the registration reform was a preparatory period for a period of two years - the period to create the necessary sub-documents establishing the system of transmission of documents and data. However, this did not happen, including due to the fact that the reform is artificial and does not to address the problems. Moreover, initially it was clear that introduce "single window" in the face Ukrgosreestra create the conditions for internal confrontation with the bodies of BTI, which will contribute to the blocking process.

Today we are able to predict the following risks:

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- Significantly increases the risk of sales of apartments and other real estate on forged documents. To date, this prevents the binding current inventory of real estate prior to any transaction for the disposal of property, which allows you to "inform" the owner of expropriated property;

- Violated the rights of property buyers, as their right to purchase real estate there is not the time of registration of the transaction carried out simultaneously with the notary notarized the contract and arising from the registration rights Ukrgosreestre. Thus, a time period (since the identity of the transaction prior to registration rights), during which the obligations of the seller may be subject to arrest and other encumbrances on the property buyer.

With the registration of land rights, the situation is much worse than the registration of property rights. On January 1, 2012 Your rights to land is converted to a two stage algorithm, comprising the following steps:

The first act - the formation and registration of land. Formation of the land will be carried out through the opening of the Land book territorial bodies of land with the introduction of data into the State Land Cadastre. To date, the bodies of land actually perform the registration of land, guided by Clause 3 of Section 2 Final and transitional provisions of the Law N 1878-VI. In light of the Law on Cadastre expected life of the stage is 14 working days.

The second act - registration of land rights. Authority to register any property rights to land as real estate is vested by the State Registration Service established under the Ministry of Justice in conformity with the Law of Ukraine "On state registration of real rights in immovable property", the Presidential Decree № 1085/2010 of 9 December 2010 . Procedure for registration of land rights from 1 January 2012 will be governed by the Procedure of State Registration of Real Estate and their Encumbrances approved by Resolution of Cabinet of Ministers № 703 of June 22, 2011, effective from January 1, 2012 Following the Resolution № 703, the registration of any proprietary right in land (such as rent, property, easement) rather the following: title document, statement, proof of identity of the applicant (paragraph 33 of Resolution № 703). Statutory deadline for registration rights to land will be another 14 days in accordance with Article 15 of the Law of Ukraine "On state registration of real rights on real estate."

The introduced two-stage procedure for registration of land rights will be launched from January 1, 2012 as part of reform of the registration of real estate in Ukraine. But it is already clear that the synchronization procedures require teamwork of the two bodies, one of which (the State Registration Service) has never failed to fulfill these functions. Accordingly, we can predict possible failures and delays in implementing the procedures for registration of land and rights to them. So for those interested in the allocation of land plots, their alienation and privatization, it is recommended to complete this action until January 1, 2012, to avoid the period of turbulence.

Natalia Dotsenko-Belous, Senior Attorney,
Vasil Kisil and Partners 
Content tags: Property Legislation
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