«The agreements will be concluded on the basis of the document, which confirms the right of ownership of housing. Check to see if it was indeed the seller of the apartment its owner or he simply found on the street of the document, it will be very difficult», - warns Lyudmila Голий, the notary Kiev district notary, lawyer.
Since 1 January of the following year shall enter into force the Law of Ukraine «On amendments to some legislative acts of Ukraine concerning the improvement and simplification of the procedure of state registration of land plots and real rights on immovable property». Ends the era of the Bureau and the start time Укргосреестра, and for notaries entrust the functions of the state Registrar of rights to immovable property.
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As noted by the notary: «Today the majority of the normative-legal acts in this sphere contradict each other. This gives the ground for the dual interpretation of the legislation and its enforcement. The notaries granted the status of a special subject of registration with the Commission of notarial actions and the user performing the search of information on the registered rights and encumbrances to the State register of rights. Given that the register on the date of «empty», the question arises of where to draw information on the registered rights of ownership? Notaries are put in such conditions that during the recording of we run the risk to be attracted to responsibility for violation of legislation».
Also recently the government has made some changes to the Decree «On approval of the Procedure of state registration of rights to immovable property and their encumbrances and the provision of extracts from the State register of real rights on immovable property». For the state registration of rights of ownership to the property of the applicant, except for the documents, which confirm the right of ownership and identity documents, gives the state registration authority and the technical passport of the object.
«And in the «Procedure for committing notarial actions by notaries of Ukraine» the requirement of necessity to give the seller of real estate registration certificate and has not been, however, as well as other changes. The notary public is not involved in verification of technical documentation and техинвентаризации. Goes, demanding such a document and attempt to protect the transaction, the notary exceeds his authority,» - said Л.Голий.
In fact, the new procedure of registration of rights of ownership to the property facilitated the procedure for the seller, but made it less safe for the buyer.
«Buying an apartment, a person must some kind of a roundabout way to know whether there is made the redevelopment of whether the housing technical standards, and so on. Employees of the technical inventory Bureau does not have the right to grant the buyer the technical documentation, and the seller seems to be, and is not obliged to. Reliable information about the technical inventory of the apartment, the person will get only after the registration of their property rights. In principle, he buys a pig in a poke», - said the notary.