How to legalize old countryside buildings?
Publication date: July 6, 2018
Do you have a house, cabin or farm building in the countryside built before August 1992? The lawyers of the Tatarbunar Legal Development Network Office Leonid Semenenko and Petro Holovaty explain how the state registration of ownership of such real estate works.
It is important that the answers for most urgent issues were prepared by the lawyers with the help of people who are very well familiar with the topic, namely the participants of the “School of Local Councils’ Secretaries.” As a result of the team work of lawyers, secretaries of local councils and with the participation of the expert of the Tatarbunar local administration Center for Administrative Services, they have developed a sample of the extract, recommended for use for executive bodies of local self-government. This will allow the people to avoid unnecessary bureaucratic mess.
Preparing for the next meeting of the “Schools of Local Council Secretaries”, the specialists of Odesa Regional Office of the “Committee of Voters of Ukraine” held consultations with the secretaries on the agenda and issues of greatest interest to them.
Готуючись до чергового засідання «Школи секретарів місцевих рад», фахівці Офісу при Одеській обласній організації ВГО «Комітет виборців України» провели консультації з секретарями щодо порядку денного та питань, які найбільше їх цікавлять.
Senior student of the “School” Antonina Shevchenko, secretary of the Belosilsky town council, proposed to put on the agenda the question of legitimizing old houses in the countryside. In addition, the participants of the School prepared samples of informational and technological cards for such services and the sample of the extract from the household book.
- We understood that, according to the current legislation, real estate property, that is not registered as belonging to a certain person, is not recognized as the property of the person who lives in it and is considered to be constructed without permission, therefore, certain actions should be taken to resolve the issue of registration”, says Leonid Semenenko.
On June 21, 2018, Olga Krutova, specialist of the Tatarbunar local administration Center for Administrative Services, was invited to attend the class at the School of Local Council Secretaries and to meet with the participants of the School.
Ms. Krutova gave a speech where she confirmed that for in order to duly register the property rights with the subsequent issue of the corresponding document on the right of ownership for objects located in the territories of town councils, whose construction was completed before August 5, 1992, (this includes private houses, garden and country houses, household (private) buildings and structures, additions to them) it is necessary to provide the following documents:
1) Technical passport on the object of real estate;
2) Document confirming the assignment of the address to the object of real estate.
Document confirming the assignment of the address to the real estate object is not required in case when the state registration of ownership is done for an private house, garden and country houses, household (private) buildings and structures that was built on a land plot, the property right for which has been registered in the State Registry of Property Rights.
In this case, the applicant must indicate the cadastral number of the land plot owned by him in the submitted application (Decree of the Cabinet of Ministers of Ukraine dated December 25, 151, No. 1127) in the wording of the Resolution of the Cabinet of Ministers of Ukraine of 23.08.16 № 553).
The expert noted that one of the main documents is an extract from the household book provided by the executive body of the town councils or the relevant archival institution.
Head of the Office Leonid Semenenko referred to the existing regulatory legislation on state registration of old houses in rural areas and stressed that the decision of the local town council on the provision of land for use or as property is also considered a confirming document for the state registration of the property rights.
Olga Krutova emphasized that the state registration of property rights with the subsequent issue of the relevant document on the ownership of objects completed by construction before August 5, 1992, private houses, garden, country houses, household buildings and constructions, additions to them, and which had not previously been subject to state registration of property rights for persons, who have their personal accounts the household books of the respective town councils, is carried out on the basis of the submitted application and the extract of these books provided by the executive body of town councils or relevant archiving body, as well as other documents specified in the procedure for state registration of rights to immovable property and their encumbrances.
The lawyers emphasized that these documents are to start with meaning that they are obligatory to submit in order to start the procedure of legalization of real estate property. Registration of the property rights takes place at the Center for Administrative Services or in the department of registration of the city council on the basis of the submitted documents.
The head of the office presented a sample of the extract from the household book to the participants of the class. They discussed the document and made some changes to make it a universal document for each town council and the state registrar to use it in their work.
As a result of the teamwork of lawyers and secretaries of town councils a document was prepared for use in the practice of executive bodies of local governments and town councils of the district.
Moreover, this form of extract gives the people an opportunity to apply to the state registrar and obtain a document on the state registration of rights to their house.
– And this is what we have to do every day, – says Leonid Semenenko. – To provide services to citizens, freeing them from unnecessary running around government offices, to be those who support the people and give them adequate assistance.
P.S. The Offices of the Legal Development Network are created and operate with the support of the program “Human Rights and Justice” initiative of the International Renaissance Foundation.
The views reflected in this material belong to its authors and may not coincide with the opinion of the International Renaissance Foundation.
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