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02 Mai. 2023

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How to recover lost real estate documents: an algorithm of actions

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Ukraine
How to recover lost real estate documents: an algorithm of actions

Since the outbreak of the war, people have sometimes forgotten or lost important documents, including documents for an apartment or house, when leaving their homes as quickly as possible. Learn more about how to recover lost real estate documents

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Millions of people have lost their apartment or house documents due to the full-scale war. When leaving their homes in a hurry, Ukrainians forgot to take their documents with them, some lost them or lost them during the months of war. However, remember that the loss of a document is not a loss of property rights. Read on to find out what to do to restore real estate documents.


What documents confirm ownership?


Without certain documents, it is impossible to legally prove a citizen's right to own property. As a result, it is impossible to carry out any legal transactions with real estate. We would like to add that owners of property damaged as a result of the war need these documents to participate in the restoration program.


Documents of ownership:

• a deed of gift;

• sale and purchase agreement;

• privatization certificate;

• a certificate issued by local authorities or the Unified Register;

• state acts of land ownership;

• certificate of inheritance;

• a court decision on a settlement agreement between homeowners;

• a valid court decision;

• certificate from property registers;

• an extract from the State Register.




Order legal support by following the link to quickly resolve issues




How to restore real estate documents?


Documents are restored by the ASC or a notary. However, you must first inform the police about the loss of the documents. 


The algorithm of actions is as follows:


1. Write a statement to the police;

2. Optionally, you can publish an announcement about the loss of documents in the local print media;

3. Apply to the Administrative Services Center (ASC) and order a duplicate of the certificate of ownership;

4. Apply to the ASC again to register the ownership of the real estate object.


After completing these steps, the ASC administrator will submit the documents to the state registrar.


Documents required 


The ASC or a notary will ask for the originals of the following documents:


- Passport;

- identification number;

- technical passport;

- a duplicate of the certificate of ownership of real estate.


Pay attention to the date of receipt of the original certificate of ownership. If it was issued after January 2013, the State Register contains all the necessary information. It is this data that becomes the basis for legal transactions with real estate. Therefore, if the information in the register is available, the owner cannot be restricted in his or her rights to dispose of the property.


It is more difficult to obtain a duplicate of a certificate registered before 2013. You need to access the information from the Register of Ownership Rights to Real Estate (the archive of the State Register of Property Rights).


A copy of the lost document can speed up the process - if you have it, you should submit it. Another source that will help you recover documents is the BTI archive.


How to restore the technical passport for an apartment?


The technical passport contains all the details about the property: layout, living and total area, location of windows and walls, etc. Therefore, this document is extremely important for an apartment owner. It is easier to restore it than title documents. Take a few steps:


1. Order the service of restoring the technical passport in the technical inventory bureau;

2. Pay for the service (the cost is up to UAH 6000 thousand);

3. Provide an employee of the bureau with access to your real estate so that he or she can make a sketch plan of the dwelling.


Keep in mind that the technical passport will be prepared within 21 days. 


The owner of the property has died: how to restore the documents?


Firstly, the heir needs to start the process of inheritance. For this purpose, the state allocates six months from the date of the owner's death. If a person has inherited property for which there are no ownership documents, it is necessary to restore the right to ownership through the court. Please note that you must first obtain a notary's resolution stating that you cannot inherit without a certificate of ownership.


Restoration of documents through the court


If the owner is unable to restore the title documents to the real estate for any reason, you need to hire a lawyer and file an application with the court for recognition of ownership of the real estate.


Choose a reliable lawyer to help you solve your problems. Follow the link and order a specialist consultation.


We remind you! Conscription to the Armed Forces is ongoing in Ukraine. Citizens often face questions about the rules for serving calls. One of them is whether relatives of persons liable for military service can be served with a document. Find out when this is possible in our article.




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