The apartment exists, but it isn't listed in the state registry: What should property owners do?

Many Ukrainians are completely unaware that their apartment or house may not be listed in the State Register of Real Property Rights. This primarily applies to properties for which ownership was registered before 2013, when the electronic register was not yet fully operational.

In a comment for FOCUS, Victoria Gavrilkina, an attorney at ETERNIX Law Firm, discussed the most common situations faced by property owners and explained the legal mechanisms that help protect property rights.

The property is not registered in the State Register of Rights to Immovable Property.
If ownership was formalised before 2013, the relevant information may only be available in the archives of the Bureau of Technical Inventory (BTI). To ensure proper confirmation and protection of ownership rights, the relevant information should be entered into the State Register of Rights to Immovable Property.

The building has not been commissioned.
Under Article 331 of the Civil Code of Ukraine, ownership of newly constructed real estate arises following the commissioning of the property and state registration of the ownership right. If these procedures were not completed and the building was subsequently destroyed, recognition of ownership may require court proceedings supported by appropriate evidence.

Title documents have been destroyed as a result of the war.
The first step should be to attempt to restore the documents through BTI archives, a notary, or other relevant sources. If restoration is impossible, ownership may be established through court proceedings on the basis of other available evidence, including archival records, receipts, technical documentation, photographs, decisions of local authorities, and other supporting materials.

Inheritance of unregistered real estate.
If the deceased’s ownership rights were not properly registered during their lifetime, the heir may generally need to apply to the court for recognition of ownership by inheritance.

Today, proper registration of ownership is not merely a matter of legal certainty. In wartime conditions, having a duly registered ownership right may directly affect the ability to obtain compensation for destroyed housing, complete inheritance procedures, sell or otherwise dispose of real estate, and effectively protect property rights.

Where such issues arise, timely legal assistance can help prevent lengthy disputes, properly document ownership, and minimise potential legal risks.