Strengthened protection of property rights to real estate: what has changed
The law strengthened the protection of property rights to real estate
The Verkhovna Rada adopted the Law “On Amending Certain Legislative Acts of Ukraine regarding the Improvement of State Registration of Rights to Real Estate and the Protection of Property Rights” (Bill No. 5067). The capital real estate portal 100realty.ua explains the features of the new legislation.
Changes in registering title to real estate
The law strengthened the protection of property rights to real estate and obliged parties to the transaction to comply with the new rules of the game in the market:
the state registrar is obliged to immediately inform the owner of the immovable property in respect of which an application has been filed to conduct the relevant registration actions;
compulsory registration of the application of the owner of an immovable property about the prohibition of registration actions in the State Register of Rights and the restoration of registration actions only by a court decision that has entered into force, or a statement of the owner;
The Ministry of Justice will be able to monitor registration actions in the Unified State Register of Rights to Real Estate;
obligatory use by the state registrar of the information of the State Land Cadastre, the Unified Register of documents giving the right to carry out preparatory and construction work and indicate the acceptance of the completed construction projects, as well as the use of information obtained through the information interaction of the State Register of Rights with the Unified State Register of Court Decisions;
introduction of features of conducting registration actions by a court decision, improving the size of the administrative fee for relevant registration actions;
an increase from 30 to 60 days in the period for appealing against decisions, actions or inaction of the state registrar;
obligatory provision in paper form of extract from the state register of rights.
Related article: How to check data in the State Register of Real Estate Rights and protect yourself from fraudsters
In addition, the criminal and administrative liability of notaries has been strengthened. In particular, the Criminal Code is supplemented by a new article 1911 “Forgery of documents submitted for state registration of rights to real estate and their encumbrances”. Sanctions: from fines of 500 – 2000 NMDG to arrest – restrictions on freedom with the deprivation of the right to occupy certain positions.
The changes apply to the use of electronic digital signatures. The Law on EDS provides for the introduction of a new terminology – a secure carrier of private keys. State registrars will be required to use only such secure private key holders. This will protect the data recorded on it from unauthorized access.
