MPs propose to clarify the procedure for appealing against decisions of the state registrar on the right to real estate – bill
It is forbidden to declare a decision unlawful if the error is of a formal nature – violation of registration deadlines, errors in the application, etc.
The Cabinet of Ministers of Ukraine has registered in the Parliament Bill No. 9156 on improving the appeal procedure in the areas of state registration of real rights to real estate and their encumbrances, legal entities, individual entrepreneurs, and public associations.
The document clarifies the grounds for declaring actions of the state registrar unlawful. If the error is of a formal nature and does not deny the legitimacy of the rights acquired by the person in whose name they are registered, it is prohibited to declare the state registrar's decision unlawful. This includes violations of the registration deadlines, the absence of a document (copy) on payment of the administrative fee, and errors in the application.
The current draft law obliges the state registrar to correct inaccuracies "with the determination of the timeframe for fulfilling such an obligation". The bill proposes to set a specific time limit of 10 days.
It also proposes to amend the procedure for acquiring ownership of newly created real estate (residential buildings, structures, etc.). According to the document, the right of ownership arises from the date of state registration of such a right. Currently, it arises from the date of completion of construction.
In addition, the list of grounds for refusal of state registration has been expanded. This is the absence of information about the land plot in the State Land Cadastre – in the case of registration of rights to a land plot. If the applicant fails to submit a document and/or electronic copies of the document on payment for administrative services or does not pay the relevant fee in full, consideration of the application for state registration is suspended.
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