Military housing will be prohibited from alienation until the end of the war and six months after: new duties for notaries and executors

Recently, Ukraine has faced an exacerbation of the problem known as "legalized homelessness," where formally legal enforcement procedures or notarial actions lead to catastrophic consequences for citizens. Current legislation has proven too formal: executors and notaries often act strictly within procedural boundaries, disregarding the fact that a person loses their only roof over their head.

Draft Law No. 15409 proposes a new algorithm where the priority of human dignity and the right to housing stands above the formal debt recovery. This is a response to the real challenges of war and economic instability.

"Judicial-Legal Newspaper" published a detailed article about this legislative initiative. Having received the text of the document directly from the head of the relevant Committee, Halyna Tretiakova, the editorial team was the first to reveal the key provisions of the upcoming changes, including the concepts of "social filter" and "housing immunity" for defenders.

At the same time, the final version of the draft law, registered on July 10, 2026, contains important legal clarifications compared to the previously published concept. These changes enhance the practical effectiveness of the proposed mechanism and specify the procedure for its application.

Recall that the draft law introduces clear criteria into the legal field for persons who require special care for the first time.

Thus, a vulnerable adult person: is not only pensioners but also persons with disabilities, those with limited legal capacity, lonely citizens, and those who are in difficult life circumstances or at risk of falling into them.

And the only housing is defined as premises where a person is registered or actually resides, provided there is no other suitable real estate.

These definitions help avoid manipulations in property recovery for small debts, which previously led to tragedies, such as cases where apartments were sold for debts due to the absence of meters.

Conclusion as a prerequisite for alienation and clear criteria for assessing individual needs

The central change is Article 33-1, which prohibits eviction or enforcement on the only housing of a vulnerable person without a prior conclusion from the social protection authority. The social protection authority conducts an assessment of individual needs within 10 days.

If the action leads to homelessness or deterioration of living conditions, alienation becomes impossible.

The new Article 33-1 of the Law "On the Basic Principles of Housing Policy" details the criteria on which the social protection authorities provide their conclusion.

The assessment must include not only the availability of other housing but also health status, need for external care, and presence of family support.

Social protection must confirm the absence not only of homelessness but also the risk of falling into difficult life circumstances.

Specification of immunity for servicemen in enforcement proceedings

The draft law amends the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances."

Thus, the state registrar is obliged to stop the registration action if it may lead to depriving a serviceman or his family members of housing.

The draft clearly states that registration can only continue upon submission of the serviceman's personal consent or a court decision confirming no violation of his housing rights.

Important clarifications are also proposed to the Law "On Enforcement Proceedings."

The draft expands the concept of moratorium in enforcement proceedings. Importantly, the document prescribes a comprehensive approach to property protection, covering not only the housing itself but also the land plot on which it is located. This prevents situations where, due to formal legal gaps, enforcement could be applied to the land under the house, which would effectively lead to loss of control over the property.

The realities of wartime are also taken into account, where the defender may physically not be at home due to combat duties. In such cases, immunity continues in full if family members of the serviceman live in the dwelling, guaranteeing the integrity of the housing even in the owner's absence.

A clear time buffer is introduced. Any enforcement actions regarding the only housing may be resumed no earlier than six months after the termination of military service, giving the veteran necessary time for social adaptation and financial settlement without the risk of immediate eviction. At the same time, the law emphasizes that such a prohibition does not cancel obligations to creditors but is a fair and proportional postponement that ensures a balance between the parties' rights and the constitutional value of the right to housing.

Duties of notaries, executors, and state registrars

The document significantly expands the range of duties of subjects involved in the alienation of housing of vulnerable persons.

In particular, the new Article 55-1 of the Law of Ukraine "On Notariate" imposes on the notary not only the duty to verify the legal status of the housing and explain the legal consequences of the transaction to the parties. If the notary has reasonable doubts that the person understands the significance of their actions or acts under deception or violence, he is obliged to refuse to perform the notarial act and notify law enforcement agencies and the social protection authority about such circumstances.

A similar approach is observed regarding other participants in the procedure. The executor, upon detecting signs of the debtor's vulnerability, must stop enforcement actions and apply to the court to determine the further procedure for executing the decision. The state registrar, in turn, is obliged to stop state registration if it may lead to the loss of the only housing by a vulnerable person without compliance with the guarantees provided by law.

Transitional provisions

An important norm of the draft law is its transitional provisions. They provide that enforcement proceedings in which the housing realization has not been completed on the day the law comes into force are subject to mandatory verification for compliance with the new guarantees. Thus, the proposed mechanism will have practical significance not only for future but also for already opened enforcement proceedings.

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