The record in the old real estate registry is not canceled: what the owner should do and whether payment is required

The Ministry of Justice reminded that according to the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances," an integral archival component of the State Register of Property Rights includes the Register of Ownership Rights to Real Estate, the Unified Register of Prohibitions on Alienation of Real Estate Objects, and the State Register of Mortgages.

When archival registry data are used

As noted by the Ministry of Justice, according to the Procedure for Maintaining the State Register of Property Rights, the state registrar uses archival data during the state registration of rights to verify the presence or absence of records on the state registration of rights and their encumbrances.

Such data are also used to transfer information to the State Register of Property Rights and to cancel records in cases provided by law.

At the same time, archival data are considered relevant only when information about ownership rights, other property rights, or their encumbrances has not yet been entered into the State Register of Property Rights or has not been terminated therein.

How record cancellations occur

The Ministry explained that the grounds and procedure for canceling records are determined by the Procedure for Maintaining the State Register of Property Rights.

If a right was registered before January 1, 2013, in the archival component of the register, after transferring the data to the State Register of Property Rights, the state registrar marks the corresponding record as canceled.

If the property is in joint ownership, such a mark is made only regarding the person for whom the registration actions are carried out.

In the Unified Register of Prohibitions on Alienation of Real Estate Objects and the State Register of Mortgages, a mark is also placed to cancel records concerning encumbrances or mortgages.

What to do if the record was not canceled

If the state registration has already been carried out but the cancellation mark was not entered, it can be done during subsequent registration actions regarding the real estate object.

If there is no need for new registration actions, the owner or their authorized person can submit an application to correct a technical error.

This right is also granted to persons whose records remain without a cancellation mark, as well as their heirs or successors.

For such cases, the Procedure for Maintaining provides a separate type of application for correcting technical errors, which is used to cancel records in the Register of Ownership Rights to Real Estate.

What documents are needed and where to apply

No additional documents are required to cancel records by a separate application.

At the same time, the state registrar must identify the relevant real estate object and verify the presence in the State Register of Property Rights of a record of ownership rights for the person regarding whom the cancellation is carried out, or for another person if the application is submitted by the previous owner or their heir.

The application can be submitted to any state registrar of rights or notary, observing the principle of territoriality, in particular within the region where the real estate is located, except for cases defined by the order of the Ministry of Justice of Ukraine dated June 9, 2023, No. 2179/5 with amendments.

Is an administrative fee required

The Ministry of Justice emphasized that the Law does not provide for the collection of an administrative fee for canceling records in the Register of Ownership Rights to Real Estate.

Also, the Procedure for Maintaining provides that the state registration of the termination of other property rights or their encumbrances, records of which are contained in the archival component of the State Register of Property Rights and do not contain identification of the subject of such right or encumbrance, is carried out without transferring these records to the State Register of Property Rights by canceling them in the archival component of the register.

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