If an Apartment Is Registered Only with the BTI: Risks for Owners and Necessary Actions
Owners of apartments, houses, and other real estate whose ownership rights were formalised before 1 January 2013 may be unaware that information about their property is missing from the modern State Register of Property Rights to Real Estate. Although paper documents from the Bureau of Technical Inventory (BTI) remain valid, the absence of a digital record can cause significant problems when selling or gifting property, processing inheritances, and, in wartime conditions, may even preclude the possibility of receiving compensation for destroyed or damaged property. For these reasons, experts advise promptly transferring this information to the State Register, especially as the procedure is free for most owners.
Why paper registration with the BTI is no longer sufficient
Before 1 January 2013, the registration of ownership rights to real estate was carried out by the BTI, and all information was stored exclusively on paper.
Today, a substantial number of such properties are still not recorded in the State Register of Property Rights to Real Estate. Although the state recognises older title documents, the absence of information in the modern electronic register can pose significant risks for owners.
Specifically, this includes potential fraudulent actions, loss of documents due to hostilities, difficulties during sale, gifting, or inheritance processing, and other legal complications.
Why this is especially important during the war
Under martial law, entering real estate information into the State Register has become particularly crucial.
A record in the register is a prerequisite for receiving compensation under the eRecovery programme should housing be damaged or completely destroyed due to hostilities.
Therefore, owners of real estate whose rights are registered only in paper BTI archives are advised to transfer this information to the electronic register without delay.
Why the state urges data transfer to the State Register
The state is gradually establishing a unified, transparent system for accounting for real estate rights. To this end, legislation provides a benefit for owners whose ownership rights were formalised before 1 January 2013.
If the right arose and was properly formalised before this date, entering information from the BTI into the State Register is done without an administrative fee.
Furthermore, the law outlines the procedure for such registration. The state registrar independently contacts the BTI to request the necessary information for data entry into the register.
What to do if the BTI archive is destroyed or remains in occupied territory
In some cases, confirming ownership through the BTI is impossible. This applies to situations where archives have been destroyed or remain in temporarily occupied territory.
If the state registrar cannot obtain confirmation from the BTI, the owner will need to file a claim in court to recognise their ownership rights to the real estate.
Once the court's decision becomes legally binding, it will serve as the basis for state registration of ownership rights.
How to transfer data from the BTI to the State Register
An application can be submitted in two ways.
The first is to personally contact the state registrar or a private notary through the Administrative Services Centre (CNAP) at the location of the real estate within the respective region.
However, for real estate located in the Autonomous Republic of Crimea, the city of Sevastopol, and in Donetsk, Dnipropetrovsk, Zaporizhzhia, Luhansk, Mykolaiv, Sumy, Kharkiv, Kherson, and Chernihiv regions, a special rule applies. Owners can contact any state registrar or notary anywhere in Ukraine, regardless of the property's location.
The second method is to submit an application online via the Diia portal. This option is available for all regions of Ukraine except Luhansk and Donetsk regions, and the Autonomous Republic of Crimea.
How much does data transfer cost?
For owners of real estate who acquired ownership rights before 1 January 2013 and possess properly formalised documents, transferring information from the BTI to the State Register of Property Rights is completely free of charge.
Experts advise against delaying this procedure. If paper documents are lost and confirming ownership through the BTI archive becomes impossible, restoring rights may necessitate court proceedings, significantly more time, and additional financial costs.
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