Registration of property rights after the launch of exchange between registers: what property owners need to know
State registration of real property rights based on court decisions is currently carried out upon the applicant’s request. The automatic registration procedure will only start after the launch of information interaction between the State Register of Real Property Rights and the Unified State Register of Court Decisions.
At present, a person who wants to register ownership or another real right based on a court decision must apply to the state registrar and submit the necessary documents.
This procedure is currently in effect according to the Final and Transitional Provisions of the Law of Ukraine No. 1666-VIII.
What will change after the launch of information interaction between the registers
The main Law of Ukraine "On State Registration of Real Property Rights and Their Encumbrances" already provides for a different mechanism. After the information interaction between the two state registers is launched:
- the court decision, after coming into legal force, will automatically be sent to the State Register of Real Property Rights;
- the state registrar will perform registration actions without the applicant’s request;
- no administrative fee will be charged for such registration actions.
Until this mechanism is introduced, the current transitional procedure applies.
What the state registrar checks
When reviewing documents, the state registrar must:
- verify the presence of the court decision in the Unified State Register of Court Decisions;
- compare its details and content with the submitted documents.
If the court decision is not in the Unified State Register of Court Decisions
In this case, the state registrar:
- sends a request to the relevant court for a duly certified copy of the court decision;
- suspends the application review until such a document is received.
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