The new Resolution of the Cabinet of Ministers of Ukraine has eliminated a number of shortcomings of the previous mechanism of appeals of Ukrainians regarding damaged or destroyed property as a result of hostilities, terrorist acts, sabotage caused by Russian military aggression.
To the history of the issue
On March 26, 2022, the Cabinet of Ministers of Ukraine by Resolution №380 approved the Procedure for submitting information on damaged and destroyed real estate as a result of hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation.
This Resolution had a number of shortcomings and issues and needed to be revised. Thus, one month later, on April 29, 2022, the Cabinet of Ministers adopted Resolution №505, which approved the updated Procedure for submitting such information.
To whom does the Order apply?
If the first version of the Order applied to citizens of Ukraine, it is now established that the Procedure applies to individuals and legal entities whose real estate is destroyed or damaged as a result of hostilities, terrorist acts, sabotage caused by military aggression of the Russian Federation since the introduction of military by the Decree of the President of Ukraine of February 24, 2022 № 64 “On the imposition of martial law in Ukraine”.
Thus, the new wording takes into account that real estate in Ukraine may belong not only to citizens of Ukraine, but also to other individuals and legal entities whose property rights are also subject to protection.
Clause 2 of the Procedure defines who belongs to such natural and legal persons.
Natural persons are those persons who are:
Legal entities are those that are:
– owners of relevant real estate or customers of construction in relation to construction objects;
– members of housing construction (housing) cooperatives who bought an apartment, other residential premises of the cooperative, but did not register ownership of it;
– persons who have invested and financed the construction of facilities in respect of which the right to perform construction work has been obtained (including commissioned facilities in respect of which the right of ownership has not been issued);
– the heirs of the persons specified in the second – fourth subparagraphs of subparagraph 1 of paragraph 2 of the Procedure.
– owners (balance holders) of the relevant real estate or construction customers in respect of construction objects, or for whom such property (construction objects) is assigned to the right of economic management or the right of operational management;
– persons who have invested and financed the construction of facilities in respect of which the right to perform construction work has been obtained (including commissioned facilities in respect of which the right of ownership has not been issued);
– associations of co-owners of apartment buildings, managers of apartment buildings, housing construction (housing) cooperatives that maintain the relevant buildings;
– heirs of the owners of the relevant real estate or construction customers in respect of construction projects; members of housing construction (housing) cooperatives who bought an apartment, other residential premises of the cooperative, but did not register ownership of it; – persons who have invested and financed the construction of facilities in respect of which the right to perform construction work has been obtained (including commissioned facilities in respect of which the right of ownership has not been issued);
– successors of all the above persons.
The concept of terms of destroyed and damaged real estate is expanded
The first edition of the Order referred to such objects only apartments, other living quarters in the building, private houses, garden and country houses.
Now the destroyed (which has become unusable for its intended purpose) and damaged (which can be restored by repair or reconstruction) real estate include:
buildings, structures (including the common property of an apartment building (common areas), load-bearing, enclosing and load-bearing enclosing structures of the building, mechanical, electrical, plumbing and other equipment inside or outside the building, which serves more than one residential or non-residential premises, as well as buildings and structures that are designed to meet the needs of all co-owners of an apartment building and are located on the premises);
components of buildings, structures (apartments, built-in, attached or built-in residential and non-residential premises in buildings, structures, garages, parking spaces, other residential and non-residential premises), which are independent real estate objects;
construction objects in respect of which the right to perform construction works has been obtained;
components of the objects defined in the fourth paragraph of this subparagraph (apartments, built-in, attached or built-in residential and non-residential premises in buildings, structures, garages, parking spaces, other residential and non-residential premises), which after commissioning completed construction ‘objects are independent objects of real estate;
linear objects of engineering and transport infrastructure (including linear objects of energy infrastructure).
An important innovation is the Register of damaged and destroyed property
If earlier there were proposals to develop a separate section for the State Register of Real Property Rights, now we can finally say that the Register of Damaged and Destroyed Property will be created.
According to paragraph 14 of the Procedure, the Register of damaged and destroyed property is the only state information and communication system designed to collect, accumulate, record, process, store and protect information (documents) about damaged and destroyed real estate, spatial coordinates of objects , persons whose immovable property has been damaged or destroyed, damage and losses caused as a result of damage to such property, and other information specified in this Procedure.
The register of damaged and destroyed property will contain information on:
1) damaged and destroyed real estate;
2) persons whose real estate has been damaged or destroyed;
3) damage and losses caused by damage to such property.
As provided by the Procedure, the information specified in paragraphs 1-2 will be automatically registered in the register on the basis of information messages of persons.
And the information (documents) on item 3 will be registered / entered by its users through the user’s electronic account. These are, in particular, executive bodies of village, settlement, city, district councils in cities (in case of their creation), military administrations, the Ministry of Infrastructure, the Ministry of Justice, the State Property Fund; local state administrations, CNAPs, notaries, etc.
The information entered in the Register of Damaged and Destroyed Property is reliable and may be used by state bodies, local governments, their officials in the exercise of their powers under the law, in particular to protect national interests in future claims of Ukraine in connection with military aggression of the Russian Federation.
The information entered in the Register of Damaged and Destroyed Property is open and publicly available, except for the registration numbers of taxpayers’ registration cards, passport data, place of residence of an individual, and other personal data.
The procedure for submitting an information message about destroyed or damaged real estate
Despite the fact that notifications will now be submitted to the Register of Damaged and Destroyed Property, the procedure for its submission has not changed.
The information message can be submitted by a person:
independently through “Action”
through the administrator of the center of administrative services or a notary.
The information message is submitted regardless of the place of residence or stay of the natural person or the location of the legal entity.
The only difference in submitting an information message is that if the information message is submitted by a natural person-citizen of Ukraine, he can use all the above methods of submitting a message, and if such a message is submitted by a representative of a natural person-citizen of Ukraine, a foreigner or his representative. they can submit it only through the administrator of the administrative service center or a notary.
To submit an information message by a legal entity it is necessary:
the representative of the legal entity to create a personal electronic user account on the portal “Action” and undergo electronic identification and authentication;
fill in the information message, which is formed by means of the portal “Action”.
What data should the information message contain:
for individuals – last name, first name, patronymic (if any) of the person; for legal entities – on the organizational and legal form, the name of the legal entity;
for individuals – registration number of the taxpayer’s account card (in case of submission using the mobile application “Action” or series (if available) and passport number (for individuals who due to their religious beliefs refused to accept the registration number of the taxpayer’s account card and reported it to the relevant state body and have a mark in the passport), a unique entry number in the Unified State Demographic Register (if any), for legal entities – identification code in accordance with the USREOU;
contact details of the person (phone number, e-mail address);
real estate information:
-type of real estate;
-total area of real estate (length – for linear objects of engineering and transport infrastructure). In the absence of accurate information on the total area, the length of real estate, the approximate area, length;
-address (location) of real estate;
-information that real estate is an object of cultural heritage (if necessary);
-other technical characteristics of real estate (if any);
-form of ownership of real estate;
-presence / absence of the status of a cultural heritage monument;
information on the number of persons living in real estate (for housing);
information on damage or destruction of immovable property, date and approximate time of the event, description of the damage, in particular the area or length of the damaged immovable property, photo, video recording (if available).
Information on real estate is obtained / confirmed from the State Register of Real Property Rights (if any). That is, if you still have an extract from the DRRPNM for your real estate, it must be added to the application.
Submission of information message through CNAP and notary
A citizen of Ukraine who is not able to submit an information message independently through the mobile application “Action”, or plans to submit an information message to a representative of a natural citizen of Ukraine, a foreigner or his representative, such persons apply to CNAP or notaries.
CNAPs and notaries on the day of the person’s application to submit an information notice establish the identity and authority of his representative (in case of submission of information information by a representative) – so do not forget to bring documents proving your identity and your authority (passport, power of attorney); fill in the information message, which is formed by means of the Portal “Action”.
It is also advisable to bring documents proving your ownership of the destroyed / damaged real estate.
CNAPs and notaries print the registered information message at the request of the person. Therefore, please print out a registered information message for you.
It should be noted that the Resolution of the Cabinet of Ministers of Ukraine 80380 stipulates that after the entry into force of the Law of Ukraine on Settlement of Compensation for Damage and Destruction of Immovable Property as a Result of Combat, Terrorist Acts, Sabotage Caused by Military Aggression of the Russian Federation. to this Resolution, is equated to the application for compensation for damaged and destroyed real estate.