UK: Kyiv Real Estate Newsletter

Last Updated: 3 February 2016
Article by Myron B. Rabij and Anzhelika Livitska

The new year started with significant changes regarding the registration of rights to real estate.

In particular, the restated Law of Ukraine "On State Registration of Proprietary Rights to Real Estate and Their Encumbrances" entered into force (partially from 13 December 2015 and partially from 1 January 2016) (the Law), and Resolution of the Cabinet of Ministers of Ukraine "On State Registration of Proprietary Rights to Real Estate and Their Encumbrances" dated 25 December 2015 No. 1127 (the Resolution) took effect.

The Resolution abolishes the following resolutions of the Cabinet of Ministers of Ukraine, specifically:

  • "On Approval of the Amount and the Procedure for Use of the Fee for Introducing Amendments to the Entries in the State Register of Proprietary Rights to Real Estate and the Provision of Information from the Said Register" dated 21 November 2012 No.1204
  • "On Approval of the Procedure for State Registration of Rights to Real Estate and Their Encumbrances" dated 17 October 2013 No. 868
  • "Some Issues Related to the Provision of Information on Registered Proprietary Rights to Real Estate and Their Encumbrances" dated 24 December 2014 No. 722
  • "On Provision of Services in the Field of the State Registration of Proprietary Rights to Real Estate and Their Encumbrances in a Shorter Period" dated 8 April 2015 No. 190

The Resolution also approves:

  • The procedure for provision of the information from the State Register of Proprietary Rights to Real Estate
  • The procedure for access to the State Register of Proprietary Rights to Real Estate

Thus, all "procedural" matters with respect to the registration of rights to real estate and their encumbrances have been changed.

In addition, on 1 January 2016 the Order of the Ministry of Justice of Ukraine dated 2 April 2013 No.607/5 "On Measures Concerning Interaction between Authorities Engaged in the State Registration of Rights and Their Officials" setting out the requirement to register ownership rights to property with an area of more than 5,000 sqm through the State Registration Service was cancelled.  

What global changes will occur as a result of the adoption of the Law and the Resolution?

  • The list of rights subject to registration has been slightly modified.  Now, the Law expressly states that the right to use (hire, lease) a building or another permanent structure (their separate part) arising out of an agreement for hire (lease) concluded at least for three years is subject to registration. Previously, the Law stipulated that any lease, regardless the term, had to be registered. By such amendment, the provisions of the Law have been brought into compliance with the provisions of the Civil Code of Ukraine (with respect to which there had previously been a conflict).
  • At present the Law clearly stipulates that the state registration requirement does not apply to proprietary rights to and encumbrances on mineral resources, plants as well as small architectural forms, temporary non-permanent structures located on land which can be relocated without their depreciation and change of the designated purpose, and separately to appurtenant or component  structures, specifically to main and industrial pipelines (including gas distribution networks), motor roads, electricity networks, main heating networks, communication networks, railway lines. Until the adoption of the Law there were different legal views regarding the necessity to register ownership of main and industrial pipelines (including gas distribution networks), motor roads, electricity networks, main heating networks, communication networks and railway lines.
  • The list of entities that may carry out registrations has been changed. Starting from 1 January 2016 registration may be carried out by: (1) entities engaged in the state registration of rights (executive bodies of village, town and city councils, Kyiv, Sebastopol city, district, district in the cities of Kyiv and Sevastopol state administrations, accredited entities) and state registrars of rights to real estate (notaries, state enforcement officers, a person who meets the eligibility requirements of the Ministry of Justice of Ukraine and is employed by an entity engaged in the state registration of rights.)
  • The registration process has itself also now become easier. It is now possible to carry out the state registration based upon the application submitted by an applicant in electronic form to the entity engaged in the state registration of rights or the notary through the web portal of the Ministry of Justice of Ukraine. 

Note that although from 1 January 2016 notaries may register rights to newly built and reconstructed buildings, they do not in fact register them so far for the following reasons:

  • An unclearly stated "exterritoriality principle" (that is, a possibility of registration of ownership of real estate by a notary who is administratively situated not at the location of the real estate). We expect more detailed clarification on this matter from the Ministry of Justice of Ukraine. 
  • Previously confirmation of the state registration was drawn up as a formal extract, but now, according to the requirements of the Resolution on an official form, information from the Register may be provided in two forms: (1) electronic form; and (2) paper form. Information in paper form shall be provided by means of its printing using software for maintenance of the State Register of Rights on A4 paper sheets (210 х 297 millimeters) without using any special forms, affixing any signature or seal. Market participants and notaries still discuss this novelty, since confirmation of ownership of real estate received in the form of an information sheet only (without issue of any formal title document) seems to be very controversial for the market, which has become used to the previous formalities.

Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Events from this Firm
28 Sep 2017, Seminar, London, UK

On 26 July the FCA published its long-expected consultation paper on the extension of the SMCR to all FCA-authorised firms. The so-called "core regime" introduces the key concepts of regulator-approved senior managers, firm-approved certification staff and conduct rules applicable to virtually all staff.

3 Oct 2017, Conference, Zurich, Switzerland

As the founding Partner of the Europe-Iran Forum, Dentons Europe will once again support this year’s event. This compelling event which explores all Iran-related topics will take place in Zürich on 3rd and 4th October.

4 Oct 2017, Conference, Munich, Germany

Dentons Global Real Estate Group is delighted to be exhibiting once again at EXPO REAL, the International Trade Fair for Property and Investment which takes place on 4-6 October, 2017 in Munich, Germany.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.