Registration of real estate in the State Register: grounds for refusal and actions to take in case of problems
Many people believe that registration in the State Register of Real Property Rights to Real Estate is just a formality, but this is not so. This is a document confirming your ownership of real estate (an apartment or a house). If your data is not entered in the register, you will not be able to carry out any legal actions with the property, such as selling, donating or inheriting.
Sometimes the registration process can be delayed or end in refusal. In such cases, it is important to find out the reason for the blocking from the registration authority as soon as possible, as reported by the Ministry of Justice of Ukraine.
So, what can be the reasons for refusal to register real estate?
According to the legislation, there are several reasons for refusal, and among them we can distinguish four main ones:
Incomplete package of documents – for example, important certificates, technical passport or extract may be missing.
Errors in documents – acquired errors in contracts or applications, inconsistencies in addresses or areas of real estate.
Re-registration – the system records that the rights to the object are already registered to another person.
Restriction or arrest – if the property is subject to a ban on alienation (for example, due to a court or debts), registration will not be possible.
Choosing a place for registration actions
Documents can be submitted through various institutions, depending on the speed of execution:
ASC – a convenient and popular option, but the process often takes longer;
a private or public notary – registration is faster, but services may be more expensive;
the “Diya” portal – a modern online service, but not available in all cases.
What to do in case of refusal?
If you believe that the refusal is unfounded or an error has occurred, you have two ways to resolve the issue:
Administrative way through the Ministry of Justice. You can file a complaint with the territorial body of the Ministry of Justice within two months from the date of receipt of the refusal decision. The complaint should indicate all the details of the decision, formulate claims and add your requirements. Consideration of such complaints, as a rule, lasts up to 45 days.
Judicial path. This is a more complicated and longer option, but may be the only way out, especially in cases related to disputed property rights. In this case, you need to prepare a lawsuit with copies of the refusal and evidence of correctness.
First steps in case of problems
Before going to court or writing complaints, carefully check the documents and find out what the problem is. Often the issue is resolved by simply providing missing information or correcting errors.
If the problems are related to the arrest, you must first remove the restrictions through the bailiff service or court, after which you can return to the registration process.
It should be remembered that proper documentation and attention to detail can prevent many problems.
Earlier, we reported on the expected increase in product prices in Ukraine and the importance of registration for receiving subsidies. Also, let us recall that solar panels do not solve the problem of power outages for residents of high-rise buildings.
