Rights and obligations of property owners in Ukraine

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Consultant # 43 Lawyer Poland / Warshawa

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Rights and obligations of property owners in Ukraine

Ownership of real estate is an important component of the legal status of individuals and legal entities. In Ukraine, the rights and obligations of real estate owners are regulated by a number of legislative acts that ensure proper management, use and protection of real estate. In this article, we will review the main rights and obligations of real estate owners, as well as important aspects of the legal regulation of this issue.

Legal framework

• The Constitution of Ukraine

The Constitution of Ukraine guarantees the right to property, defines the basic principles of protection of this right and establishes the obligations of owners with respect to the use of property.

• Civil Code of Ukraine

The Civil Code of Ukraine (the "CCU") is the main legal act regulating ownership of real estate, defining the rights and obligations of owners, and the procedure for acquiring and terminating property rights.

• Law of Ukraine "On State Registration of Real Property Rights and Encumbrances"

This law establishes the procedure for state registration of rights to real estate, which is necessary to protect the rights of owners and ensure legal certainty in real estate relations.

Rights of real estate owners:

1. Right of possession. Owners have the right to own their real estate, which implies physical control and supervision over the property. This right guarantees the ability to use the property at their own discretion, including leasing it out or transferring it for use to other persons.
2. Right of use. Owners have the right to use their real estate, which includes the right to use it for personal needs, business activities or other lawful purposes. It is important that the use of the property does not violate the rights and interests of other persons, and complies with legal requirements and contractual terms.
3. Right of disposal. Owners have the right to dispose of their real estate, which includes the right to sell, donate, bequeath, exchange or otherwise transfer property to other persons. All property disposal transactions must be executed in accordance with the procedure established by law.
4. The right to protect property. Owners have the right to protect their property from unlawful encroachments. This right includes the ability to go to court to defend their rights, claim damages and seek other legal remedies.
5. The right to income from property. Owners have the right to receive income from their real estate, in particular, by leasing it out, using it for business activities or other legal means of making a profit.

Responsibilities of property owners:

• Compliance with the law

Owners are obliged to comply with Ukrainian legislation governing the use and management of real estate. This includes compliance with urban planning, environmental, sanitary and other laws.

• Payment of taxes and fees

Owners are obliged to pay taxes and fees related to the ownership and use of real estate in a timely manner. This includes real estate tax, land tax and other mandatory payments.

• Maintaining the property in good condition

Owners are obliged to maintain their property in good condition by ensuring its preservation, repair and maintenance. This includes compliance with safety, sanitation and hygiene requirements, as well as maintaining the aesthetic appearance of the property.

• Respect for the rights of neighbours and other persons

Owners are obliged to respect the rights and interests of neighbours and other persons that may be affected by the use of real estate. This includes compliance with the rules for the use of common property, limiting noise, pollution and other factors that may affect others.

• Fulfilment of contractual obligations

Owners are obliged to comply with the terms of agreements entered into with respect to real estate, including lease, insurance, property management, etc. This includes timely payment of rent, compliance with insurance conditions and fulfilment of other contractual obligations.

Procedure for acquisition and termination of ownership:

1. Acquisition of ownership:

Ownership of real estate may be acquired on the basis of:

• Sale and purchase: conclusion of a sale and purchase agreement and registration of ownership.
• Donation: conclusion of a donation agreement and registration of ownership.
• Inheritance: acceptance of an inheritance and registration of ownership.
• Exchange: entering into an exchange agreement and registering ownership.
• Other grounds: conclusion of other agreements or adoption of decisions by the authorities providing for the transfer of ownership.

2. Termination of ownership

Ownership of real estate may be terminated in the following cases:

• Sale of property: entering into a sale and purchase agreement and registration of a new owner.
• Donation of property: conclusion of a donation agreement and registration of a new owner.
• Alienation due to other reasons: conclusion of other agreements or decisions of the authorities providing for the termination of ownership.
• Confiscation or seizure: court or governmental decisions to confiscate or seize property in cases provided for by law.

Practical advice for property owners:

• Registration of property rights. It is recommended to register ownership of real estate in the state register in a timely manner. This ensures legal protection and the ability to dispose of the property without restrictions.
• Contractual formalisation of transactions. When entering into real estate transactions, it is important to carefully draft contracts, paying attention to all terms and conditions. It is recommended to seek the advice of qualified lawyers to review and draft contracts.
• Compliance with the law. Owners should keep abreast of changes in real estate legislation and comply with all requirements and regulations. This will help to avoid legal problems and ensure proper property management.
• Participation in joint projects. Property owners are encouraged to participate in joint projects with neighbours or other owners to improve living conditions, increase property values and develop infrastructure.
• Use of professional services. Professional companies or specialists with experience and knowledge in this area can be engaged to manage real estate. This will allow you to manage the property more efficiently and ensure its safety.