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17.05.2011

Buyer and seller can remain flat and with no money and no housing ...

According to experts, a new procedure for registering real property rights, which will come into force in 2012, creates fertile ground for fraud.

The current year will be the last, when the buyer of housing or the heir to register their property and the right to it in one institution - the Bureau of Technical Inventory. Already from January 1, 2012 registration of property rights in the new unified register will be specially created government agency, subordinate to the Ministry of Justice of Ukraine. A technical inventory will continue to BTI. In addition, the Cabinet of Ministers of Ukraine approved yet and the bill providing for the introduction of fees for state registration of rights to immovable property.
"Without a paper archives there is an opportunity to do a double, a triple registration of the object to strangers"

According to Justice Minister Oleksandr Lavrynovych, the bill provides for the collection of fees for state registration of title to property in the amount of seven non-taxable minimum incomes of citizens (119 hryvnia). Upon registration of ownership of real estate, which has appeared and recorded prior to January 1, 2012, will need to pay half the rate (59 hryvnia 50 cents). An entry in the register of information about burdening the right to property will be worth three non-taxable minimum incomes of citizens (51 UAH).

The Minister noted that the aim of introducing registration fee is to cover the expenses of the state to register property. After all, according to the accepted last year the Law "On state registration of property rights to real property and their burdens, to January 1, 2012 in Ukraine will be a new system for collecting and storing information about the property and its owners even non-existent single registry. In this case, should be created as a new system of registration.

However, many experts argue that reform in this system could lead to chaos in the property market and the emergence of massive fraud with apartments. Also, now people are having difficulty in obtaining access to information about the property, and state agencies, by contrast, are becoming more authority and capacity to deprive people of their property. On the accumulated problems "Facts" said Director of Ukrainian Association of BTI Dmitry Pavlenko.

- Home buyers or tenant can now get information about ownership of certain property?

- The buyer is entitled to obtain information upon request of the landlord. But with tenants is a serious problem. Order of the Ministry of Justice has made changes to some regulations and the Provisional Regulation on the procedure of state registration of ownership of real property, according to which of October 1, 2010 BTI shall register the right to use immovable property. That is, in fact, must register all rental contracts. However, the procedure approved by the Ministry of Justice, a controversial, ill-conceived and carries many risks for property owners. The order of Justice and the explanations to it there is no clear list of the documents on which the registration is conducted, it is not clear what the right of use shall be registered without a procedure for de-registration. In this case, the tenant can not obtain full information about the property and rights to it.

- Who and what information can be obtained?

- There are three types of data. The first - general information about the property. Obtain an extract from the register of such information may be the owner or person authorized by him, as well as heir in probate. The second type - full details of ownership. Due to changes in legislation with direct access to the data received from the state register state executive service (GIS), which is housed in the Ministry of Justice. And the third type - a brief information sheet issued at the request of state and local governments.

- There are only nine months before the transfer of authority for the registration of property rights from TIB to the new authority under the Ministry of Justice. You've already submitted them to the information you have?

- Time is short, but no information we have not yet pass. First, it is still not clear what exactly should be passed. Until recently, all the information about the property, including information about the owners, stored in a single inventory of fact, which is owned by BTI. Since October 2010, after making changes to the Ministry of Justice for the temporary position, there was such a thing as the registration file. In fact, from October 1, BTI must keep two things - the inventory and registration. In the future we will be obliged to submit to Ministry of Justice only registration of the case. But then it turns out that a single register will get only information about those objects that have changed ownership since October 1, 2010. But such cases are very few. Secondly, there are many apartments and houses that are registered only on paper and electronically in an existing registry of them generally have no information. How and to what extent and on what basis should BTI transfer information from paper, is unknown.

By the way, the representatives of the Ministry of Justice initially claimed that they did not need paper files. But eventually realized without such records it is possible to do a double, a triple registration of the object on innocent people. This is a serious problem that can have negative consequences for millions of citizens.

- The state is trying to somehow fix the situation?

- Engineering solutions, we can not see. At the same time today, a draft of legislative changes proposed to entrust the function of notaries issuing excerpts from the registry. But at the same notary public will not bear any responsibility for the accuracy of the information, and will be responsible only for the accuracy of its transmission. Now when issuing extracts from the register on it sure put a signature registrar, head of BTI, and print. Thus confirmed full compliance with the data because the provision of a document is preceded by technical inventory of the object, and signed the statement the officials responsible for the accuracy of the information. Naturally, the notary will not be able to verify that the information about the apartment in the registry is completely untrue. And it is not part of his duties. But from January 1, the data in the electronic docket will fit people who have neither experience nor the ability to synchronize information with the technical documentation.
"If information about an object in the registry does not prove, the owner will need to prove their ownership of and contribute data to the database"

- Suppose a person has decided to sell his apartment. He is the owner since the mass of free privatization of housing. Would not that when it comes to the notary, information about the apartment in the registry simply will not appear? But without a statement from the registry to dispose of his property he can not. And what then?

- Such a situation will necessarily occur. There are still many pitfalls. For example, during the years of independence many of the streets changed their name or changed the numbering of houses. It turns out that the old legal documents on which the object was registered many years ago, listed the same address, but now he is different. And if the owner submits the documents to accommodate the data in an electronic registry and registrar just automatically transfer information from paper to electronic, then in future there will a lot of problems when trying to sell the rights, donate or transfer by succession apartment or private home. And new registration authority will face difficulties.

- It turns out that people who want to protect yourself and avoid problems later on, may have to contact the registrar for entry of data into an electronic registry?

- It's not just a security issue. Anyone who wants to dispose of their property, will be required to obtain an extract from a single register. And if the object information in the registry does not prove, the owner will have to go to the registration authority, to pay money to prove their ownership of and contribute data to the database. In addition, still not clear, based on what documents will contribute and how reliable will the information in the new registry.

I also want to note one important legal nuance that introduces the substitution of existing concepts. Today, people register their ownership, and here everything clearly. And since 2012, according to legislative changes would be recorded constitutive act, then there is a document a piece of paper. This is a serious threat to the owners, because we all understand what is in our country, the value of such bills and how you can get it if you have money. If the state does not currently maintain order, does not correct the error and will not protect the interests of millions of property owners, from next year will complete chaos. Something similar is already happening in the field of land relations. Now in Ukraine, recorded thousands of cases where the same plot is given two, three, or even more acts for the right to own land.

And most importantly: not knowing all the nuances in the practice of registration of real estate, the Ministry of Justice has made to the already adopted law rule that registration is based on the principle of priority. Suppose, Ivanov appealed to the appropriate institution to 9.00, and his statement recorded. 5.9 In a statement on the registration of rights to the same object comes Petrov, but he has denied.
"Maybe people will have to pay extra even and Fees

- But this is an excellent ground for fraud in real estate!

- Sure. Scams will be enough to develop a scheme by which their people with forged documents is the first in the registration authority. Moreover, a buyer of real estate, has paid huge amounts of money may be left with nothing or a seller, do not get paid, will be deprived of housing.

- How is the registration of ownership of real estate now?

- The buyer hands over the documents for registration at the BTI. Then 30 days allocated to inventory the property, another 14 days - on the registration of property rights. Thus, there are 44 days, during which registration may be stopped. I note that under the current procedure, if during this period in BTI becomes another person with the application for registration of the same house or apartment, the registration process terminates and both the applicant is sent to the court. This mechanism is not very good, because in our country can be obtained directly contrary decisions in different courts, but at least have the opportunity to protect bona fide purchaser or owner of the deluded speculators. Since 2012, this mechanism may disappear unless there are changes in legislation.

- Will increase if the cost of obtaining information from a single register?

- Sure. At the moment the form extracts from the register is 72 UAH 50 kopeks. This money does not receive BTI, issuing statements and information center, serving register. In late March, the Ministry of Justice approved the cost of services, which will operate in 2012, after the transfer of all functions of the new division of the ministry. For the form will have to pay 120 hryvnia. In addition, those people who want to make or transfer the information about his ownership in the new unified registry will be required to pay 60 hryvnia. I note that, if parliament adopts the Ministry of Justice filed a law imposing the fee for state registration of property rights, people will have to pay extra and the fee.

- Where to look for these new government bodies registration?

- It is still unknown. Justice Ministry asked the local authorities to allocate space, but the issue is not solved yet, and staffing structure of these organizations are not created




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