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Extract from the Register of Property Rights to Real Estate

The purpose of obtaining an extract. The legislation of Ukraine provides that an owner who intends to make a transaction with his real estate located on a land plot must submit to the notary an extract from the Register of Property Rights to Real Estate, which is maintained by the technical inventory bureau.

The register of property rights to real estate is the only state information system containing information on registered rights, subjects of rights, real estate and construction in progress (hereinafter – real estate, sale of apartments, the rights of which are subject to state registration), documents of title and documents, based on which carried out state registration of ownership of the object under construction.

An extraction is one form of providing information from the Register of Property Rights to Real Estate.

The procedure for providing information from the Register of Property Rights to Real Estate is regulated by Section VII of the Provisional Regulation on the procedure for state registration of property rights and other property rights to real estate, approved by order of the Ministry of Justice of Ukraine of 07.02.2002 No. 7/5 (as amended by order of the Ministry of Justice of Ukraine of 28.07 .2010 N 1692/5), registered with the Ministry of Justice of Ukraine on 02/18/2002 N 157/6445.

According to clause 4.6 of the Procedure for maintaining the Register of Ownership of Real Estate, approved by order of the Ministry of Justice of Ukraine of 01.28.2003 N 7/5 (as amended by the order of the Ministry of Justice of Ukraine of 12.10.2010 N 2480/5), registered with the Ministry of Justice of Ukraine on 01.28.2003 for N 67/7388, an extract from the Register of Property Rights to Real Estate is formed on the basis of entries in the Register of Property Rights to Real Estate.

In the absence of the necessary data in the Register of Property Rights to Real Estate, the legislation provides for the generation of an extract according to the registration file.

Clause 7.9 of the Regulation provides that an extract from the Register of Property Rights to Real Estate contains:

Date of issue and number of extract from the Register of Rights;
Registration number of the object;
The type (purpose) of the object whose rights are subject to state registration (residential building, apartment, premises, construction in progress, etc.);
The address (location) of the object whose rights are subject to state registration;
Information about the owner (s);
Grounds for the emergence, transfer or termination of ownership;
Form of ownership;
Type of common ownership and size of shares, if the property belongs to the right of common shared ownership;
Information on the law-enforcement officer (law-enforcement officer);
Grounds for the emergence, transition or termination of property law;
The content and characteristics of property law;
Duration of property law;
Description of the object whose rights are subject to state registration (data on buildings, structures, their parts, construction in progress, name and lettering; total and living area; land area (if such information is available); wall materials, etc.) , which is formed after the result of a technical inventory of such an object;
The cost of an object whose rights are subject to state registration, which is determined as of the date of the technical inventory of such an object;
Special notes of the BTI registrar (information on seizure, on the property being in a tax lien, on unauthorized construction, etc.);
Validity of extract from the Register of Rights;
Surname, name, patronymic and signature of the registrar BTI;
Surname, name, patronymic and signature of the head of the BTI or his authorized person.
The specified extract is issued on the corresponding form and sealed with the seal of BTI.

Given that the extraction must contain relevant information about the real estate object, and the description of the object is formed according to the technical inventory of this object, clause 7.6 of the Regulation provides that an extract from the Register of Property Rights to Real Estate is preceded by a technical inventory of the object, the rights to which are subject to state registration, except in cases where an extract from the Register of Rights is provided in the event of a waiver of the right of ownership or other property Islands on real estate.

Moreover, according to the rules of the Regulation, a technical inventory of an object whose rights are subject to state registration should be carried out by the BTI, which operates in the territory within which such an object is located.

If, as a result of a technical inventory of an object, the rights of which are subject to state registration, information about the object or part thereof has changed, the BTI registrar edits the record about this object.

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