Acquisition of Ownership Rights to Auxiliary Premises During the War: What Challenges Arise?

Acquisition of Ownership Rights to Auxiliary Premises During the War: What Challenges Arise?

The ongoing military actions have impacted many aspects of life, including real estate matters. In Ukraine, the process of acquiring ownership rights to auxiliary premises faces certain challenges, primarily due to legislative shortcomings and bureaucratic obstacles.

Набуття права власності на допоміжні приміщення під час війни

Gnizdovska Nadiia, partner at Juris Ferrum Law Firm, Head of the Construction Law Committee of the Bar Council of Odesa Region, Gnizdovska Ganna, managing partner at Juris Ferrum, secretary of the Construction Law Committee of the Bar Council of Odesa Region, together with Akhlamova Anastasiia, assistant attorney at “Juris Ferrum” Law Firm, have prepared an article for the Journal of the National Association of Advocates of Ukraine, where they thoroughly examine these issues. 

 

Key points of the article:

  • Auxiliary premises — these include basements, attics, stroller rooms, and other technical facilities, which are jointly owned by the co-owners of a multi-apartment building.
  • The process of acquiring ownership rights is complicated by the lack of a specific legal status for these premises.
  • Technical passports for auxiliary premises are often absent, which hinders their registration.
  • Owners of apartments in dual- or multi-apartment residential buildings, as well as residential units in dormitories, regardless of the basis for acquiring ownership rights, are co-owners of the auxiliary premises in the building or dormitory, including the technical equipment and elements of external landscaping.
  • During the war, it becomes increasingly important to conduct inventory and technical audits for the subsequent registration of ownership rights to auxiliary premises. 
  • Compensation issues: Current legislation does not provide mechanisms for compensating for damage to or destruction of auxiliary premises as a result of hostilities. 

 

For more details, read the full article.