Attorney's advice on acquiring ownership rights to auxiliary premises

Attorney's advice on acquiring ownership rights to auxiliary premises

In Ukraine, the procedure for registering ownership rights to auxiliary premises in multi-apartment buildings has become a real quest for owners.

Even when there is a homeowners' association (HOA) in the building, there are constant issues with purchasing and uncertainty about the status of such premises.

Поради адвоката щодо набуття права власності на допоміжні приміщення

On April 24, 2020, our association's partner, Nadia Gnizdovska, a real estate and construction attorney, was a speaker at a webinar on the topic: 

"Issues of Acquiring Ownership Rights to Auxiliary Premises in Multi-Storey Buildings".

 

During the webinar on real estate matters, the following issues were discussed:

  • auxiliary premises as shared property of a multi-apartment building;
  • co-owners do not have the right to allocate their share of common property in kind;
  • the conditions for the sale of shared property in buildings with a homeowners' association (HOA) were explained in a letter from the Ministry of Housing and Communal Services of Ukraine dated January 22, 2009, No. 8 / 14-530. 

 

Nadia Gnizdovska, a real estate and construction attorney, outlined the key issues: 

  • the inability to obtain a separate technical passport for auxiliary premises;
  • the lack of documents confirming ownership rights to auxiliary premises;
  • the absence of a separate address for auxiliary premises. 

In her opinion, a separate procedure is needed to regulate the issue of transferring ownership of auxiliary premises.