Property destruction or damage: what should the owner do?

Property destruction or damage: what should the owner do?

The full-scale war of the *russian federation against Ukraine has led to massive destruction and damage to residential and non-residential premises. For the owners of this property, questions about their rights and actions in these extraordinary circumstances become relevant.

On March 26, 2022, the Cabinet of Ministers of Ukraine issued Resolution No. 380, which, among other things, approved the Procedure for Submitting Information Notices Regarding Damaged and Destroyed Real Estate as a Result of Hostilities, Terrorist Acts, Sabotage, and the Armed Aggression of *russia Against Ukraine.

Знищення чи пошкодження майна: які дії власника

Nadija Gnizdovska, partner at “Juris Ferrum” Law Firm and member of the Building committee of the Ukrainian National Bar Association, and Akhlamova Anastasiia, , assistant attorney at “Juris Ferrum” Law Firm, wrote an article for the publication "Yurist & Zakon" on what the owner of damaged and destroyed property should do.

 

Key points:

  • damaged property is property that can be restored through repair, reconstruction, or restoration;
  • destroyed property is property that cannot be restored and requires new construction;
  • compensation recipients: owners of damaged/destroyed property (individuals and legal entities); heirs of owners of damaged/destroyed property (with certain exceptions); investors in the construction of damaged/destroyed objects;
  • compensation for damaged property: use of the electronic service "e-Recovery" for repair/restoration; monetary payments (up to UAH 200,000) in cases where "e-Recovery" is not used;
  • compensation for destroyed property: funds for the construction of a new building; a housing certificate for the purchase of new housing;
  • procedure for obtaining compensation: submission of an application and necessary documents to the relevant commission; consideration of the application by the Commission and making a decision on the provision/refusal of compensation; approval of the decision by the executive body of power; issuance of compensation (funds or a housing certificate).

Read more in the full version of the article.