Government establishes state register of property damaged and destroyed by russian aggression
On 29 April 2022, the Cabinet of Ministers of Ukraine adopted Resolution No.505 "On Amendments to Resolutions of the Cabinet of Ministers of Ukraine of 20 March 2022 No. 326 and 26 March 2022 No. 380" amending the Procedure for submission of information notices on damaged and destroyed immovable property as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation (hereinafter - the "Procedure").
The updated Procedure specifies the list of immovable property in respect of which an information notice on damage and destruction may be submitted, namely:
- buildings and structures (including joint property of an apartment building)
- components of the building / structure (apartments, built-in, attached or integrated-attached residential and non-residential premises in the building/structure, garages, parking spaces, other residential and non-residential premises), which are independent immovable property
- construction objects in respect of which the right to perform construction works has been obtained, and their components (apartments, built-in, attached or integrated-attached residential and non-residential premises in the building / structure, garages, parking spaces, other residential and non-residential premises), which after the commissioning of the completed construction object are independent immovable property objects
- linear objects of engineering and transport infrastructure (including linear objects of energy infrastructure)
The list of entities that may submit information notice on damage and destruction of property has been expanded, in particular, the heirs of individuals, legal entities and their successors have been added.
The Procedure provides for the establishment of the State Register of property damaged and destroyed as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation (hereinafter - the "Register").
The Register includes information on:
- damaged and destroyed immovable property
- entities whose immovable property has been damaged or destroyed
- damage and losses caused to such property
Public registrars of the Register, which ensure the entry of information (documents) on damaged/destroyed immovable property, on entities whose immovable property is damaged/destroyed, damage and losses, etc. are its users:
- executive bodies of village, settlement, city, district councils in the cities (in case of their establishment)
- military administrations
- Ministry of Infrastructure
- Ministry of Reintegration
- State Emergency Service
- Ministry of Regional Development
- Ministry of Culture
- Ministry of Justice
- State Property Fund
- local state administrations
- administrative service centers
- social protection bodies
- notaries
- executors of work (services) related to the creation of architectural objects
- property appraisers
- utility service performers
- association of co-owners of apartment buildings, managers of apartment buildings, dormitories, housing construction (residential) cooperatives, which ensure the maintenance of relevant buildings
- other state bodies on the basis of the decision of the Ministry of Infrastructure
The information message may be submitted to the Register by an individual or legal entity (its representative):
- independently through Portal Diia
- through the administrator of the center for providing administrative services
- through a notary
The information entered in the Register of Damaged and Destroyed Property is open and publicly available (except for the personal data of individuals).
Importantly, after the entry into force of the Law of Ukraine on Settlement of Compensation for Damage and Destruction of Immovable Property as a Result of Combat, Terrorist Acts, Sabotage Caused by Military Aggression of the Russian Federation, informational notices on damage or destruction of residential buildings and premises are equated to claims for compensation for damaged and destroyed immovable property.
The resolution enters into force on 26 May 2022. Within two months from this date, the State Register of property damaged and destroyed as a result of hostilities, terrorist acts, sabotage caused by the military aggression of the Russian Federation must be established.
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.
