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🌐On January 25, 2024, an event was held on the topic: "REGISTRATION OF FUTURE REAL ESTATE: HOW IT WORKS NOW - IMPORTANT NUANCES AND CLARIFICATIONS", organized by the CBU together with RED Community by LUN.

 

 

👤Tatiana Shulga-Zabelska, managing partner of Red Community, and Oleksandr Chervak, executive director of the CBU, welcomed the participants and noted the interest of developers in the problems that arise during the registration of future real estate objects.

 

💬 "I hope our dialogue will be productive", - Tatiana Shulga-Zabelska expressed her hope.

 

💬"We conducted a survey among developers and received a list of the most pressing problems. I hope such meetings will be systematically held in the future to discuss topical issues, in particular, regarding mortgages and eOselia", Oleksandr Chervak said. The list of the most frequent questions was prepared by representatives of the project "Transparency and accountability in public administration and services/TAPAS".

 

👤Lev Partskhaladze, President of CBU, congratulated participants, "Today the "rules of the game" are changing in the construction market." The law "On guaranteeing property rights to real estate to be constructed in the future" protects both buyers and developers. However, there are a number of questions regarding the registration of the future real estate. I thank our partners for their willingness to work on these issues."

 

👤Olena Shuliak, Head of the VRU Committee on State Building, Local Governance, Regional and Urban Development, Head of “Servant of the People”, announced that next week the European Union (EU) will make a decision on allocating 50 billion euros to Ukraine until 2027: “Help from Europe and the US Congress is extremely important to us."

 

 

💰She told about 2 more scenarios, according to which funds from international partners will be allocated. The first involves the allocation of 100 billion dollars to meet critical needs. From this amount, at least 19 billion dollars will be allocated for the restoration of the housing sector. The second scenario with a total amount of 300 billion dollars provides 39 billion dollars for financing of housing.

 

Olena Shuliak noted that 45 million square meters of damaged or destroyed housing has been recorded today, as well as 6 million internally displaced persons who need housing.

 

💬She emphasized that the Ukraine Facility program, which describes the main requirements for receiving funds from the EU, contains a separate paragraph about changes in housing policy: "The Ministry for Communities, Territories, and Infrastructure Development of Ukraine will fundamentally change the approach to housing policy. Do not try to develop schemes and bypass registration. It is impossible to sell housing without registering special property rights. Bypassing the legislation affects the image of the country and every family that has invested in houses."

 

Olena Shuliak assured that total digitization will continue: "I hope that the city planning conditions and restrictions will be formed automatically too."

 

👤Nataliia Kozlovska, Deputy Minister for Communities, Territories and Infrastructure Development of Ukraine, spoke about the changes that will await consumers and developers after the implementation of the future real estate register.

 

 

She emphasized the importance of the role of the registry for the entire process of digitization of the construction industry. She listed the documents that regulate the registration of the future real estate:

📜Law "On guaranteeing property rights to real estate to be constructed in the future";

📜Law "On state registration of property rights to immovable property and their encumbrances"

📜Law "On Regulation of Urban Development Activities"

📜 Resolution "On determining the minimum size of the guarantee share for the construction of real estate objects";

📜 Resolution "Some issues of compliance with the requirements of the Law of Ukraine "On guaranteeing property rights to real estate to be constructed in the future"

 

Nataliia Kozlovska reported that for 47 objects, the entry of information into the Single Electronic System in the Construction Sector (SESCS) has been completed, and for 80 objects the process of creating documents for registration of special property rights has begun.

 

💬She thanked everyone who took part in the work on this system: "We went from filing to registration, have automated the entry of information. In the future, we will proceed to the automatic registration of property rights."

 

📜Nataliia Kozlovska noted that the documents that were created before the implementation of the SESCS system still need to be created or obtained in this system: "This is a rather complicated process. Not all customers' documents actually reflect the state of the object, so adjustments still need to be made."

 

She also reminded that the state is currently implementing the eRecovery and eOselia programs, under which citizens can get an apartment or a home loan. So, priority will be given to facilities where special property rights are registered.

 

❌Nataliia Kozlovska noted that thanks to the exchange of data between SESCS and The State Register of Property Rights to Real Estate, attempts to circumvent the law are blocked (through the cooperative scheme, the use of forward contracts and the preliminary contracts for apartments).

 

The Deputy Minister for Communities, Territories and Infrastructure Development of Ukraine commented on the procedure for making minor adjustments to the area of the object: "We are developing a solution to facilitate the adjustment of the discrepancy between the plan and the fact, if it is no more than 5%."

 

She described the legislative changes that will be implemented in the near future:

✔️ Determination of the proportion of the guarantee share (residential/non-residential area)

✔️Changes to the procedure for issuing a construction passport

✔️Unification of the process of providing a bank guarantee: terms and grounds for its extension, preventive measures in the event of non-extension of its validity, loss of the right to perform transactions in relation to objects

✔️Expansion of the list of information subject to verification by adding information about the developer and his objects

✔️The procedure for receiving payments under a bank guarantee

 

Nataliia Kozlovska reported that soon the registration of the future real estate will be carried out automatically.

 

👤 Oleksandr Goncharenko, project manager of the TAPAS project, talked about the technical side of the future real estate registry.

 

 

He noted that in order to start automatic registration, it is necessary to check everything at the current stage of development, because later questions may arise when making changes to the documentation.

 

Registration is carried out in 4 steps:

🔹Registration of the contract on the organization and financing of construction

 

"There is a question of mixed contracts, I would recommend separating them. If the contractor both performs the work and is responsible for raising funds, then these should be different contracts," Oleksandr Goncharenko emphasized.

 

🔹Registration of the warranty part

 

"There is a problem that only warehouses are registered as a guarantee share. There may be abuse. We hope that the proportion of residential and non-residential premises in this part will be regulated in the near future in the resolution", Oleksandr Goncharenko noted.

 

🔹Formation of an application for registration of special property rights and future real estate 

 

🔹Special property rights registration

 

He emphasized that mistakes most often occur when determining the area: "It is important to calculate the number of components at the stage of project approval. It will be possible to adjust part of the area in the approximate range of up to 5%".

 

Oleksandr Goncharenko also noted that there is often a problem with the decision about assignment of address: "The address must be assigned at the stage of obtaining a permit, so as not to spend several months on it later."

 

As Oleksandr Goncharenko said, in the last month, questions often arise regarding sites on the territory of the house and objects of improvement, which were previously ignored, but now information about them must be entered in the register. A separate problem that often arises is the problem of storeys, especially in objects that are located on slopes, etc.

 

When registering old objects, there are difficulties with filling out project documentation, verification of existing contracts and verification in banks.

 

Oleksandr Goncharenko listed the negative consequences of violation of procedures:

🔴Inability to register as an investor;

🔴Blocking at the level of interaction between SESCS and The State Register of Property Rights to Real Estate;

🔴Difficulties in assigning identifiers;

🔴The need to bring legal procedures into line.

 

💻According to him, assigning an identifier to an object is extremely important - it allows you to track the life cycle of the object. It is also mandatory for work with the SESCS and The State Register of Property Rights to Real Estate.

 

Oleksandr Goncharenko provided statistics on registered applications for special property rights. A total of 7,392 future real estate were declared, the largest number of which are located in the Lviv region.

 

Separately, he emphasized that the API was created for real estate services, which allows you to check the presence of registration in SESCS and The State Register of Property Rights to Real Estate, "I hope that top services will use this opportunity. This tool will ensure transparency for everyone."

 

💻Oleksandr Goncharenko reminded that there is a series of thematic webinars on the SESCS YouTube page, and a landing system with useful materials about special property rights has been developed.

 

🗣️Also during the event, a list of requirements for disclosing information about the future real estate, in particular on the developer's website, and the prospects for the possibility of publishing this information in the SESCS were discussed.

 

The project manager of the TAPAS project noted that the expansion of the support service team and professional development are planned, which will shorten the time for processing appeals and solving problematic issues, "Currently, the standard for correcting a technical error is 5 days. If your question is not resolved - write a complaint to support. These appeals are processed separately."

 

💬"We will announce the nearest changes. There is a separate channel in which there will be announcements of updates and changes. If there is an error at some stage, we try to correct it as soon as possible", Oleksandr Honcharenko assured.

 

 

WE WILL WIN AND REBUILD EVERYTHING!💪

TOGETHER TO VICTORY! 

GLORY TO UKRAINE!💙💛