How to Restore Lost Real Estate Title Documents in Ukraine: Step-by-Step Guide

Loss or damage to real estate title documents can be difficult, but the situation can be resolved. Instructions on how to restore documents based on the materials of Free Legal Aid.

Where to get duplicate real estate documents?

As a general rule, duplicate documents are issued by the same authority that issued them. The main documents confirming the ownership of real estate include

• sale and purchase agreement
• gift agreement;
• exchange agreement
• certificate of ownership;
• certificate of inheritance.

In order to obtain a duplicate copy, you must submit a written application in person or through a representative (by power of attorney) to the relevant authority.

In accordance with the Law of Ukraine"On Notaries", if a document was certified by a notary or an official of a local government body, a duplicate can be obtained through the state notary archive or the relevant notary. If the document was registered in the Inheritance Register or the Unified Register of Powers of Attorney, duplicates must be registered in these systems.

If it is not known who issued the document, the necessary information can be obtained through the State Register of Real Property Rights.

How to restore real estate documents issued before January 1, 2013?

Documents issued before January 1, 2013 may not be listed in the State Register of Real Property Rights. In this case, you should

contact the Bureau of Technical Inventory (BTI) or the notary who certified the document;

submit a request to the archive of the local council or regional state administration;

in case of absence of information, obtain an extract from the State Land Cadastre or the Register of Real Estate Ownership Rights.

If the registration was carried out in paper form (register books, registration files), confirmation can be found in the archives of the BTI.

How to restore documents issued after January 1, 2013?

Documents issued after 2013 have already been entered into the State Register of Real Property Rights. If you lose your documents, you should contact a notary or state registrar to obtain an extract from the register. This extract confirms ownership without the need to obtain duplicate paper documents.

How to restore documents in court?

If it is impossible to obtain a duplicate through the BTI, a notary, or local authorities, you can go to court. Litigation is possible in the following cases:

• recognition of ownership of real estate;
• establishing the legal fact of property ownership;
• requesting title documents from other persons (for example, if the document is kept by an heir who refuses to provide it).

The court decision becomes the basis for the registration of ownership through a notary or state registrar. If the court has previously issued a decision on ownership and the document is lost, you can apply to the court of first instance for a reissue of the decision.

What documents are required to restore title documents?

To obtain a duplicate, you need to prepare:

• Passport and TIN of the owner;
• A copy of the lost document (if any);
• Extract from the State Register of Property Rights (if the document was registered);
• Certificate from a notary or BTI (in case of absence of information in the register);
• Police report (if the document was stolen);
• Announcement of the loss in the media (if necessary).

Ігор Льов