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The registration department explained the nuances of providing information on property owners in the city of Kharkov.
As reported today, April 15, the Director of the Registration Department Oleg Drobot, recently in the city council addressed initiative groups of citizens with a request to provide information about all the owners of apartments, residential and non-residential premises in their homes. This is a reform in the housing and communal services sector, according to which, before July 1, 2016, co-owners of multi-apartment buildings must choose one of the two forms of servicing the dwelling house envisaged by this law - in the form of a condominium or a hired management company. Therefore, when tenants intend to create a condominium, they request relevant information.
As explained by Oleg Drobot, the Law of Ukraine "On the peculiarities of the exercise of property rights in an apartment building" really provides for the right of owners of apartment buildings to receive free information about all the co-owners of the house. But, the director of the department emphasized, this information is provided exclusively in the order and within the limits provided by law. To date, the procedure for obtaining such information is regulated by a resolution of the Cabinet of Ministers of December 25, 2015, according to which every citizen can obtain information from the State Register of Real Rights to Immovable Property. There are two ways to do this. The first one is to apply to the Kharkiv City Administrative Service Center, and within 12 hours after the application, the employees of the CCPA and the Registration Department must process this request and provide relevant information. The second way is to go to the website of the Ministry of Justice of Ukraine and, having issued an electronic request, to obtain the necessary information.
In addition, according to Oleg Drobot, the initiative groups are also often asked to provide information from the paper archives of the Kharkov City Bureau of Technical Inventory. But for the time being, the provision of such information is not provided by law. Therefore, the Kharkov City Council and its structural units in such appeals are guided by the Law of Ukraine "On the protection of personal data" and explanations of the Constitutional Court of Ukraine, according to which information on the property status of the person and his property is confidential and is not subject to disclosure, unless the person gave consent to this . That is, in this case, the Kharkov City Council stands on the protection of the rights of Kharkiv citizens who did not consent to the disclosure of this information.
"The registers are public and open. The electronic register of rights to real estate has been in Kharkov since 2003. Indeed, some of the information that is not in this register is contained in the paper archives of the BTI. But the provision of such information by law is not provided. At the same time, this information can be obtained simply by hanging a corresponding announcement at the entrance, and if most people in the house really want to create an initiative group, then they will provide this information about themselves, "Oleg Drobot noted.
To resolve this issue, the Kharkov City Council sent an appropriate appeal to the Cabinet and asked to clarify the procedure for providing information about the owners of real estate. To resolve this issue, the government will need to initiate the adoption of a law or adopt an appropriate resolution that will regulate this order.