How are pre-trial disputes about the state registration of real estate considered?

A procedure for consideration of complaints and applications related to the state registration of the rights of citizens and business entities on real estate has been approved, Norma reports.

It should be recalled that introduction of an independent mechanism for the pre-trial resolution of such disputes is provided for by a resolution of the Cabinet of Ministers dated December 29, 2018.

Appeals of persons are considered free of charge by permanent commissions at territorial state enterprises of land management and real estate cadaster, consisting of at least 5 people. They examine applications and complaints arising from the recognition and confirmation of the occurrence, transfer and termination of real estate rights. Disputes already considered in court are not accepted.

On the address line the individual indicates full name and residential address, and legal entity – the complete name and location (mailing address). Without this information, or if they are false, or if a signature is absent, the application is considered anonymous and is not subject to review. Upon request, an e-mail address, telephone and fax numbers, location of the property, references and documents related to the object of the dispute should be provided.

The commission is obliged to consider the appeal within 10 days from the date of its receipt. The study takes place without participation of the interested person.

According to the results of consideration, the commission by a majority vote takes one of the following decisions on the need:

• cancellation of the decision on state registration of the right to real estate;

• cancellation of the decision on refusal of state registration of the right to real estate and implementation of state registration of such a right;

• upholding the decision on state registration of the right to real estate;

• upholding the decision to refuse to state registration of the right to real estate.

On the basis of the decision made, a conclusion is drawn up in 3 copies, one of which is sent to the applicant. Reconsideration of the dispute is allowed when new circumstances arise regarding the right to the property.

In case of disagreement with the decision made, a person within 10 days from the moment of receiving the conclusion has the right to apply to the Appeal Commission, created by the chairman of the State Land Committee. Following the results of the consideration of the appeal (no more than 10 days), the commission makes a decision on the cancellation of the opinion or on leaving it in force.