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Regulation on the use of information from the state registers and the State Cadastre PDF Print Email
Thursday, 17 January 2013

After the creation of a new unified State Register of Rights to Real Estate and charges (hereinafter - the State Register of Rights), the information into the new register is transferred from the operating - the Unified State Register of restraint on alienation of real property, the State register of mortgages, the State Register of Encumbrances of movable property and also use of data contains in the State Registry of ownership of Real property.

The Regulation of Ministry of Justice No 1844/5 dated on 14.12.2012, validates the use of data from these registers to the new one.

Information is used by the state registrar to determine the presence (or absence) of records and encumbrance of real property rights, including tax liens, during their state registration of rights in order to transfer them to the State Register of Rights and concideration of applications for the registration of abandoned property, and as application / request for information from the State Register of Rights.

The Regulation also reveals, the identifiers the state registrar (officer or notary) searches for information from the Registers and the form such information is received. Thus, the information processed in written, the registrar signed, stamped and attached to the appropriate accounting or registration file.

The registrar moves the information to the appropriate section of the State Register of Rights, crelating the object of real estate.

In case of considering the application of state registration of rights and their charges the registrar puts a record of such a charge in a special section of the State Register of Rights, and then on the basis of the decision on registration of the termination of encumbrance shall record such termination to the State Register of Rights.

Moreover, since the functions of the state registrar of the rights concerning land goes to Ukrainian State Registry Service (whose special subjects are notaries), they also use the information from the State Land Cadastre. Order and procedure of using such information is set up in the relevant Regulation of the Ministry of Justice No 1779/5/748 of 03.12.2012 year.

Information on the land is provided bz the State Land Agency though telecommunication channels using public information encryption and using digital signatures based on the corresponding file in the registrar's request within 3 working days from the XML-file receipt.

The policy establishes the structure and amount of information in the request and the actual details of the inventory.

The State Agency and the registrar ensure maintenance of electronic registers the request / response, the form of which is also determined by the Regulation.

 
Year 2013: Meet the Real Estate Taxation in Ukraine PDF Print Email
Thursday, 17 January 2013

According to the transitional provisions of the Tax Code of Ukraine, since January 1, 2013 a tax on real proberty, other than land is imposed. In this regard it is meant habitable, residential property.

Taxpayers are individuals and legal entities, both residents and nonresidents.

Particularly, not taxed homes are:

• residential properties, which are located in the exclusion zones and zones of mandatory evacuation, defined by law;

• family-type orphanage homes;

• residential properties owned by large families and foster families, bringing up three children and more (but not more than one such object per family);

• hostels

The tax base is residential property of individuals which is calculated by State Taxation Service based on data from the State Register of property rights to real property.

Moreover, according to Tax Code of Ukraine such a base for individuals decreases:

a) for the apartment - 120 sq.m. untaxed;

b) for the house - 250 sq.m. untaxed.

This means, i.e. if the area of ​​the apartment does not exceed 120 square meters, the tax is not charged, if, for example, the apartment has an area of ​​130 sq.m., the tax is payed on the 10 sq.m.

Moreover, this exemption is available 1 time per year and applied to one object - either where the person is registered, or at the option of the person to any other residential property, which it owns.

For legal entities such benefits has not been established.

The tax rates are set to village, town or city council, considering the following:

• For apartments, with living area of ​​less than 240 sq.m. and houses, with living area of ​​less than 500 sq.m., the tax rate can not exceed 1 percent of the size of min. salary set at 1 January of the reporting year;

• for apartments, residential area exceeding 240 square meters. meters, and houses, residential area exceeding 500 square meters. meters, the tax rate is 2.7 percent, the min. salary set at 1 January of the year.

The tax is paid by individuals against the decision of a notice of State Taxation Service at the location of real property within 60 days of receiving notice of the tax-solutions before July 1 of the year.

Taxpayers - legal entities must independently calculate the amount of tax as of January 1 of the reporting year and before February 1 submit the tax declaration, by division the annual amount of tax into equal shares for each quarter; the tax is paid quarterly through down payments.

 
No license for simple construction works PDF Print Email
Thursday, 17 January 2013

The planned changes to legislation can simplify management of construction (building) companies.
According  to the draft of the law of Ukraine "On Amendment the Law of Ukraine "On Architectural Activity" and "On licensing of certain types of economic activity" (concerning licensing activities in construction)” No 10131 dated 28.02.2012, the license in construction of architectural objects of I-III category of complexity is to be abolish.  

It is worth mentioning the features which refers the building to the category IV or V of complexity. Resolution of the Cabinet of Ministers of Ukraine No 557 of April 27, 2011 contains such features.

To IV-th category of complexity related construction projects that have at least one of the following indications:
a)designed for permanent residence for more than 300 persons and (or) periodic stay of more than 500 people;
b)constitute a possible threat to more than 10 000 people who are outside the object;
c) in case of failure or inability (inappropriate) operation:
- Can cause losses in excess of 15,000 times the minimum wage;
- May result in termination of the regional functioning of transport, telecommunications, energy and utilities
- Can lead to loss of cultural heritage of local importance.

To  V-th category of complexity related construction projects that have at least one of the following indications:
a) related to the high-risk object (according to the Law of Ukraine "On High risk objects");
b) designed for permanent residence for more than 400 persons and (or) periodic stay for over 1000 people;
c)constitute a possible threat to more than 50,000 people who are outside the object;
d)in case of failure or inability (inappropriate) operation:
- Can cause losses in excess of 150,000 times the minimum wage;
- May result in termination of the functioning of transport, telecommunications, energy and utilities of national significance;
- Can lead to loss of cultural heritage sites of national significance.

The adoption of this law, will improve and simplify the licensing system in the building (construction) field, as well as allow developers to perform construction work, but most difficult, without a license (the President hasn’t signed the draft yet).
However, it is not exempt from the need to obtain other permits required by law.

 


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