Compensation for destroyed housing: will someone who is not the owner receive assistance

After shelling, occupation and destruction of housing, many people were left not only without a roof over their heads, but also without a legal way to prove that this housing was theirs. For some, the apartment is not registered for him, because it belongs to his parents, for some, the inheritance has not yet gone through the notary, and some have lived in their brother’s or aunt’s house all their lives, without thinking about formalities. Now everything is destroyed. And the question arises: does such a person have the right to compensation? Can you get a refund for a property that is not legally yours but was actually your home?

To find out, the editors of IA “FACT” turned to the lawyers of the “Repeshko and Partners” bar association, who explained how to act in such cases, what evidence is important and what can be done when documents are either lost or were never there.

Before the full-scale hostilities on the territory of Ukraine in 2022, many generations of Ukrainians lived in residential buildings and apartments without having properly executed legal documents for this real estate. In our practice, there were quite a few cases when individuals requested to issue the right of ownership of real estate, which unfortunately had already been destroyed as a result of the rocket’s arrival, but for which there was no document, since, for example, it was self-constructed. Of course, it is very painful and regretful for people on the one hand, on the other hand, citizens have not learned how to do everything ahead of time, as a result of which there are a lot of problems.

In turn, we would like to point out that in some cases it is possible to issue ownership rights to the property – if it is an inheritance, and in some cases it is not – as it is spontaneous construction. The fact is that one of the stages of document preparation and registration of ownership is the production of a technical passport for housing and the entry of data into the register of construction activities, and only then, on the basis of the specified data, into the State register of ownership of immovable property. The absence of the subject of the survey due to the destruction and any documents in the official structures for this property also makes it impossible to register the right of ownership. However, not only the owners of independent construction are affected. Not widespread enough, but still has a place and is home to many families, official housing, dormitories, etc.

It should be noted right away that currently the national program “eRecovery” provides for compensation for damaged or destroyed housing as a result of the war exclusively for its owners – natural persons, citizens of Ukraine.

Non-homeowners will soon be able to receive compensation for destroyed housing by using the international compensation mechanism and applying to the international Register of Damages. The specified register is already working on the Diya portal at the link – https://diia.gov.ua/services/categories/gromadyanam/reparatsii-mizhnarodnyi-reiestr-zbytkiv But the section is category A.3.3. “Loss of housing or place of residence” is not yet open, but is only being prepared. That is why we are drawing your attention now, so that all affected people can prepare for submitting the appropriate application.

Applications in category A3.3 may be submitted by persons or on behalf of persons who lost housing or residence on the territory of Ukraine within its internationally recognized borders, including its territorial waters, on or after February 24, 2022, as a result of internationally illegal actions of the Russian Federation in Ukraine or against Ukraine. For the purposes of this category, “dwelling or residence” means a place that is the home of the Applicant.

Applications in category A3.3 are submitted for the fact of loss of housing or residence, including the related loss of ordinary personal belongings, as well as costs incurred to provide a new housing or residence, including moving costs.  Claims for personal items that are of exceptional value or are rare can be submitted in category A3.7 – Other economic losses. Applications for damage or destruction of residential immovable property are submitted by the owners of such property in category A3.1 – Damage or destruction of residential immovable property.

The decision on whether your application can be included in the Register will be made by the Board of the Register. Such a decision does not mean that the claim has been considered or evaluated on its merits, or that any compensation has been awarded or that any payment should be made to you. The merits of the application and the award of any compensation will be handled by a future compensation mechanism that has yet to be established. At the same time, all applications will be submitted using Application Forms approved by the Registry for each application category. You will be informed about the Registry’s decision in the established manner through the Action.

To confirm the application to the registry, you will need to provide certain information and evidence to support the application. Some information will be taken from various existing electronic sources.  You will be able to submit additional information and upload files with evidence in support of the application in compliance with the technical requirements of the registry.

Note that it is not necessary to complete the entire application at once. You can save the draft application and fill it out later. By submitting an application, as well as the evidence and information provided in support of the application, you confirm that it accurately reflects your identity as an Applicant, your citizenship, your right to apply and the content of the application.

The application will contain the following items to be filled in, but not exclusively:

• Personal data (full name, gender, date of birth, identity document/passport number, registration number of the taxpayer registration card of Ukraine, unique entry number in the Unified State Demographic Register of Ukraine, registered place of residence of the Applicant, current address of actual residence of the Applicant, e-mail address, whether the Applicant was convicted of a crime in connection with Russian aggression against Ukraine, whether the Applicant is subject to sanctions or other equivalent restrictive measures imposed by a government or international organization;
• Information about the destroyed dwelling: type of dwelling or place of residence (apartment/house/other), address of the dwelling or place of residence, geographical coordinates of the dwelling or place of residence, area of ​​the dwelling or place of residence, number of rooms, floor of the dwelling or place of residence (for apartments), number of people living in the dwelling, information about the building/structure;
• Information about the legal relationship with the lost housing: the legal basis of the Applicant’s residence (i.e. ownership of real estate, lease agreement or other), whether the Applicant is registered (was registered) in the lost housing or place of residence, the date when residence began, information about roommates (person, relationship with roommates, etc.), confirmation of the fact of residence, information about ownership from the State Register of Real Property Rights in Ukraine (if available);
• Event(s) that led to loss of housing or residence: type of event, date of event, description of event, confirmation of loss of housing or residence;
• Residence after moving: the address of the new place of residence after moving, if it is different from the current address, the geographical coordinates of the new place of residence or place of residence;
• Amount of the Application claim: estimated amount of the Application claim, details of the estimated amount of the Application claim, amount and evidence of moving expenses (if available), amount and evidence of expenses for a new home or place of residence (if available)
• Other legal proceedings: information about relevant court cases or law enforcement investigations (if available);
• Additional evidence: additional evidence.

So, who will directly have the right to appeal and compensation under category A.3.3. “Loss of housing or residence”? These are housing users, not owners (there are other categories and mechanisms for them), among others, such as:

• residents of dormitories, other housing subject to privatization, who lived in this housing, but did not privatize their premises, because they did not have the opportunity or did not complete the privatization procedure;
• persons who lived in housing provided for the performance of official duties;
• persons who lived in social housing provided by the state or local authorities;
• tenants or persons who have lived for a long time in a residential building that does not belong to them;
• persons who have lived in the apartment for a long time and for one reason or another did not legalize their ownership (for example, the second spouse, cohabitation without marriage registration);
• heirs who, after the death of the testator, continue to use housing, but for various reasons did not issue the right of ownership and the local self-government body did not recognize the inheritance from the deceased person;
• persons who have lived in self-built houses for a long time, but have not started or completed the procedure for their legalization;
• housing users who purchased it, received it as a gift, inheritance or otherwise acquired ownership of housing, but for various reasons did not issue the relevant documents in accordance with the law, for example, without observing the notarial form and registration established by law, for example (receipt, oral contract (agreement), etc.).

An approximate list of documents that would confirm the right to live in the destroyed property, which will need to be provided, is as follows: an order for occupancy, a contract for the use (lease) of housing, an order, order, etc., a certificate from a condominium or cooperative, written confirmation of other family members living together in this housing, correspondence, correspondence for a long time at this address, payment of utilities. There is no exhaustive list.

In this category, ordinary household items that are necessary for living and that are usually used by residents of the dwelling (furniture, appliances, things, etc.) can also be claimed for loss compensation. Please note that this category will not include compensation for expensive items, such as money, jewelry, antiques, etc.

A form in category A 3.7 will be developed for the reimbursement of valuables. By the way, owners of damaged or destroyed residential property will be able to apply simultaneously for compensation for damaged or destroyed housing, and for household items that were in this premises.

The specified list of information is indicative, but it already allows you to understand exactly what information and documents need to be collected for filing an application in the future. Last year, it was promised that the Register would be fully opened for submitting applications for all 40 categories, including A.3.3. is planned for April 2025.