The house has been destroyed, and the documents are lost: how to prove your right to housing

Mr. Serhii’s house in the Kupiansk District of Kharkiv Oblast was destroyed as a result of hostilities. He was evacuated from his community and was unable to independently file a claim for compensation for the destroyed dwelling with the State Register of Real Property Rights (DRRP).

Serhii approached the state registrar to register his ownership rights but was denied. The refusal was explained by the fact that the building housing the Kupianske BTI municipal enterprise had been destroyed, the archives were lost, and the submitted documents did not allow for confirmation of ownership. They also noted inconsistencies with existing entries in the registry.

Serhii sought free legal aid from the organization “Caritas Kharkiv,” and lawyer Iryna helped him sort things out: ownership of the house is confirmed by a purchase and sale agreement. However, this agreement existed only in paper form and had not been entered into the electronic registries. In such a situation, only a court decision can serve as the basis for registration in the DRRP.

The lawyer helped gather the necessary evidence, prepared a petition for recognition of ownership, and assisted Mr. Serhii throughout all stages of the court proceedings, as well as after the decision was issued.

The court recognized his ownership of the residential house, after which this right was registered in the State Register of Real Property. This allowed him to file a claim for compensation for his destroyed home.

The village where Mr. Serhii lived is located in an active combat zone. Thanks to changes in the law regarding remote inspections of damaged property, he gained a real opportunity to claim compensation.

The charitable organization “Caritas Kharkiv” provides free legal aid to war victims in cooperation with the Danish Refugee Council (DRC), thanks to financial support from the European Union.