Privatisation of housing during martial law in Ukraine

Martial law does not repeal the current rules of free privatization. Local self-government bodies and custodians (balance-holders) continue to receive and review applications, issue directive acts and transfer housing into citizens’ ownership. In practice, organizational delays may occur (limited access to archives, disruptions in the work of the BTI/notaries/registrars), but the legal possibility to privatize housing remains.

Important. If in the settlement a military administration has been established, it manages communal property, but does not have powers to decide on its disposal, including privatization. Relevant decisions on privatization of communal property by military administrations are not adopted. The same restriction applies to district and regional military administrations concerning objects of communal ownership of territorial communities.

Let's consider the standard situation of privatizing an apartment or a house from the state/communal fund

In such a situation the object of privatization is an apartment or a residential house that belongs to the state or the community.

Who has the right to privatize

• Citizens of Ukraine who lawfully occupy housing from the state/communal fund on the basis of a hire-contract or an order (hereinafter – Tenants) and have not used the right to free privatization previously.
• Family members of the tenant – with the consent of all adult persons living and registered in the premises (including minors, in the interest of whom legal representatives act).

Which housing is subject to and not subject to privatization:

Can be privatized:

• apartments;
• houses of the state/communal housing fund;
• residential premises in dormitories (under the conditions of the law on dormitories).

Not subject to privatization:

• official/service apartments;
• premises deemed emergency housing;
• housing in sanatoria / boarding houses;
• other specialised housing (the full list is in the law and subordinate acts).

For free privatization a sanitary norm of housing applies – 21 sq.m of total area per each registered resident + 10 sq.m for the family. If the total area is larger – the difference is paid according to the methodology.

How to submit an application for privatization during martial law: step-by-step algorithm

1. Before submitting the application the applicant must verify that in the community no military administration has been established for the settlement.
2. Check the right: whether the free privatization right has not been used; whether the housing is not official/specialised. For this you may contact the Centre for the Provision of Administrative Services (CNAP).
3. Assemble the package of documents (typical): application; copies of passports and TIN (RNOKPP) of all co-residents; a document confirming the basis of residence (order/hire-contract, etc.); certificate of persons registered in the dwelling; technical passport; certificate of the balance-holder; consents of adult co-residents; certificate-calculation on “excess” square metres etc.
4. Apply to the authorised body: the privatization department at the executive committee of the council / CNAP or the balance-holder agency (for “departmental” fund).
5. Obtain the decision on privatization (issued by the authorised body / balance-holder).

After obtaining the relevant document (certificate/order/decision) you need to carry out state registration of the ownership right in the State Register (DRRP) (via CNAP or the “Diia” portal).

Let's consider the special procedure for dormitories

The exercise of the right of privatization of premises in dormitories is carried out under a separate procedure provided by the Law “On ensuring the implementation of housing rights of dormitory residents” (the Law). It is designed to take into account the specifics of dormitories in which there are: rooms, common kitchens and sanitary facilities, separate balance-holder (enterprise, educational institution, establishment), often no “apartments” as objects. This Law gives dormitory residents an opportunity to freely acquire in ownership their residential premise (room/block) and a share in common premises.

Key features of the special procedure:

Who has the right

Citizens who lawfully live in a dormitory (on the basis of an order/hire-contract/settlement contract) and meet the conditions of the law (absence of other housing in ownership; compliance with the dormitory status requirement). Historically there was a residence-period condition, but its application depends on the version and transitional provisions — check the current text and the local Regulation.

Which dormitories qualify

Primarily those that were on the balance of state or communal enterprises and are subject to transfer to communal ownership, or have already been transferred.

Preconditions

The local self-government body adopts a Regulation on implementation of the rights of dormitory residents, establishes a commission, conducts inventory, clarifies the legal status of the building and its transfer into communal ownership (if not yet transferred), prepares technical documentation for rooms or blocks.

What specifically is privatized

A room (or block) as a separate residential premise and an ideal share in the common property (corridors, kitchens, sanitary facilities, roof etc) — proportionally to your room’s area. The law explicitly allows the privatization of rooms.

Who makes the decision

The commission / executive committee under the local Regulation, on the basis of the resident’s document package. The decision is the basis for state registration of the ownership right.

Payment

The transfer is typically free of charge, except for expenses of technical and registration works (preparation of the technical passport, administrative registration fee).

Typical steps under the special dormitory-privatization procedure

1. Verify the existence of a military administration (MA). If an MA has been established in the settlement, decisions on privatization of communal property are not adopted.
2. Check the status of the building: whether the dormitory qualifies under the Law; who is the owner / balance-holder; whether there is a decision on transfer into communal ownership.
3. Clarify the local Regulation and commission composition (the Regulation determines the document package, deadlines and other rules of application submission and review).
4. Collect the package: application, document on lawful residence (order/settlement or hire-contract), certificate of family composition, confirmation of absence of other housing in ownership, technical materials (if needed – prepare), copies of applicant’s identity documents and TIN etc.
5. Submit the application and documents to the commission. Obtain the decision on transfer into ownership.
6. Register the ownership right in the State Register (DRRP)(via CNAP or the “Diia” portal).

Note: the object of the ownership right in this case will be the “residential premise (room)” and a share in common parts.

Important limitations/nuances

• Student and service-dormitories are typically excluded from privatization.
• Buildings in emergency condition or subject to reconstruction/demolition — are outside the procedure until the fate of the building is resolved.
• If the owner (private / state enterprise) fails to transfer the dormitory into communal ownership in violation of requirements, administrative-legal and judicial mechanisms for enforcement or protection of residents’ rights are possible. As a rule, this issue is resolved in court.

Common errors and risks

• submitting documents without the consent of all adult co-residents;
• ignoring the status of service housing;
• incorrect calculation of the free-norm area and additional payment;
• submitting an incomplete document package for housing of a departmental fund (where the owner is a state enterprise/establishment).

What may change in the near future

On 16 July 2025 the Verkhovna Rada of Ukraine adopted in principle draft law No. 12377 “On the basic principles of housing policy”. Among the expected innovations — cessation of free privatization after the law takes effect (the draft provides a transitional period), as well as new rules on service housing, an electronic housing queue and unification of registers. Until the law is adopted in full, the current procedure remains in force. Follow the further review and transitional provisions.

If you need consultation or assistance with matters related to registration of the ownership right via the “Diia” portal or through CNAP, you may book an online consultation with a lawyer via the link.

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This informational material was developed within the project implemented by NGO "STEP" in cooperation with the Danish Refugee Council (DRC) and funded by the European Union’s Civil Protection and Humanitarian Aid Operations. The views and opinions expressed are those of the author(s) and do not necessarily reflect those of the European Union or DRC. Neither the European Commission nor DRC can be held responsible for any use which may be made of the information contained herein.