The mechanism for receiving compensation for destroyed housing (answers to the most frequently asked questions)

The mechanism for receiving compensation for destroyed housing (answers to the most frequently asked questions)

What are the regulatory and legal acts governing it?

1) The Law of Ukraine “On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by Armed Aggression of the Russian Federation against Ukraine, and the State Register of Property Damaged and Destroyed as a Result of Hostilities, Terrorist Acts, and Sabotage Caused by Armed Aggression of the Russian Federation against Ukraine”

2) Resolution of the Cabinet of Ministers of Ukraine dated May 30, 2023 No. 600 “On Approval of the Procedure for Providing Compensation for Destroyed Real Estate Objects”.

Who is entitled to receive compensation?

The owner of the destroyed housing, provided that the ownership right to the housing is registered in the State Register of Property Rights to Real Property and confirmed by relevant information from it.

Is it possible to receive compensation if the owner of the housing is a minor child?

Yes, if the owner of the real estate object is an incapacitated person, a person whose legal capacity is limited, or a person who has not reached the age of 18, the application for compensation is submitted by one of his legal representatives.

Is it possible to receive compensation if the housing is owned by two or more people?

Yes, if the destroyed housing is in joint ownership, the application for compensation can be submitted by each co-owner separately or by one of the co-owners of such an object. An application submitted by one of the co-owners is considered submitted by all co-owners in the absence of objections from the other co-owners.

In this case, the amount of compensation for housing that is jointly owned by two or more compensation recipients is determined in proportion to the size of the share owned by the respective co-owner.

How to apply for compensation?

The owner of the destroyed housing can submit an application for compensation for the destroyed real estate object in electronic form. This is done using the tools of the Unified State Web Portal of Electronic Services, in particular the mobile application of the Portal Diya.

What are the options for receiving compensation?

Compensation for the destroyed real estate object is provided by:

1) providing funds by transferring them to the current account of the compensation recipient with a special use regime for financing the construction of a manor-type house, garden or summer house. Such an account is opened in the name of the compensation recipient. The procedure for opening and maintaining such accounts is determined by the National Bank of Ukraine;

2) financing the purchase of an apartment, other residential premises, a manor-type house, a garden or summer house (in particular, financing the purchase of such premises/house to be built in the future, or investing/financing its construction) using a housing certificate.

Is it possible to appeal the decision to refuse to provide compensation?

Yes, in case of disagreement with the Commission's decision to provide/refusal to provide compensation, in particular with the amount of compensation, the applicant has the right to file an objection with the authorized body (i.e. the body authorized to approve the Commission's decision) within five calendar days from the date of the Commission's decision. Objections must be considered and taken into account by the authorized body when resolving the issue of approving the Commission's decision, which must be noted in such a decision of the authorized body.

And the decisions of the authorized body can be appealed in court.