Compensation for damaged non-residential premises: a new category has been opened in the Register of Damages

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The Damage Register has opened a category for submitting claims related to damage or destruction of non-residential real estate. Ukrainians will be able to report the destruction of offices, garages, warehouses, etc.

WHO CAN REPORT DAMAGE OR DESTRUCTION?

Category A3.2 "Damage or destruction of non-residential real estate" is intended for owners of damaged buildings that were not used for living. This includes garages, parking spaces, office, warehouse and utility rooms, etc.

They can apply for reimbursement:

• the value of the destroyed property;

• the cost of repairing damaged property.

You can also report damaged or destroyed non-residential property located in the temporarily occupied territory of Ukraine.

HOW TO APPLY

An application can only be submitted for buildings that were damaged after February 24, 2022.

To apply, you must provide:

• proof of ownership;

• materials confirming that the damage occurred as a result of war.

One of the possible ways to confirm ownership is a corresponding entry in the State Register of Real Property Rights to Real Estate of Ukraine (SRPR). In addition, you can provide:

• court decision recognizing ownership of property;

• certificate of inheritance, contract of sale, donation or exchange;

• extracts from the State Register of Transactions, provided by a notary;

• certificate of ownership or documents from local technical inventory bureaus;

• technical passports of real estate objects;

• documents from local authorities confirming ownership;

• written statements from neighbors, representatives or heads of local housing and communal services, management companies, or other people who can confirm ownership;

• tax reporting documents, etc.

WHAT IS A LOSS REGISTER?

The International Registry of Damages Suffered by Ukraine due to Russian Aggression (RD4U) was created to collect applications for compensation for losses, damage or losses. Anyone who has suffered from the war – both individuals and legal entities – can submit an application.

After submission, each application is checked for compliance with the specified requirements. If everything is in order, it is entered into the Register. In the future, this information - along with evidence - will be transferred to the compensation commission, which will make a decision on compensation.

Opening the Register is just the first step. Next, a commission will be formed to determine the amount of compensation. It is expected that an international agreement on the creation of the commission will be signed by the end of this year. And later, a compensation fund will be created from which money will be paid to the victims.

The mechanism for compensation for the losses caused by Russia, which Ukrainians declare in the Register of Losses, has not yet been determined. Frozen Russian assets are being considered as one source of compensation.

HOW MANY CATEGORIES HAVE BEEN OPENED FOR COMPENSATION?

In addition to the new category for non-residential property, Ukrainians can submit applications in the following areas on the "Diya" portal:

• Damage or destruction of residential real estate.

• Forced internal displacement.

• Death of a close family member.

• The disappearance of a close family member.

• Serious bodily injury.

• Sexual violence.

• Torture or inhuman or degrading treatment or punishment.

• Deprivation of liberty.

• Forced labor or service.

You can find the necessary category and submit an application on the "Diya" portal.

They also plan to start accepting applications from legal entities and government institutions that have also suffered losses.

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