Privatisation of a flat

On 15 February 2026, the Law ‘On the Basic Principles of Housing Policy’ (No. 4751-IX) came into force. It repeals the Housing Code of the Ukrainian SSR and the Law ‘On the Privatisation of the State Housing Stock’, under which people had been able to register their homes as their own property free of charge for over 30 years. The provisions on the termination of free privatisation will come into effect one year after the termination or repeal of martial law.

What this means in practice: privatising a flat is still free of charge today, but the window of opportunity is closing. Anyone who misses the deadline will remain a tenant: they can continue to use the property, but cannot sell it, gift it or pass it on as an inheritance. And there are already queues at the archives, as some documents are unavailable or need to be restored.

We provide a turnkey privatisation service: we verify title, restore lost ownership certificates and technical passports, prepare the documentation, and if the privatisation authority refuses your application, we challenge the refusal in court.

+38 095 554-54-24 — legal advice

Who is entitled to privatise their home

Ukrainian citizens who lawfully reside permanently in state or council housing — under a tenancy order or a tenancy agreement — are entitled to do so. Alongside the tenant, this right is exercised by all family members registered at that address, including minor children.

The area is transferred free of charge in accordance with the sanitary standard: 21 m² per tenant and per family member, plus 10 m² per family (Article 3, paragraph 5 of Article 5 of Law No. 2482-XII). For a family of three, this amounts to 73 m² — meaning that most standard flats fall entirely within the standard.

If the flat is larger, the excess is subject to a surcharge. The surcharge is 18 kopecks per square metre; in practice, this is a formality rather than a real expense. Eligible groups (large families, veterans, and people with disabilities in Groups I and II) receive the excess floor space free of charge.

The right to free privatisation may be exercised only once. An important exception: if you took part in privatisation whilst still a minor, you retain the right to privatise your home again once you reach the age of 18. This is the nuance that has led people for years to mistakenly believe that they ‘have already used up their right’.

What cannot be privatised

The following are not subject to privatisation (Article 2 of Law No. 2482-XII):

• apartment-museums;
• housing in zones subject to unconditional and compulsory resettlement following the Chernobyl disaster;
• staff flats — a separate category which most often gives rise to legal disputes;
• emergency accommodation;
• flats within the territory of closed military settlements, enterprises and institutions;
• rooms in halls of residence — these are privatised under a separate law (No. 500-VI), with a different procedure and its own restrictions.

It is worth checking the status of the property before spending money on a technical certificate and other documents. This is the first thing we do during a consultation.

When you don’t need a solicitor, and when you can’t do without one

If all the documents are in order, the occupancy certificate has been retained, all registered adults consent and no one has ‘disappeared’ — it is genuinely possible to complete the privatisation process independently via the Administrative Services Centre. This is a normal situation, and we will be honest about it.

You need a solicitor when:

• the title deed has been lost or was never in your possession;
• one of the registered occupants refuses to give consent or has been out of contact for years;
• the property has official accommodation status or is on a company’s balance sheet;
• there are discrepancies in the documents — the floor area in the technical passport does not match the register, errors in surnames, or outdated house numbering;
• the privatisation authority has refused — either in writing or de facto, by delaying the consideration;
• the property in question is a room in a hall of residence;
• documents need to be restored from archives, some of which are inaccessible.

Procedure for privatising a flat

1. Verification of entitlement. Whether the property is eligible for privatisation, whether the right has been exercised previously, and which of the registered occupants must be involved.
2. Compiling the set of documents — an application, passports and tax identification numbers (RNOKPP) of all participants, a tenancy order or lease agreement, a certificate of family composition, certificates from previous places of residence after 1992 confirming that the right to privatisation has not been exercised, and the technical passport.
3. Consents. The transfer of the property is carried out with the written consent of all adult family members, including those temporarily absent, who retain the right to the property (Article 8(2) of Law No. 2482-XII). For children aged 14–18, notarised consent is required. If at least one person refuses, the procedure is suspended and the matter is resolved either through negotiation or in court.
4. Submission of an application to the privatisation authority — in Kyiv, these are the privatisation departments of the district state administrations and the Centre for Administrative Services (CAS).
5. Consideration of the application — up to one month (Article 8 of Law No. 2482-XII). The decision is made solely on the basis of the documents submitted; therefore, an incomplete set of documents will result in a refusal or endless revisions.
6. Certificate of ownership and state registration of the right in the State Register of Real Rights — via the Administrative Service Centre or a notary. Without this step, privatisation is not legally complete: you cannot yet dispose of the property.

The actual timeframe, provided all documents are in order, is 1–2 months. If you need to restore the occupancy certificate or obtain a technical passport, it takes 2–4 months. A court appeal against a refusal adds a further 4–8 months.

Privatisation without a tenancy certificate

The most common issue we encounter in our practice. The absence of a tenancy certificate does not in itself deprive you of the right to privatisation — it merely makes it more difficult to prove that you moved in lawfully.

The right to use the property is confirmed by:

• a tenancy agreement for the residential premises;
• a certificate of residence registration;
• an extract from the household register or building register;
• archival documents from the local authority or the balance sheet holder — a decision to allocate the property, the order stub;
• details of utility bill payments for the entire period of residence.

We submit legal requests to archives, the Bureau of Technical Inventory (BTI) and asset managers. If the documents have not been preserved at all, the fact of residence is established through the courts — and privatisation is then carried out on the basis of the court’s decision.

Refusal of privatisation: what to do

Firstly, demand a written refusal stating the grounds. A verbal response such as ‘you don’t have an occupancy order, come back later’ is not a decision and cannot be appealed — yet the deadline is ticking away.

There are then two options:

• rectify the shortcomings — if the reason is an incomplete set of documents;
• appeal — if the refusal is unlawful. This is an administrative claim brought before the district administrative court. The court fee for an individual in a non-property claim in 2026 is 0.4 times the minimum subsistence level, i.e. 1,331.20 UAH.

Inaction on the part of the privatisation authority (an application has been submitted, a month has passed, and no decision has been made) can also be challenged — and the court may order the authority to make a decision.

What we do

1. We check eligibility for privatisation — for each registered property, taking into account previous privatisation cases and participation in them during childhood.
2. We analyse the property — to ensure it does not fall into categories that cannot be privatised.
3. We retrieve documents — through solicitors’ requests to archives, the Bureau of Technical Inventory (BTI) and balance sheet holders; we order a technical passport.
4. We prepare the application package and submit the application — on behalf of the client, under a power of attorney, without them having to queue.
5. We mediate between relatives if anyone refuses to give their consent.
6. We challenge the privatisation authority’s refusal or inaction in court.
7. We register the title and hand over the complete set of documents to the client.

Cost of services

The price depends on whether documents need to be restored, how many people are registered, whether there is a dispute between relatives, and whether the matter will go to court.

The following are charged separately: technical certificate, archive certificates, notarised consents, administrative fee for state registration of ownership rights, and court fees — should the case go to court.

Full price list

Questions and answers

How much does the privatisation itself cost?

The transfer of a flat into private ownership is free of charge up to a limit of 21 m² per person plus 10 m² per family. Any excess area is charged at 18 kopecks per square metre. The actual costs involve the technical passport, certificates, notary fees and registration of ownership.

Until what year can an flat be privatised free of charge?

There is no exact date. Law No. 4751-IX abolishes free privatisation one year after the termination or lifting of martial law. In other words, the deadline is tied not to the calendar but to an event — which is precisely why postponing it is risky.

What happens if you don’t manage to privatise in time?

The property will remain state-owned or municipally-owned. You will be able to live there, but you will not be able to sell it, gift it or bequeath it. Heirs will only be granted the right of residence, and even that is not guaranteed.

Can you privatise a flat without a tenancy order?

Yes. The right of use is confirmed by a tenancy agreement, a registration certificate, archive documents or an extract from the house register. If the privatisation authority refuses, the matter is resolved through the courts.

What should you do if one of the registered occupants objects?

Privatisation is only possible with the written consent of all adult family members, including those temporarily absent. Anyone who does not wish to be a co-owner can draw up a notarised waiver of participation — in which case the others can privatise the property. However, if a person is simply blocking the process, negotiations or court proceedings will be required.

I privatised a flat when I was a child. Can I do it again?

Yes. If you were a minor at the time of privatisation, you retain the right to privatise the property free of charge once you turn 18. This is a common situation, and it is one that people are most often unaware of.

Can a service flat be privatised?

As a general rule, no — service accommodation is excluded from the list. However, ‘service’ status is sometimes granted in breach of the rules or has already been lost; in such cases, it is contested, and once the status is revoked, privatisation becomes possible. This is a matter for the courts.

How long does privatisation take?

Consideration of the application by the privatisation authority takes up to one month. Taking into account the time needed to gather documents, the actual timeframe is 1–2 months; if the occupancy certificate or technical passport needs to be reinstated, it takes 2–4 months.

Can a room in a hall of residence be privatised?

Yes, but under a separate law (No. 500-VI) and following a different procedure — this depends on who owns the hall of residence and whether it has been transferred to municipal ownership. A lawyer is almost always required here.

What documents should I bring to the consultation?

The title deed or tenancy agreement, passports and tax identification numbers (RNOKPP) of all registered occupants, a certificate of family composition, the technical passport (if available), and a written refusal from the privatisation authority (if you have already received one).

Contact a privatisation lawyer at Svarog

Explain your situation during the consultation — we will check whether your property is eligible for privatisation, whether the right has been exercised previously, which documents are missing, and how long the procedure is likely to take. If privatisation is not possible, we will let you know straight away, before you start spending money on certificates.

+38 095 554-54-24 · Kyiv, 7 Khoriva St, Office 2 (Podil) · Mon–Fri 9.00–18.00