Removal from the register of residence in 2026: the services centre and the courts

There are two ways to remove someone from the register of residence. If they agree — by application to the registration authority or an administrative services centre, with an administrative fee of 49.92 UAH in 2026. If they do not — only by a court judgment on loss of the right of use, eviction or deprivation of ownership; the court fee for such a claim by an individual is 1,331.20 UAH.

On 15 February 2026 the Housing Code of the Ukrainian SSR ceased to have effect under Law No. 4751-IX “On the fundamentals of housing policy”. For residence registration disputes this changed nothing essential: Articles 71 and 72 of the Housing Code were left in force until the Unified Information and Analytical Housing System starts operating, and Article 72 is precisely the one requiring that a person be declared to have lost the right to use a dwelling only by a court.

The situations repeat year after year: a former husband stays registered in the flat after the divorce; relatives of the previous owner are registered in the flat you bought; the home was bought at a public auction and the debtor’s family still lives there; a relative has gone abroad and physically cannot file an application. Below we set out when an application to the services centre is enough, when litigation is unavoidable and what evidence the courts require in 2026.

Grounds for removal under Article 7 of Law No. 1382-IV

The special statute here is the Law of Ukraine “On freedom of movement and free choice of place of residence in Ukraine” No. 1382-IV. Its Article 7 gives a closed list of grounds: an application by the person or their representative; a final court judgment depriving them of ownership of the dwelling, of the right to use it, ordering eviction, declaring them missing or pronouncing them dead; a death certificate; a passport document received from the civil registry; and documents showing that the grounds have ended for a foreign national’s stay in Ukraine, for residence in a social institution, or for the right to use the dwelling.

The registration authority’s procedure is set by Cabinet of Ministers Resolution No. 265 of 7 February 2022, which introduced territorial community registers in place of the earlier 2016 registration rules. Registration actions are performed by the executive body of the village, settlement or city council where the dwelling is located, or by the relevant administrative services centre, and the data goes into the territorial community register rather than into migration service databases as it did before 2022.

The non-court route: an application, the services centre and 49.92 UAH

The cheapest scenario is where the registered person files the application themselves or gives a power of attorney to a representative. The administrative fee in 2026 is 1.5 % of the subsistence minimum for working-age persons, that is 49.92 UAH; where the application is late, the fee rises to 2.5 % of the subsistence minimum, or 83.20 UAH. The registration action is carried out on the day of application if the documents are in order.

Removal from the old address happens automatically when the person registers a new place of residence, so a separate application is not always needed. Someone who has been removed from the register must register a new place of residence within thirty calendar days. Some steps can be taken online through the Diia portal, but the list of available services changes from time to time, so it is worth checking on the portal itself before applying.

Why a new owner’s application is usually not enough

The reference to “documents showing that the grounds for the right to use the dwelling have ended” is read narrowly in practice. The registration authority will agree to remove a party to a lease or tenancy whose term has expired, or a previous owner who signed the transfer agreement themselves. But members of that owner’s family, cohabitants, and a former owner whose home was taken compulsorily through enforcement against a mortgage or sale at public auction are rarely removed on the new owner’s application.

In case No. 820/6316/15 (judgment of 21 March 2018) the Supreme Court held unlawful a removal decision based solely on the new owner’s application and the sale contract, and said the new owner must remedy the infringement of their right through the courts. The practical conclusion is simple: apply to the registration authority anyway before suing, because a written refusal proves the non-court route has been exhausted. When a transaction is being drawn up the problem is headed off in advance — during the drafting of a property sale contract the seller’s obligation to remove everyone registered by a stated date is written into the text.

The court route: how to frame the claim

Article 7 of Law No. 1382-IV recognises only five kinds of judgment, so the relief sought must match that list word for word. A claim “to compel removal from the register” without a substantive claim about the right to the dwelling is doomed: registration is derivative of the right of use, and courts dismiss such claims as an improper remedy.

Which claim to bring depends on who the defendant is to you. For a former member of the owner’s family part two of Article 405 of the Civil Code applies: a member of the owner’s family loses the right to use the dwelling if absent without valid reason for more than one year, unless otherwise agreed with the owner or provided by law. The court assesses the validity of the reasons case by case, and service in the defence forces, medical treatment, caring for a relative or leaving because of hostilities all count as valid.

For a person who was never a family member, the grounds are Articles 383 and 391 of the Civil Code — the owner’s right to require anyone to remove obstacles to the use of their property. The Supreme Court drew exactly this distinction in case No. 161/2498/18 (judgment of 20 March 2019). After 15 February 2026 part of the reasoning then used, resting on Articles 150 and 156 of the Housing Code, can no longer be applied, because those articles did not survive, whereas Articles 71 and 72 remain in force. Because of this transitional position a housing lawyer checks every provision against the list of articles left in force by Law No. 4751-IX before filing.

The claim step by step

1. Order an information extract from the State Register of Property Rights to confirm your ownership, and an extract from the territorial community register listing everyone registered.
2. Send the defendant a written demand to deregister voluntarily, by registered post with a list of contents: the reply, or the returned envelope, records that a dispute exists.
3. Apply to the registration authority and obtain a written refusal: it confirms that the non-court route did not work.
4. Gather evidence that they do not in fact live there: a statement of non-residence signed by neighbours or drawn up with the residents’ association, confirmation that the defendant pays no utility bills, information about where they actually live.
5. File the claim with the court where the dwelling is located and pay the court fee of 1,331.20 UAH; filing through the Electronic Court subsystem reduces it by 20 %, to 1,064.96 UAH.
6. Once the judgment is final, take a court-stamped copy to the registration authority: the registration action is carried out on the judgment itself, and no separate writ of execution is needed for it.

Typical mistakes

• Claiming removal from the register alone. The court dismisses it, because registration is derivative of the right of use and there is nothing to grant without a claim that the right has been lost.
• Counting the one-year absence under Article 405 from the date of the divorce. It runs from the actual departure, and that date is proved by statements and testimony, whereas a divorce certificate does not confirm it.
• Calling no witnesses. A statement of non-residence with no evidence from neighbours or the residents’ association counts for little, because nobody confirms it.
• Forgetting about children. Removing a child engages interests protected by the children’s services authority, which the court joins to the case; without that the judgment risks being overturned on appeal.
• Relying on a judgment about utility arrears. Such a judgment is not a ground for removal under Article 7 of Law No. 1382-IV, however large the debt.

When you do not need a lawyer

If the registered person does not object to being removed, the matter comes down to a visit to the services centre and 49.92 UAH. A relative abroad can execute a power of attorney at a Ukrainian consulate and post it, and that is enough for a representative to file on their behalf. You can equally obtain the territorial community register extract listing who is registered in your flat yourself. Legal help pays for itself where the defendant objects, where a child is registered in the flat, where the home was bought at auction, or where a divorce and division of property is running alongside the housing dispute: there the claims have to be coordinated across several cases.

Questions and answers

What does removal from the register of residence cost in 2026

The administrative fee is 49.92 UAH — 1.5 % of the subsistence minimum for working-age persons. Where the application is late, the fee is 83.20 UAH.

Can someone be deregistered without their consent

Only by a court judgment depriving them of ownership or of the right to use the dwelling, ordering eviction, declaring them missing or pronouncing them dead. Article 7 of Law No. 1382-IV provides no other route.

Is the old Housing Code still in force

Mostly no: it ceased to have effect on 15 February 2026 under Law No. 4751-IX. But Articles 71 and 72, which govern keeping a dwelling for the temporarily absent and the judicial procedure for declaring the right of use lost, remain in force until the Unified Information and Analytical Housing System launches.

How long must a person be absent to lose the right of use

For a member of the owner’s family, more than one year without valid reason under part two of Article 405 of the Civil Code. The validity of the reasons — service, treatment, leaving because of hostilities — is assessed by the court case by case.

I bought a flat and strangers are registered there. What do I do

First apply to the registration authority with the sale contract. If refused, file a claim under Articles 383 and 391 of the Civil Code to remove obstacles to the use of your property, together with a claim that the right of use has been lost.

Which court hears such cases

The local general court where the dwelling is located. The case is heard in civil proceedings, and the claim is non-monetary.

What is the court fee for the claim

1,331.20 UAH for an individual in 2026. Filing through the Electronic Court subsystem reduces it by 20 %, to 1,064.96 UAH.

Can a minor be removed from the register

They can, but the court joins the children’s services authority and checks that the child’s position is not worsened. Without regard to the child’s interests the judgment will not survive appeal.

Is a writ of execution needed after the judgment

Not for the registration action itself. The registration authority removes the person on the strength of a copy of the final judgment; a writ of execution is needed for compulsory eviction.

How long does such a case take

General proceedings at first instance run for months, and the period depends on whether the defendant appears and whether witnesses are needed. A defendant who has gone abroad is notified by an announcement on the official judiciary web portal, which lengthens the case.

Sources

• Law of Ukraine “On freedom of movement and free choice of place of residence in Ukraine”, Article 7
• Law of Ukraine No. 4751-IX “On the fundamentals of housing policy”
• Housing Code of the Ukrainian SSR, Articles 71, 72
• Civil Code of Ukraine, Articles 43, 383, 391, 405
• Cabinet of Ministers Resolution No. 265 of 07.02.2022 on declaring and registering a place of residence
• Law of Ukraine “On Mortgage”
• Law of Ukraine “On Court Fees”
• Diia portal: place of residence services

Removal from the register of residence with Svarog

We check whether an application to the services centre is enough in your situation, prepare the claim for loss of the right of use or for eviction, gather the evidence of non-residence and see the matter through to the registration action. A consultation costs from 1,500 UAH, preparing procedural documents starts at 5,000 UAH, attending one hearing at 3,000 UAH, and full court representation in a civil case at 25,000 UAH; the other items are on the legal services price list page.

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