{"id":1960,"date":"2026-04-01T17:35:43","date_gmt":"2026-04-01T14:35:43","guid":{"rendered":"https:\/\/svaroglaw.com\/znyatta-z-reestracii-2\/"},"modified":"2026-09-15T05:03:00","modified_gmt":"2026-09-15T02:03:00","slug":"znyatta-z-reestracii","status":"publish","type":"post","link":"https:\/\/svaroglaw.com\/en\/blog\/znyatta-z-reestracii\/","title":{"rendered":"Removal from the register of residence in 2026: the services centre and the courts"},"content":{"rendered":"

There are two ways to remove someone from the register of residence. If they agree \u2014 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 \u2014 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.<\/em><\/p><\/blockquote>\n

On 15 February 2026 the Housing Code of the Ukrainian SSR ceased to have effect under Law No. 4751-IX \u201cOn the fundamentals of housing policy\u201d. 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.<\/p>\n

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\u2019s 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.<\/p>\n

Grounds for removal under Article 7 of Law No. 1382-IV<\/h2>\n

The special statute here is the Law of Ukraine \u201cOn freedom of movement and free choice of place of residence in Ukraine\u201d 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\u2019s stay in Ukraine, for residence in a social institution, or for the right to use the dwelling.<\/p>\n

The registration authority\u2019s 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.<\/p>\n

The non-court route: an application, the services centre and 49.92 UAH<\/h2>\n

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.<\/p>\n

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.<\/p>\n

\"Three<\/p>\n

Why a new owner\u2019s application is usually not enough<\/h2>\n

The reference to \u201cdocuments showing that the grounds for the right to use the dwelling have ended\u201d 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\u2019s 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\u2019s application.<\/p>\n

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\u2019s 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 \u2014 during the drafting of a property sale contract<\/a> the seller\u2019s obligation to remove everyone registered by a stated date is written into the text.<\/p>\n

\n\n\n\n\n\n\n\n\n
Situation<\/th>\nWhere to apply<\/th>\nGround<\/th>\nTime and cost<\/th>\n<\/tr>\n
The person agrees to be removed<\/td>\nregistration authority or services centre<\/td>\napplication by the person or a representative under a power of attorney<\/td>\nsame day, 49.92 UAH<\/td>\n<\/tr>\n
The person registers a new address<\/td>\nregistration authority at the new address<\/td>\nsimultaneous removal from the old one<\/td>\nsame day, 49.92 UAH<\/td>\n<\/tr>\n
A lease or tenancy has expired<\/td>\nregistration authority<\/td>\ndocument ending the right of use<\/td>\nsame day, refusal possible<\/td>\n<\/tr>\n
A former family member will not leave<\/td>\ncourt where the dwelling is located<\/td>\nArt. 405 CC, Art. 72 Housing Code<\/td>\nclaim, 1,331.20 UAH<\/td>\n<\/tr>\n
Home bought at auction, the debtor still lives there<\/td>\ncourt<\/td>\nArt. 391 CC, Law \u201cOn Mortgage\u201d<\/td>\neviction claim, 1,331.20 UAH<\/td>\n<\/tr>\n
The person is missing<\/td>\ncourt, non-contentious proceedings<\/td>\ndeclaration as missing, Art. 43 CC<\/td>\napplication, 1,331.20 UAH<\/td>\n<\/tr>\n<\/tbody>\n<\/table><\/div>\n

The court route: how to frame the claim<\/h2>\n

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 \u201cto compel removal from the register\u201d 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.<\/p>\n

Which claim to bring depends on who the defendant is to you. For a former member of the owner\u2019s family part two of Article 405 of the Civil Code applies: a member of the owner\u2019s 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.<\/p>\n

For a person who was never a family member, the grounds are Articles 383 and 391 of the Civil Code \u2014 the owner\u2019s 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<\/a> checks every provision against the list of articles left in force by Law No. 4751-IX before filing.<\/p>\n

The claim step by step<\/h2>\n
    \n
  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.<\/li>\n
  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.<\/li>\n
  3. Apply to the registration authority and obtain a written refusal: it confirms that the non-court route did not work.<\/li>\n
  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\u2019 association, confirmation that the defendant pays no utility bills, information about where they actually live.<\/li>\n
  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.<\/li>\n
  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.<\/li>\n<\/ol>\n

    Typical mistakes<\/h2>\n