WHAT TO DO IF YOUR HOME WAS DAMAGED OR DESTROYED DURING THE WAR?

Criminal Law
20.05.2022
Law Services - WHAT TO DO IF YOUR HOME WAS DAMAGED OR DESTROYED DURING THE WAR?

According to the head of the Kyiv OVA, as a result of hostilities in the Kyiv region alone, more than 4,000 private and apartment buildings have been destroyed.
Therefore, it is important to study the possibility of obtaining fair compensation for the owners of such houses.
What are the legal guarantees?
Currently, the Cabinet of Ministers Resolutions of March 20, 2022, and March 26, 2022, № 326 and 380, respectively, are in force.
In particular, the Cabinet of Ministers Resolution 326 provides for the procedure for determining the damage caused to Ukraine as a result of Russia’s military actions. Thus, one of the ways to determine the damage and losses is the loss of housing and housing and communal services.
At the same time, the Cabinet of Ministers Resolution No. 380 provides for the possibility of submitting informational information to persons whose real estate objects have been destroyed or damaged to receive future compensation.
Let’s dwell on the provisions of the resolution № 380 in more detail.
First of all, the resolution distinguishes between the concept of “destroyed”, which is not recoverable, and “damaged”, which can be repaired or reconstructed, real estate.
The real estate includes apartments, other living quarters in the building, private houses, gardens, and dacha houses.
How to submit a message?
You can choose one of the possible ways:

– contact the administrator of the CNAP or a notary;

– use the web portal or the mobile application “Action”.
To apply through “ACTION” you need to choose Services – Damaged property – Start – Choose a property from your list of yours or Enter data yourself.

!!! You can do this regardless of your place of residence. Content of the message: full name of the person; RNOKPP or passport data (series/number); contacts; information about housing, namely its type, a number from the register, the size of the total area, address, location, indication of belonging to cultural heritage sites; data on the number of persons living in the dwelling, information on damage/destruction of the dwelling (date, approximate time of destruction, description of the damage and, if possible, photo and/or video recording).
The next natural step is the actual implementation of compensation to victims.
However, there is currently no law regulating the relevant public relations.
However, due to the urgent need, lawmakers are preparing for the second reading of the draft law of March 24, 2022, № 71.98.
The purpose of the future law is, first of all, to compensate individuals for the destruction/damage caused by military actions on their real estate.
The bill also seeks to gather evidence to substantiate further claims by Ukraine against Russia.
However, it should be noted that such a bill provides for compensation only for real estate destroyed or damaged during hostilities, starting from February 24, 2022.
These time limits are recognized as a significant shortcoming of the bill, given the imperfections of the provisions of the Order № 947 of 18.12.2013, which should be guided by compensation for damages caused by Russia’s armed aggression since 2014.
Thus, the provisions of the Procedure contain restrictions on the number of persons who have the opportunity to provide compensation for the destruction of buildings. In particular, assistance is provided only to those who refused to evacuate. Others are deprived of compensation.
We hope that the legislator will take into account these gaps to ensure that the rights of all victims are respected, but for now, we will find out what the legislator is proposing.

Who is entitled to compensation?
The bill provides for the possibility of receiving compensation for the following categories of persons:

– individuals, namely the direct owners of housing; construction investors, provided that the developer has received a permit to perform construction work; HBC members who bought housing, but did not have time to register ownership; heirs of all the above persons;

– ACMHs, managers of many apartment buildings, HBC – the right to repair damaged common property of such a house.
What is compensation?
The bill provides for 3 ways of compensation: the actual money; financing the construction of new housing; financing of construction works on the repair of common property of an apartment building.
Monetary compensation. This type of compensation is provided for damaged or destroyed housing. However, not all types of destroyed housing are subject to monetary compensation. This applies only to private homes, gardens, and cottages.
The amount of compensation itself is determined by an assessment, in particular, the degree of damage to housing and the cost of restoration. You can initiate an evaluation yourself by contacting the authorities or requesting a specially created Commission to assist in the evaluation.
Financing the construction of new housing. This type of compensation, respectively, is provided for destroyed housing (except in cases where the owners of a private house, garden, and country house, used their right to monetary compensation). Prerequisites are equivalent area, type, number of rooms, and functional purpose. In addition, it is guaranteed to provide housing in a building that is being built on the site of the destroyed, or in the same quarter or at least – in the neighboring quarter. However, the recipient of compensation can choose the object of real estate, provided that the developer meets the criteria set by law. This exception does not apply to private residential, garden, and country houses – they are built on the land where they were previously located.
The amount of this type of compensation for 1 dwelling may not exceed 150 m2. If there is a difference in the amount (between the compensation limit and the new real estate) – you must pay from your wallet.
Another important detail: the legislator plans to limit the possibility of alienation of real estate for 3 years.
Financing of construction works on repair of common property of an apartment building.
This type of compensation does not have its characteristics and also involves an assessment to determine the cost of restoration.
What should be the procedure for obtaining compensation?
First of all, you must apply.
Such an application is submitted to the special commission in 2 ways: 1) in paper form through the CNAP, notary, or social security authorities; 2) in electronic – through the portal or mobile application “ACTION”.
Deadlines for submission. Applications will be submitted during the entire period of martial law and no later than 90 days from the date of its end.
Regarding the content of the statement. The statement must contain the following information:
information about the person whose home is damaged or destroyed;
information about the housing itself;
information about the applicant;
information on the number of the evaluation report.
The legislator also establishes a list of documents attached to the application, namely:
on the right of ownership of housing (certificate of ownership, contract of sale, certificate of inheritance, and others);
on confirmation of the fact of payment for investment and financing of real estate construction;
on confirmation of the fact of membership in ZhBK (ZhK) and the fact of payment of the full cost of housing;
on the death of the owner of the dwelling or the announcement of his death – in cases where the application is submitted by the heir;
on confirmation of the priority right to receive compensation – for large families; persons with disabilities of groups 1 and 2 and some other categories of persons.
Such documents must be signed by the person wishing to receive compensation.
Who will receive compensation in the first place?
Compensation will be provided in the order of receiving applications for compensation and taking into account the availability of priority rights.
So we advise you not to delay submitting your application!

Instead, without waiting for the bill to be finalized and approved, KOVA representatives are already announcing possible ways to solve the problem. Among them, according to Oleksandr Pavliuk, are the purchase of apartments in already built houses and the construction of two new neighborhoods in Borodyanka and Irpen.
At the same time, the head of the OVA noted the need for an individual approach to each affected family. At the same time, the issue of restoring the private housing sector remains unresolved, and a separate action plan will be developed.
Well, we are waiting for the results of the work of legislators to get acquainted with the final approved procedure for compensation.