A3.6 Loss of access or control of immovable property in the temporarily occupied territories
Can I submit a claim in this category?
You can submit a claim in this category if:
- you own (residential or non-residential) immovable property that is or was located in a temporarily occupied territory of Ukraine; and
- you lost access or control of that property as a result of Russia’s full-scale invasion starting on 24 February 2022.
What can I claim under this category?
You can submit a claim only for the value of the property.
Is this category also for other financial losses, given that I could not use the property?
No, if your claim also relates to other losses, such as lost profits from the lack of access or control, you should submit a claim in a different category too.
What does “loss of access or control” mean for this category?
You lost access or control of the property if you could not (or largely could not) enter, use, enjoy, transfer, or sell it without relying on Russia, its regional or local authorities, or any entity under its control.
How do I prove that I am the owner of the property?
One possibility is to show that Ukraine’s State Registry of Immovable Property Rights reflects that you are the owner.
If you tried to record your property title there, but were denied registration, you should include this information instead.
You might also be able to prove your ownership in other ways, such as with:
- court decisions recognising ownership of the property;
- documents of title registered before Ukraine’s State Registry of Immovable Property Rights began operating;
- certificates of inheritance, sale and purchase contracts, deeds of gift, or exchange contracts;
- extracts from Ukraine’s State Register of Transactions, provided by a notary;
- certificates of title or documents from local technical inventory bureaus;
- technical passports of the property;
- documents from local authorities confirming ownership;
- tax reporting documentation; and
- written testimonies from neighbours, local housing representatives or managers, or other persons who can confirm ownership.
This list is not exhaustive.
My property is not registered in Ukraine’s State Registry of Immovable Property Rights. Can I still submit a claim to RD4U?
If your title is not registered in this State Registry, you could register it and then submit a claim. If the registration is not possible, you can still submit a claim to the RD4U, but you should also show proof that you have attempted a registration or explain why you have not done so.
If I later regained access and control of my property, can I still submit a claim?
Yes, you can submit a claim for the time that you lost access or control of the property. If you regained access or control after you submitted a claim, you must update your claim with this information.
I do not have the geographic coordinates of my property. What should I do?
You do not need to provide geographical coordinates of your property if you don’t know them.
What can I submit as evidence of the loss of access or control?
You should provide as much evidence as necessary to establish the loss of access or control. It is for you to decide what evidence to submit. Examples could include:
- relevant court decisions;
- refusal of a permit or other refusal to enter the temporarily occupied territories;
- documents demonstrating that the property cannot be used, transferred, or sold without relying on Russian authorities;
- media reports, including online publications and messenger channels; and
- written testimonials of neighbours, local housing representatives or managers, or other persons who can confirm the loss of access or control.
This list is not exhaustive.
I do not have any evidence that I lost access or control of the property, or I do not have any evidence of the value of the property. Can I still submit a claim?
Yes, you can. You should provide as much information as possible about what happened.
I left my immovable property in a temporarily occupied territory of Ukraine in 2014. I used to be able to access this property periodically, but because of Russia’s full-scale invasion, I can no longer do so, or can only do so by relying on Russia, its authorities, or an entity under its control. Can I submit a claim under this category?
Yes, you can submit a claim for the loss of access or control of the immovable property if you lost such access or control because of Russia’s full-scale invasion starting on 24 February 2022.
I think that my immovable property, which is located in the temporarily occupied territories and to which I have no access, was damaged or destroyed, but I do not have any information or evidence confirming this. Should I submit a claim in this category?
You can submit your claim in category A3.6 for the loss of access or control of immovable property in the temporarily occupied territories.
You may consider submitting a claim in category A3.1 or A3.2, if you have relevant evidence concerning the property’s damage or destruction.
A claim submitted in one category may be reassigned to a different category by the Register as appropriate.
I think that my immovable property, which is located in the temporarily occupied territories and to which I have no access, was damaged or destroyed. Open source evidence confirms that the area in which the property is located was almost fully destroyed because of Russia’s full-scale invasion. Should I submit a claim in this category?
You may consider submitting a claim in category A3.1 or A3.2, providing the relevant evidence that you have concerning the property’s damage or destruction.
In addition, if you lost access or control of your property, you can submit a claim in category A3.6.
A claim submitted in one category may be reassigned to a different category by the Register as appropriate.