Apartment destroyed by shelling - what will happen to ownership rights.

In wartime conditions, thousands of Ukrainians have lost their homes - missiles, drones, and artillery have left ashes instead of housing. Some have completely destroyed apartments, while others have partially damaged them. But what happens to ownership rights? Does it disappear along with the physical object? The answer is no, but there are more nuances than it seems.

Ownership rights in Ukraine are regulated by the Civil Code of Ukraine (CCU). According to Article 316 of the CCU, ownership rights are the rights of a person to a thing, which they exercise in accordance with the law at their discretion. Housing, in particular an apartment, is an object of ownership rights, which is confirmed by documents such as a certificate of ownership rights, a purchase-sale agreement, or inheritance.

Is ownership lost when an apartment is destroyed

The physical destruction of an apartment (for example, due to shelling and explosions) does not automatically terminate ownership rights. Article 331 of the CCU states that ownership rights to a thing are retained by the owner even if the thing has lost its qualities or has been destroyed. This means that the owner of a destroyed apartment remains its legitimate owner.

However, there are several scenarios that can complicate the situation:

1. Absence of documents. If the documents confirming ownership rights are lost, the owner needs to contact state registries (for example, the State Register of Real Rights to Real Estate) to restore them. In 2025, this process is significantly simplified due to digitalization, but in wartime conditions, difficulties may arise due to damage to databases.
2. Local authority decisions. In some cases, local authorities may recognize the building as emergency and subject to demolition. This does not mean the loss of ownership rights, but the owner may lose the physical ability to use the apartment.
3. Compensation or reconstruction. The state may offer compensation for destroyed housing or include the owner in a reconstruction program. In such cases, ownership rights may be transferred to new housing, but this depends on the specific conditions of the program.

Compensation for destroyed housing: how it works

In Ukraine, there is a compensation mechanism for destroyed housing, provided by the Law of Ukraine 'On Compensation for Damage and Destruction of Certain Categories of Real Estate Objects as a Result of Hostilities.' Owners of destroyed apartments can apply through the Diia portal or the Administrative Services Center to obtain compensation.

Compensation can be provided in the form of:

• monetary payments;
• housing certificate for purchasing new housing;
• new housing built at the state’s expense.

To obtain compensation, it is necessary to:

• confirm ownership rights (contract, extract from the register);
• provide an inspection report confirming destruction;
• apply in the established manner.

At the same Time, compensation does not mean the loss of ownership rights. Even after receiving payment, the owner formally remains the owner of the destroyed apartment if they do not transfer ownership to another property.

Risks of losing ownership rights

Although legislation protects owners, there are situations where ownership rights can be under threat:

1. Fraud. In wartime, there have been increasing cases where fraudsters attempt to appropriate destroyed property using forged documents. To avoid this, it’s important to regularly check the status of registries.
2. Delayed registration. If the apartment was not registered with the State Register of Real Rights, it will be more difficult for the owner to prove their rights.
3. Reconstruction decisions. In some cases, local authorities may decide to demolish the building and construct a new one without considering the interests of all owners. In such cases, legal support is needed.

What else Ukrainians should know

Despite daily shelling and active combat actions, Ukraine continues to implement the compensation program 'eRecovery'. Now, even in areas where a physical inspection is impossible, the fact of property destruction will be confirmed using remote methods.

We also reported that eRecovery allows Ukrainians not only to repair damaged housing but also to build a new home on their own land. From 2025, the second phase of payments began, allowing for additional funding for those who have already started construction and confirmed the targeted use of the first tranche.