Kyiv Prosecutor Moves to Void Ownership of Phantom Buildings and Demolish Illegal Construction

Lawsuit Filed by Kyiv City Prosecutor's Office

According to Прокуратура Київ: The Kyiv City Prosecutor's Office has initiated a legal case in the Commercial Court seeking to annul ownership rights over buildings that do not physically exist. According to the prosecutor’s office, this action aims to remove obstacles faced by the rightful owner-the territorial community of Kyiv, represented by the Kyiv City Council. The dispute concerns a land parcel exceeding 3.6 hectares located on Yakov Kachura Street in Kyiv’s Sviatoshynskyi district, valued at over 57 million hryvnias.

In May 2019, an individual registered ownership of five non-residential structures totaling 321 square meters, purportedly situated on this land. However, investigations revealed that no such buildings actually stand on the site. Ownership of this property later transferred to a legal entity. By the end of 2019, an unauthorized building appeared on the land without the necessary construction permit or approval for land use.

Prosecutor’s Demands

The prosecutor’s office demands the annulment of ownership rights for the nonexistent buildings and calls for the demolition of the unauthorized structure. The Kyiv Commercial Court has already commenced proceedings in response to the prosecutor’s claim. Notably, the registration of property rights does not prevent the Kyiv City Council from reallocating the land to other parties. This case highlights the critical need for strict adherence to real estate and land-use laws.

This situation underscores common challenges in property rights registration, especially regarding potential document manipulation and fraudulent claims of ownership. Transparency in land records management and property registration is increasingly important amid the growing interest in Ukraine’s real estate market. The court’s decision will influence not only the fate of this specific parcel but also future practices in Kyiv’s land governance.