RBK-Ukraine presents an analysis of the draft law №12377. This is reported by Kontrakty.UA.
The draft law aims to establish new principles for housing policy in Ukraine, creating conditions under which everyone can address their housing issues by acquiring property or renting. The document is expected to come into effect starting in 2026, replacing the Housing Code and other outdated laws.
Unified Database of Affordable Housing: What the Cabinet Offers
One of the main innovations is the Unified Information and Analytical Housing System. This system will function as a public electronic registry for collecting, accounting, processing, and providing information about Ukraine's housing stock, as well as about individuals who can benefit from state support.
The information included in it will be open and publicly accessible, excluding the identification numbers and document details. Accordingly, the following personal data will be included:
- Full name
- Passport details and documents confirming special status (if any)
- Place of residence
- Family, financial, and property status
Access to the system will be provided through a user electronic cabinet.
This primarily concerns individuals entitled to social and service housing. Accordingly, the unified database will collect information about available housing from private, state, and territorial community funds. It will also receive data from the Register of Property Rights, the Unified Electronic System in the Construction Sector, and other systems.
The data from this database can be used to search for affordable housing.
Changes to Rental Rules
Every Ukrainian is guaranteed the right to rent private housing. Property owners may lease their property for a term and at a price defined by the rental agreement.
This agreement is concluded according to the provisions of the Civil Code (Chapter 59) and serves as the basis for occupancy. Moreover, the right to use rental housing (excluding social and service housing) is subject to mandatory state registration.
Family members of the tenant and other individuals residing with them with the landlord's consent enjoy all rights and obligations outlined in the agreement.
Who is Entitled to Social Housing
Social housing is provided to individuals in need of social protection or those who have left their place of residence for various reasons. It must meet consumer quality requirements and is provided for use based on a rental agreement at an affordable price, considering income levels, benefits, guarantees, and subsidies.
Social housing from the state fund or the territorial community fund is granted based on a decision from the state authority, local government, or authorized entities.
The payment for such housing includes rent and housing and communal services.
Social housing may also be provided from private funds. In this case, payment is made based on the rental agreement.
Who is Entitled to Service Housing
Service housing is provided to individuals who, due to the nature of their service or work, need to live nearby. It can be obtained through a rental agreement based on a decision from the authorities under whose jurisdiction or management the individual falls.
Tenants are responsible for paying rent and covering housing and communal services. Termination of service or employment relations may serve as grounds for eviction. This does not apply to those who became disabled while working.
The list of categories eligible for service housing from the state fund is determined by the Cabinet of Ministers. For the territorial community fund, it is determined by local self-government bodies.
Private enterprises and organizations may also provide their employees with service housing.
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Important Clarification. Renting private, social, or service housing does not deprive an individual of the right to participate in the implementation of other state support mechanisms for obtaining their own apartment or house.
Mortgage, Rent with Purchase Option, and Other Support Mechanisms
State support mechanisms aim to ensure that everyone has the opportunity to build, acquire, or rent housing.
Financial and credit mechanisms for construction or purchase include:
- Preferential long-term loans for construction, reconstruction, or purchase
- Payment of part of the housing cost
- Payment of part of the share contributions (for cooperative members), loans, or compensation for part of the interest on loans for payment of contributions
- Provision of housing under preferential mortgage and financial leasing terms
- Transfer of housing under a rental agreement with the right to purchase
The amount of state support is determined based on the number of family members and other standards.
Housing acquired through these mechanisms cannot be sold for 10 years from the moment of acquiring ownership. However, there is an exception - if the received state support funds are returned.
Regarding rent with the right to purchase, this applies to housing from the state fund or territorial community fund. Such agreements can be concluded by individuals who have lived in the housing for no less than 10 years.
Furthermore, purchasing at reduced prices is not allowed. That is, the purchase is made at a price not lower than the cost of social housing built to replace it.
Who Can Claim State Support
Several categories of individuals are entitled to state support, including those who:
- Need social protection
- Do not own or have the right to use housing that meets the requirements
- Have lost their housing due to emergencies, military actions, or other circumstances (if they cannot independently exercise their right to housing considering their income and property status)
Individuals in need of social protection, internally displaced persons, and other categories have the right to free housing, affordable rent, or purchase through preferential credit mechanisms. Temporary housing does not deprive individuals of the right to state support.
Hostels may be created for the temporary residence of families and single individuals.
What Are Housing Rights and Obligations
The draft law guarantees the right to build, purchase, rent, or receive housing for use. This right is exercised by each individual at their discretion (except for some limitations).
Obligations include timely payment of housing and communal services, rental payments, or payments (for example, for loans or mortgages).
Additionally, no one can be forcibly deprived of housing or evicted except on grounds and in accordance with the procedure established by law and/or by court decision. It is prohibited to use housing for purposes other than intended. It is necessary to use residential premises, energy, and other resources responsibly and to adhere to the rules of good neighborliness.
Individuals with disabilities may claim other housing (except for private housing) considering the requirements for inclusive access.
Who Can Be Evicted from Occupied Housing
Eviction of individuals who have legally obtained social or service housing from the state fund and territorial community fund is prohibited, provided they have not lost it and have not previously received alternative suitable housing. This excludes cases of voluntary eviction or judicial proceedings.
An individual may be evicted if:
- Major repairs, reconstruction, or restoration are required
- The housing is subject to demolition or poses a threat of collapse
- The premises are being converted to non-residential status
- The housing is declared emergency
If a tenant of such housing refuses to relocate, eviction may occur by court order.
How They Intend to Combat "Squatters"
A specific point in the draft law concerns individuals who unlawfully occupy housing, known as "squatters."
Housing is considered unlawfully occupied if a person has settled in without legal grounds or continues to reside in social or service housing without the right to use it.
Settling in housing without proper legal grounds is prohibited. Unlawfully occupied housing is subject to immediate return to its owners (or to individuals who legally use such housing). In this case, "squatters" must restore it to a usable condition and compensate for damages incurred.
What Are the Consequences for Violating Housing Laws
The new draft law states that those guilty of violating housing legislation will face criminal, administrative, and other forms of responsibility. Specific penalties are not outlined, but they are evidently covered by the norms of the Criminal and Civil Codes of Ukraine.
Individuals who cause damage to housing, building systems and equipment, adjacent territories, landscaping facilities, and green areas are obligated to compensate for the damage.
Disputes concerning the protection of housing rights (regardless