Determination of material damage as a result of the armed aggression of the Russian Federation. The extent of damage and destruction of real estate
The war unleashed by a neighboring country affected every Ukrainian to one degree or another. As a result of daily shelling of populated areas throughout Ukraine, hundreds of residential buildings and infrastructure were destroyed, and thousands of people were left homeless.
Ahead is the reconstruction of our state, restoration of housing and receiving compensation for damaged and destroyed real estate as a result of hostilities, acts of terrorism, and sabotage caused by the military aggression of the Russian Federation. The first thing that owners of damaged real estate need to do is to record and document the facts and extent of damage and destruction of real property in order to recover material damages from the aggressor state in the future.
Today, there are several mechanisms for receiving compensation for lost or damaged housing:
- according to the procedure developed and approved by the relevant resolutions of the Cabinet of Ministers of Ukraine (to receive compensation from the state of Ukraine);
- as well as in court proceedings (in Ukrainian and foreign courts), etc.
The expert's conclusion based on the results of the construction-technical or evaluation-construction expert study can be submitted to the court as relevant evidence, and also, if necessary, can be presented to state bodies and institutions. In the case of an appeal to the court or pre-trial investigation authorities in accordance with the requirements of procedural legislation, it is most likely that a judge, investigator or prosecutor will require a mandatory examination in order to obtain an expert's opinion as a procedural source of evidence in your case.
Forensic examination (expert research) with the aim of obtaining an expert's opinion can be conducted after providing the relevant documents. In particular, the expert must provide:
- entitlement documents for the object of immovable property (or an extract from the State Register of Property Rights to immovable property, or an extract from the old register of BTI, in which ownership rights to property were registered until 2013 [at the time of application, the extract must be valid, i.e. , made no earlier than 3 months ago]);
- technical inventory materials (technical passport) for the real estate object;
- a document (deed) drawn up by the bodies of the State Emergency Service (DSNS) certifying the relevant damage: a fire report, etc., which will record the date and reason of the occurrence of the event and the occurrence of property damage at the corresponding address;
- title documents for the land plot (or an extract from the State Register of Property Rights to immovable property, from the State Land Cadastre);
- design and technical and estimate documentation, other materials (if available);
- information with a description and/or photo/video recording of the object of immovable property before damage or destruction occurred as a result of hostilities, acts of terrorism, sabotage caused by the military aggression of the Russian Federation (photo/video from the home archive, acts/reports of witness interviews , expert opinions, appraisal reports in case of alienation or inheritance of property, technical inspection reports, for example, during reconstruction or construction, etc.).
If it so happened that for some reason it is impossible to provide access to the damaged object for its examination by a forensic expert, it is also necessary to provide information about the damage or destruction of immovable property (the date and approximate time of the event, description of damage, photo, video recording [if available]) in any form (conclusion, report, act, protocol, etc.), from which it is possible to establish the conformity of the object presented in this information with the provided documents, determine the technical condition of the structures and the possibility of further use according to the functional purpose. For example, this is a deed, protocol or any description of the property, drawn up by 2-3 disinterested persons, as well as (preferably) at least one engineer and/or representative of the relevant department of local government (architect, deputy, expert...), in which will contain links to photo and video materials, or such materials will be presented in the document itself. This document should include:
- characteristics of all structures and engineering equipment (type, material, etc.);
- damage to structures and elements (in particular: foundations, walls, windows, roof, etc.);
- a schematic display (plan) of the object, measurements/dimensions of its constructions with reference to the damage to premises or sides of the world, axes/corners/slots, etc. (width and length of cracks, vertical and horizontal deviations, subsidence, the formation of a network of cracks on the walls, etc., the binding of the place of impact/explosion, ruptures in the area to the cardinal directions and relative to the houses, etc.).
If the specified materials are not available or the required information is not recorded in the provided materials, a specialist/expert is sent to the location of the object for its inspection and assessment of its technical condition.
If it is impossible on the basis of the provided documents and/or without instrumental methods, etc. making a decision regarding the preservation of the object and the expediency of its restoration — a detailed comprehensive study can/should be conducted (especially on multi-apartment buildings).
Approximate questions from which a construction and technical examination can be conducted:
- What damage to structures, equipment and other elements of immovable property that occurred as a result of hostilities, acts of terrorism and sabotage caused by the military aggression of the Russian Federation are currently present in the house at the address: _______?
- What is the cost of repair and restoration work, which is necessary to carry out in the house at the address: _______, damaged as a result of hostilities, acts of terrorism and sabotage caused by the military aggression of the Russian Federation?
- What is the cause of the damage and destruction of the house at the address: _______? Is there a cause-and-effect relationship between the event (military actions, terrorist acts and sabotage caused by the military aggression of the Russian Federation) and damage to real property? (this issue, most likely, will be resolved by an expert as part of a comprehensive examination with the involvement of other specialists to perform engineering-geological, laboratory and other searches and calculations).
Examination of damaged and destroyed objects is carried out by an expert only after carrying out emergency and rescue and other urgent works, including demining.
The question "What is the amount of material damage caused to the owner of the house at the address: _______, which was damaged as a result of hostilities, acts of terrorism and sabotage caused by the military aggression of the Russian Federation?" can also be decided by a court expert within construction and technical examination. Methodological recommendations, in accordance with which an expert study is being conducted, have been updated. Call, inquire - I am sure that by the time you read this article, a forensic expert will be able to help you solve this issue.
Important information!
To date, the state has developed a procedure for determining damage and losses only for residential real estate (mansions and multi-apartment residential buildings, individual apartments, etc.). Damage compensation for damaged or destroyed non-residential, commercial and industrial real estate at the state level is not provided. Therefore, in this case, it is most appropriate for the owners of such real estate to turn to a judicial expert for compensation of material damages in court, and for this it is necessary to conduct a construction and technical examination (expert study) on the above-mentioned issues.