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26May
Can You Remove (Deregister) a Person from an Apartment or House Without Their Consent?
The question of how to remove a person from an apartment without their consent often arises in family disputes, divorces, inheritance conflicts, or during the sale of property. Many homeowners wonder: can the owner of a house remove a person without their consent?
Previously, forced deregistration of residence was possible only through a court decision. However, Ukrainian legislation has since simplified the process — removal from registration without consent can now be done administratively under certain conditions.
Grounds for Deregistration Without Consent
Can a homeowner remove a person without their consent?
Yes, the law gives property owners the right to initiate the deregistration of a person who is not an owner of the premises, even without that person’s presence or consent. This right is established in paragraph 61 of the Procedure for Declaration and Registration of Place of Residence, approved by the Cabinet of Ministers of Ukraine Resolution No. 265 of February 7, 2022.
In practice, a person can be deregistered only if they are registered (propiska) at the address but do not own the property.
If the dwelling is co-owned by several people, consent from all co-owners is required. Without unanimous consent, the deregistration can be challenged in court and declared unlawful.
Likewise, it is impossible to remove the owner or co-owner of a dwelling without their voluntary consent.
For minors, a separate procedure applies — their registration is legally protected and cannot be terminated without the approval of the guardianship authority.
Judicial deregistration.
If administrative removal is not possible (for example, the person objects), a court procedure applies. The court may order deregistration if it confirms that the individual has not lived at the address for more than 6 months (or more than one year if they are a family member of the owner), or causes harm or conflicts with the owner.
Step-by-Step Procedure for Deregistration Without Consent
If a person is not a property owner, the process of how to remove someone from a house or apartment involves several steps:
- Apply to the registration authority — usually a local Administrative Services Center (ЦНАП) or the city/village council’s registration department.
- Provide an identity document — a Ukrainian passport or ID card.
- Submit proof of property ownership — such as an extract from the State Register, a sale contract, or a certificate of ownership.
- Fill out an application for deregistration — specifying the person’s details and the reason (for example: “does not live at this address and is not an owner”).
- Pay the administrative fee — approximately ₴40 per person (as of 2023).
Usually, the process takes one business day. After completion, the property owner receives a certificate confirming deregistration. The entire process is administrative, without the need for a court, if all legal requirements are met.
Categories of People Who Cannot Be Deregistered
Ukrainian law protects certain groups of people from forced removal, even at the owner’s request.
You cannot deregister the following categories:
- Military personnel — mobilized soldiers, prisoners of war, or those currently in active service.
- People undergoing medical treatment — those in hospitals or rehabilitation centers.
- Individuals on business trips or rotational (shift) work — for example, long-distance workers or seafarers.
- Elderly or disabled people — residing in state care or nursing facilities.
- Persons serving prison sentences.
Additionally, you cannot deregister a property owner or co-owner without their consent.
Legal Protection for People Deregistered Without Consent
If a person has been removed from registration without their consent, they have the right to appeal the decision in court.
The court will check whether all legal procedures were followed and may restore registration if violations are found — for example, if the person belongs to a protected category (military, minor, hospitalized, etc.).
A deregistered individual can also claim compensation for damages if they suffered losses due to unlawful deregistration (for instance, loss of access to social benefits or property rights).
Special Rules for Certain Categories
- Minors. A child can only be deregistered with approval from the guardianship and custody authority. If a child is registered at an address, their parents cannot be deregistered without consent either — this ensures the child is not left registered alone.
- Persons with lifetime residence rights. Some people have a legal right to live in a home for life, for example, by will or donation agreement. Even the new owner cannot legally remove them from registration — the right of residence is protected by law.
- Military personnel. A soldier’s registration cannot be removed without their personal request, even if they are away for service.
Conclusion
Removing a person from registration (propiska) without their consent is possible only under specific legal conditions.
A property owner may deregister someone who is not a co-owner, but must strictly follow the law and respect the exceptions.
The process is now much simpler — it can be done through an Administrative Services Center (ЦНАП) without court involvement. However, violating the rights of protected individuals (such as military personnel, children, or the sick) will lead to cancellation of the deregistration by court order.
Before initiating a forced deregistration, the property owner should consult a lawyer to ensure all grounds are valid — this helps prevent legal disputes and guarantees that the procedure remains lawful.
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