Many of the new rules related to the coming into force of the Civil Code of Ukraine as of 1 January 2004 are considered positive and create fair and favorable conditions for the development of real estate market in Ukraine. Foreign citizens or legal entities have the right to buy and own property in Ukraine. These property rights are set forth in the Constitution of Ukraine and Law of Ukraine On Property. The law permits owners of property not only to own property but also to use such property for commercial purposes, lease property, keep the revenues, profits, and production derived from its use.
To purchase residential or office premises, the buyer should verify the seller’s title by reviewing the title documents. Title documents which should initially be presented by the seller include:
- a certificate of privatization, a purchase contract (notarized as a rule) or evidence of gift or inheritance
- a proof showing the seller is the owner
- a certificate from the Unified Register of Prohibitions on the Disposal of Immovable Property on the absence of mortgages, arrest or other encumbrances
In case you deal with the legal entity the most common title documents that provide proof of ownership rights of companies are:
- Contracts (sale contracts, deeds of a gift, barter contracts, etc.)
- Certificates on acquisition of real estate by public tenders issued by notaries
- Court and arbitration court awards recognizing property rights
- Certificates of Ownership Rights as to Real Estate issued by local authorities, etc
Property rights must be registered in the All-Ukrainian Real Estate Ownership Rights Register. Registration of the title of real estate can be confirmed by an Extract from the Real Estate Ownership Rights Register distributed by the local Bureau of Technical Inventory (BTI).
Thus, when buying real estate in Ukraine you should check title documents and registration of property rights.
In order to enter into a sale-purchase agreement, a foreign individual needs to have the following documents:
- passport with a valid visa
- tax payer number on the territory of Ukraine (which is obtained at the regional Tax Administration)