Gift of Real Estate

Services Provided

Gift of Real Estate

LIST OF DOCUMENTS (only ORIGINALS!!!)

  • proof of ownership document for the property being sold (Certificate of Ownership, sale-purchase agreement, gift agreement, Certificate of Inheritance, etc.);

WARNING: if the proof of ownership document is dated before August 2010, in most cases an additional BTI Information Reference is required (confirms the owner’s rights). In case the property is located in Kyiv city – the notary obtains such a reference in advance and independently, term – 3 working days or 1 month, the reference is paid. If the property is located outside Kyiv city, the BTI Information Reference is obtained by the notary with the participation of the property owner (seller).

WARNING: if the proof of ownership document lacks data about the property’s area – total (for all types of real estate) and living area (for apartments and houses) – an additional Technical Passport must be provided. The requirement to issue and register a new (fresh) Technical Passport during martial law does NOT apply!

WARNING: in the case of gifting a land plot and (if available) buildings/structures located on it – the land plot must have an assigned CATASTROPHIC NUMBER (CADASTRAL NUMBER) (requirement of Articles 120 and 132 of the Land Code). If such data is missing, please contact any certified land surveyor engineer (currently a fast paid procedure).

WARNING: for land plot gifting cases, the notary independently obtains an extract from the State Land Cadastre based on the existing cadastral number during preparation, BUT in many cases, the information about the land plot in the State Land Cadastre contains many errors, which requires updating the data about the plot through a land surveyor engineer (paid, fast, no need to travel to the plot location) or through the cadastral registrar (minimal fee, longer term, requires traveling to the registrar at the plot location). Because of this, the preparation of real estate operations (gifting) of land may take an additional number of days to update the data about the land plot.

  • in cases where the real estate transaction is taxable – market value appraisal (done by a licensed appraiser or on the State Property Fund website (https://evaluation.spfu.gov.ua/) using an electronic signature key).
  • in case of gifting residential real estate located outside Kyiv – Certificate of the registered residents (obtained through CNAP or local village/town council) or House Register (for residential houses);
  • in case of gifting residential/non-residential house, building – documents for the land under the house; such documents must necessarily contain the cadastral number and area of the land plot;
  • if there are minor children registered in the residential real estate (apartment, house) – the corresponding consent of guardianship authorities at the child’s place of residence (issued by parents through CNAP);
  • if the real estate is under mortgage (pledge) – Consent of the mortgage holder (bank) for gifting the mortgage subject.

For individuals – parties to the contract, additionally submit (only ORIGINALS!!!):

  • Passport, identification number certificate (Ukrainian identification number must be obtained also for foreigners!);
  • If the property is an object of joint marital ownership – notarized Statement-consent of the Seller’s husband/wife OR his/her personal appearance before the notary with passport and identification code no later than the day of gifting; Marriage certificate;
  • Foreign individuals must be legally present in Ukraine, which must be confirmed to the notary EITHER by passport control stamps in the foreigner’s passport (the total days of stay in Ukraine according to the stamps CANNOT exceed 90) OR by a temporary or permanent residence permit.

For legal entities – RESIDENT parties to the contract, additionally submit (only ORIGINALS!!!):

  • Charter;
  • If the decision about gratuitous transfer/acceptance of gift/donation falls under the competence of the General Meeting of participants according to the Charter – Minutes of the General Meeting (Decision of the sole participant/shareholder) with the corresponding decision about gratuitous transfer/acceptance of gift/donation;
  • Document confirming appointment/powers of the specific representative of the legal entity – minutes/decision (not an order!) on the appointment of the head OR a notarized power of attorney for the representative;
  • Passport and presence of the signatory;
  • For a foreigner who is an official (head) of a resident legal entity – work permit.

For legal entities – NON-RESIDENT parties to the contract, additionally submit (only ORIGINALS!!!):

  • Extract from the trade/court register – legalized, with translation into Ukrainian;
  • Decision of the higher governing body of the non-resident legal entity about gratuitous transfer/acceptance of gift/donation – with notarized signatures of officials, legalized, with translation into Ukrainian;
  • Document confirming appointment/powers of the specific representative(s) of the legal entity (notarized power of attorney OR minutes/decision on appointment of the head) – legalized, with translation into Ukrainian;
  • Passport and presence of the signatory of the legal entity.

Legalized means a document bearing the APOSTILLE stamp or the stamp of the Ukrainian Consulate in the country of document issuance. Documents from some countries do NOT require legalization at all; an approximate list of such countries can be found here: https://frankfurt.mfa.gov.ua/konsulski-pitannya/zasvidchennya-dokumentiv/apostille

All necessary translations of foreign documents can be notarized on site (in advance!) provided that the translator visits with passport and diploma.

WARNING! Real estate transactions can be formalized NOT only for objects (apartment, house, building, construction, garage) located in Kyiv city. Notaries of Kyiv also formalize real estate located outside Kyiv, provided that one of the PARTIES of the transaction (seller and/or buyer) is registered in Kyiv city! (a certificate of displaced person, unfortunately, DOES NOT qualify).

COSTS (2025):

  • notary services (checking real estate and owner, preparation and execution of the contract, state registration of ownership change): 1% of the property value, but not less than 10,000 UAH.
  • possible taxes of the Donee (the person receiving the gift) in cases when the Donor and the Donee are NOT relatives of the 1st or 2nd degree of kinship (parents, children, spouses, grandparents, grandchildren, full siblings) – income tax (PIT) and 5% military tax; the presence and amount of income tax depends on several factors in each case and is calculated by the notary with provision of payment details to the Donee on the day of the transaction.

This is a comprehensive list of expenses.

WARNING! According to the law, GIFTING is a TWO-SIDED TRANSACTION! In addition to the presence and signature of the Donor, the personal presence and signature of the Donee (the person RECEIVING the property as a gift) are mandatory!

WARNING! State registration of ownership change of the real estate object is carried out by the same notary on the day of gifting – there is no need to go anywhere else! The Donee becomes the registered owner of the acquired property on the day the gifting is formalized.

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