Purchase and sale of real estate

Services Provided

Purchase and sale of real estate

LIST OF DOCUMENTS (ORIGINALS ONLY!!!)

  • Title document for the real estate object (Certificate of Ownership, Sale-Purchase Agreement, Gift (Donation) Agreement, Certificate of Inheritance, etc.);

ATTENTION: if the document of ownership is dated before August 2010, in most cases an Information Certificate of the BTI is additionally required (confirms the rights of the owner). In case the real estate is located in the city of Kyiv, the notary receives such a certificate independently in advance, the term is 3 working days or 1 month, the certificate is to be paid (paid by the client when ordering it). If the property is located outside the city of Kyiv, the information certificate is obtained by a notary with the participation of the property owner (seller).

ATTENTION: in the event the title (ownership) document does not contain data on the area of the object – general (for all types of real estate) and residential (for apartments and houses) – a Technical Passport is additionally required. The requirement for mandatory registration and registration of a new (fresh) Technical Passport is NOT applied during the period of martial law!

ATTENTION: in case of notarization of the sale of a land plot and a house/building located on it (if any) – the land plot must have a CADASTRAL NUMBER (requirement of Articles 120 and 132 of the Land Code). If there’s no CADASTRAL NUMBER, please contact any certified land surveyor (currently this is a quick procedure, however payable).

ATTENTION: in case of notarization of a land plot, the notary at the preparatory stage receives the relevant extract from the State Land Cadastre using the existing cadastral number, but in many cases the information about the land plot in the State Land Cadastre contains many errors. That requires updating the data about the plot through a land surveyor (paid, fast, no need to go to the location of the plot) or through a cadastral registrar (minimum payment, longer term, you need to go to the registrar at the location of the plot). In this regard, the preparation of a real estate transaction (purchase and sale) of land may take an additional number of days to update the data about the land plot.

  • in case the real estate transaction is taxable – an assessment of the market value of the real estate is required (done by a licensed appraiser or on the website of the State Property Fund – https://evaluation.spfu.gov.ua/ – using an electronic signature key).
  • in case of sale of residential real estate located outside of Kyiv – an official list of registered residents (obtained through the Administrative Services Centre (ASC) or local village/settlement council) or House Book (for a residential house) is required;
  • in case of sale of a residential/non-residential house, building – a title document for the land plot under the house/building is required; such a document must necessarily contain the cadastral number and area of the land plot (requirement of Articles 120 and 132 of the Land Code);
  • if the property has co-owners – a notarized statement of the co-owner about the waiver of her/his pre-emption right or his\her personal appearance with a passport, identification code and the title (ownership) document is required;
  • if minor/young children are registered in the residential real estate (apartment, house) – the relevant consent of the guardianship authorities at the place of residence of the child is required (obtained by the parents through the ASC);
  • if the real estate is pledged (under mortgage) – Consent of the mortgagee (bank) to the sale of the mortgaged property is required.

For individuals who are parties to the contract, the following documents are additionally submitted (only ORIGINALS!!!):

  • Passport, certificate of identification number (Ukrainian identification number must be obtained even by a foreigner!);
  • If the property is the object of spouses’ joint ownership – a notarized Statement-consent of the Seller’s spouse OR her/his personal appearance at the notary with a passport and identification code no later than the day of the purchase and sale; Marriage certificate;
  • If the Buyer is married – a notarized Statement-consent of the Buyer’s spouse OR her/his personal appearance at the notary with a passport and identification code no later than the day of the purchase and sale; Marriage certificate;
  • Foreign individuals need to stay in the territory of Ukraine on a legal basis, that is checked by a notary through passport control stamps analysis in the foreigner’s passport (the number of days of legal stay in Ukraine according to the stamps cannot exceed 90 per) OR by a temporary residence permit OR a permanent residence permit.

For legal entities-RESIDENTS that are parties to the contract, the following documents are additionally submitted (ORIGINALS only!!!):

  • Charter;
  • if the decision to purchase/sell real estate is mandatory according to the Charter – the Minutes of the Participants’ General Meeting (Decision of the sole participant/shareholder) with the relevant decision on purchase/sale is required;
  • a document confirming the appointment/authority of the representative of the legal entity – minutes/decision (not an order!) on the appointment of a CEO, OR a notarized power of attorney for a representative;
  • passport and presence of the signatory;
  • for a foreigner who is an official (manager) of a resident legal entity – a work permit.

For legal entities–NON-RESIDENTS that are parties to the contract, the following documents are additionally submitted (ORIGINALS only!!!):

  • Extract from the trade/court register – legalized (if required by law), with a translation into Ukrainian;
  • Decision of the highest management body of a non-resident legal entity on the purchase and sale of real estate – with notarized signatures of officials, legalized, with a translation into Ukrainian;
  • Document confirming the appointment/authority of a specific representative(s) of the legal entity (notarized power of attorney OR minutes/decision on the appointment of a CEO) – legalized (if required by law), with a translation into Ukrainian;
  • passport and presence of the signatory of the legal entity.

A document with an APOSTILLE stamp or a stamp of the Consulate of Ukraine in the country of issue of the document is considered legalized. Documents from some countries do NOT require legalization at all, for an approximate list of such countries see https://frankfurt.mfa.gov.ua/konsulski-pitannya/zasvidchennya-dokumentiv/apostille

All necessary translations of foreign documents can be notarized by the notary (in advance!) provided the translator visits the notary with her\his passport and diploma.

ATTENTION!

1. Real estate agreements can be executed NOT only for objects (apartment, house, building, structure, garage) located in the city of Kyiv. Notaries of the city of Kyiv also execute real estate located outside of Kyiv, provided that one of the PARTIES to the agreement (seller and/or buyer) is registered in the city of Kyiv! (a certificate of a displaced person, unfortunately, is NOT applicable).

2. Purchase and sale agreements using housing certificates are executed subject to the previously registered termination of ownership of the destroyed real estate object(s) (unfinished construction object(s)). After the purchase notarization a ban on alienation for a period of 5 years is imposed on real estate object purchased using a housing certificate (Law of Ukraine dated 02/23/2023 No. 2923-IX).

COSTS (2025):

  • notary services (check of real estate and owner, preparation and execution of the contract, state registration of the change of owner): 1% of the sale price, but not less than UAH 10,000.
  • Pension Fund fee (1% of the cost of any object, except land) – according to the law, the Buyer pays;
  • possible seller taxes – income tax (personal income tax) and 5% military levy; the presence of taxes and the amount of personal income tax depends in each case on several factors and is calculated by the notary with the provision of the seller with details for paying taxes on the day of the transaction;
  • bank commissions for transferring payment under the contract, taxes and fees.

This is an exhaustive list of costs.

ATTENTION! the state registration of the change of owner of the real estate object is carried out by the same notary on the day of registration of the purchase and sale – you don’t need to go anywhere else! The buyer becomes the registered owner of the purchased property the same day.

AN EXCEPTION is the CASE when the purchase and sale agreement establishes a PAYMENT DELAY and at the same time the MOMENT OF TRANSFER OF OWNERSHIP from the SELLER to the BUYER is connected by agreement of the PARTIES with the MOMENT OF FINAL PAYMENT OF THE OBJECT. In the latter case (payment by installments), after paying the full price of the real estate, the Buyer receives a document confirming full payment (bank statement or notarial statement of the Seller on receipt of full payment) and applies to any state registrar AT THE LOCATION OF THE REAL ESTATE OBJECT for state registration of his ownership title to the object.

Other services