April 17, 2024
When conducting real estate transactions, a homeowner must provide proof of ownership of a specified number of square meters. This may be required when renting, selling, registering a redevelopment, and other actions. To avoid potential problems, the owner should know what documents in Ukraine certify the title to the apartment, and a potential buyer should understand how a document of title to a house or apartment looks like.
List of documents confirming title to the real estate
There are a number of documents that confirm title to the real estate. They can be divided into two categories:
- Document confirming the title to the apartment or other real estate. These include:
Certificate of Title issued before 2016.
Extract from the State Register of Rights to Real Estate, which certifies the registration of title. - Title documents confirming the basis of the property right. These include:
Sale and purchase agreements, deeds of gift, life estate and other notarized agreements.
Court rulings.
Certificates confirming the right to receive an inheritance, either by law or by will.
For example, when buying and selling an apartment, you must not only have the contract itself, but also enter all the data into the electronic register. An extract from the register will confirm the title to the property and the main specifications of the real estate property.
Where is the ownership of housing registered?
Title to the apartment is registered in the State Register of Real Estate Rights. This system is an all-Ukrainian state information platform that processes, stores and provides information on registered rights to real estate and its encumbrances. This makes it possible to ensure legal accuracy and transparency in the process of registering property rights to apartments in Ukraine.
How to obtain a real estate title document
To register title to the real estate, you can apply to:
- A notary, either public or private. They have access to the register and the right to register any real estate transactions.
- An administrative service center, where a public registrar is responsible for registering real estate ownership.
A notary can register an apartment (or house) immediately or within 5 business days, in accordance with Article 19 of the Law of Ukraine on Registration of Real Property Rights and Encumbrances.
Registering title to an apartment in a new building
Purchasing an apartment in a new building begins with the conclusion of an investment agreement with the developer, which grants the right to purchase real estate. Before signing this agreement, the buyer has the opportunity to check the developer’s activities for legality and transparency.
It is important to understand what documents the buyer receives after purchasing an apartment. Upon completion of construction and signing of the apartment transfer and acceptance certificate, the buyer receives the necessary documents, including the technical data sheet of the premises. After that, the buyer should contact a notary or a public registrar to register the title. After the documents are reviewed, an extract from the State Register is issued within five days, confirming the acquisition of title to the property.
If any disputes arise during the registration process, they can be challenged by contacting the Ministry of Justice at the place of residence or by filing a lawsuit.
Registering title to a mortgaged apartment
When registering title to a mortgaged apartment, you must provide a set of documents that differs from the standard list. This list includes:
- Mortgage agreement: the main agreement between the borrower and the bank that sets out the terms of the real estate loan.
- Investment agreement: a document that establishes the relationship between the developer and the investor, if any.
- Apartment transfer and acceptance certificate: a document confirming the transfer of the apartment from the developer to the buyer.
- Certificate of complete settlement with the developer: a document confirming the fact of full payment for the apartment to the developer.
- Developer’s document for the real estate property: a set of documents certifying the developer’s right to the real estate property.
- Receipts for payment of state fees: a document confirming payment of the necessary state fees for the registration of ownership.
- Technical data sheet of the premises: a document containing technical information about the apartment.
- Passport and identification code of the buyer.
It is important to note that although the buyer acquires title to the apartment, he or she cannot dispose of it until the full amount of the loan is repaid to the bank.
Title to a foreigner
When it comes to the title to an apartment purchased by a foreign national, it is important to note that the basic documents confirming the title remain standard. However, there are additional procedures that need to be followed to ensure that everything is formalized in accordance with the law.
First of all, a foreign citizen will have to legalize certain documents and obtain an individual taxpayer number (ITN). The main documents include a notarized translation of the passport. The original passport with a stamp of entry into the country and proof of legal stay in its territory must also be provided.
