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Registration of real estate property purchase during the war

April 05, 2022

Nowadays, hundreds of thousands of Ukrainian families need a large amount of housing. Wartime is not an obstacle either for construction operations where it is safe, or for the purchase of real property in a new building; there are all legal reasons for that, in particular: the registers of legal entities are in operation and therefore it is possible to sign Presale contracts and Sales forward contract.

Since late March, RIEL REC has partially resumed operation in part of our Lviv objects with a higher degree of readiness, in particular:

  • we determined the list of objects, the readiness of which allows to complete construction works and put them into operation within 3-4 months;
  • anyone can buy property in these objects;
  • we resumed building and installation work on these objects, even made plans to complete them as quickly as possible.

Therefore, it is mostly possible to purchase apartments and apartments by concluding a Presale Contract, commercial real estate (non-residential) by concluding a Forward Contract Purchase Agreement.

First of all, before signing the Presale Contract or the Forward Contract Purchase Agreement, the buyer must familiarize himself with all the documents, check information about the property, its legal status, etc. Undoubtedly, the conclusion of the Presale Contract or the Forward Contract Purchase Agreement and its notarization is the safest and legal way to purchase residential area.

And now let us have a look at the procedure of preparing documents for the purchase of apartments, according to the main points:

  1. An apartment Presale Contract is concluded in the form established for the main contract, in accordance with the first part of Article 635 of the Civil Code of Ukraine.
  2. All the main points should be agreed upon in the Presale Contract, namely:
    • apartment price;
    • procedure and terms of payment;
    • planned apartment building construction completion date;
    • total area, number of rooms, floor and filling.
  3. The parties (Seller and Buyer) agree on a clear term for the conclusion of the Basic Sales Agreement, according to which the Buyer obtains ownership of the apartment.
  4. The apartment Presale Contract must be notarized by the notary who works during the war and is included in the Notary Chamber of Ukraine list.
  5. In accordance with the laws and regulations of the Verkhovna Rada of Ukraine, the Cabinet of Ministers of Ukraine and the Ministry of Justice of Ukraine that relate to the activities of notary public bodies under martial law, there are no obstacles to the conclusion of Presale Contracts and their notarization.

The signing of the Basic Sales Agreements and the registration of the ownership right are currently not carried out, but this opportunity will appear immediately after the land-titling registries start working.

We will be happy to help everyone with the purchase of your new home.

Together towards the victory!

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