- Execution time:
from 2 hours
- Make an order
- Documents for an individual:
Passports and TINs of the parties, Consent of a property owner’s spouse, in case the owner was married when purchasing the property, as well as passport, TIN, marriage certificate or a notarized permit application, executed before
- Documents for a legal entity representative:
Legal entity documents (articles of association, extract), Director’s (company authorized representative’s) passport and TIN and documents confirming the director’s authority (order of the director’s appointment, minutes of election of the director), notarized power of attorney, if the authorized person is acting., Seal, Legal entity’s decision to conclude a tenancy agreement (minutes of general meeting)
- Required real estate documents:
Real estate title documents , Technical certificate for real estate , Real estate expert assessment report, Certificate of registered persons, if the property is not in the city of Kyiv (if the property is in the city of Kyiv, before consultation it is necessary to check whether your apartment is included in the register of registered persons. If not, then you should additionally contact the Administrative Services Centre for entering the data), If minors are registered in the apartment, then it is necessary to obtain permission from the guardianship authorities to conclude an agreement, If the title of ownership arose before 2013, you should obtain from the Technical Inventory Bureau a fact sheet stating that as of 01.01.2013 the property belonged to the seller, Besides, the documents are required for the land plot where the house is located (documents confirming the title to the land, extract from the national land cadastre. If the land is not privatized, only an extract from the national land cadastre is provided)
- Please note:
Sale and purchase agreement for a house is certified by a notary at the location of the property or at the place of registration of one of the parties.
That is, a notary of the city of Kyiv can certify the agreement if the property is located within the city of Kyiv or one of the parties to the agreement is registered in the city of Kyiv.
It should be noted that the cadastral number of a land plot on which the house is located is an essential condition for the sale and purchase agreement for the house.
If the land on which the land plot is located is privatized, 2 contracts are executed simultaneously: sale and purchase agreement for the house and sale and purchase agreement for the land plot.
When concluding any deeds which involve a residential house, you should not forget about the land plot on which the house is located. Our laws prohibit any situations when the land plot and the house located on this land plot have different owners.
If a land plot is privatised and owned by the house owner, the property right for the house must be reregistered simultaneously with the reregistration of the property right for the land plot. It means that along with the agreement for purchase and sale of the house, you must execute an agreement for purchase and sale of the land plot.
A land plot may be transferred to the owner of the house from the communal property into the temporary use. In this case, the agreement for purchase and sale of the house should describe this land plot specifying its cadastral number.
Currently, all agreements for purchase and sale of real estate shall be notarised, which secures their legality. Today, a notary, when certifying an agreement for purchase and sale of a house and a land plot, at the same time registers the new owner’s property right with the State Register of Proprietary Rights to Immovable Property. It means that when you leave the notary’s office, you are already a rightful owner of the house and you do not need to register your property right with any other authorities.
When certifying an agreement for purchase and sale, a notary checks all documents submitted to conclude the agreement, any bans or prohibitions on the alienation of the house, the validity of the power of attorney (in case the agreement is concluded by an attorney).
Note that if a house has been owned by the seller for over three years and the sale of this house is a first sale of real estate during the year, the income resulted from the sale is tax-exempt.
- Question-answer::
How to draw up the House Purchase/Sales Agreement correctly?
In order for the Purchase/Sales Agreement to be recognized as valid, the document should be notarized. Before signing the agreement, the notary carries out all the necessary checks, and after signing the contract, he/she enters the new owner of the real estate into the register.
How can I recover the House Purchase/Sales Agreement?
If you have lost your Property Purchase/Sales Agreement, it can be restored. For this, you have to turn to the notary before whom the agreement was concluded.
What papers are required for conclusion of the House Purchase/Sales Agreement?
To draw up a House Purchase/Sales Agreement, the parties must provide their passports, TINs, the house and land plot ownership title. For persons who are married, the consent of their spouses for the transaction is required. In this case, you should provide a marriage certificate, too.
