Real Estate Lawyer in Kyiv

Natalia Chatskis

 

Examples of our reviews

Legal Consultation

In Ukraine, real estate is considered the most reliable investment. To avoid problems with unscrupulous developers and other force majeure circumstances, one should not economize on legal consultation when searching for property. Experienced lawyers will conduct due diligence for clients and significantly reduce the risks of the investment object and help make the right decision. A common mistake made by people who want to invest in real estate is relying on notaries to protect their interests, and even more mistaken is relying solely on realtors’ conclusions. Purchasing a real estate object, whether on the primary market at any stage of construction or on the secondary market, always involves risk.

Legal due diligence of real estate

Before acquiring real estate, the legal aspects of the matter should be checked. Legal due diligence of real estate includes several stages and depends on whether the person wants to invest in primary or secondary market property.

Primary market property check

1. Developer check:

• the company’s business reputation,
• the package of permit documents for carrying out the work,
• construction documents,
• the sales agreement and scheme,
• technical and urban planning documents.

2. Document check:

• building permit,
• verification of rights to the land plot intended for construction for proper land use,
• search for court disputes related to the construction project (new building),
• technical conditions for construction (verification of communications),
• type of contract (participation agreement in the Construction Financing Fund, derivative agreement + sale and purchase agreement, preliminary agreement).

3. Check of construction participants:

• reputation checks in registries of all construction participants (developer, owner of the land plot for construction, general contractor),
• check the developer for tax debt,
• presence of encumbrances,
• agreements on joint construction activities.

A reputable developer’s project portfolio should definitely include completed and commissioned projects. It is also advisable to consult materials from the Association for the Assistance of Affected Investors.

Secondary market property check

When investing in the secondary market, you need to make sure:

• whether the apartment actually belongs to the counterparty,
• whether minor children are registered (residents) there,
• whether there are outstanding utility debts,
• what rights besides ownership are registered,
• check for encumbrances (mortgage, prohibition on disposal, seizure).

Contract review

Any transfer of ownership rights to a real estate object is formalized by a sale and purchase agreement, which is certified by a notary. After all legal registration procedures, information about the new owner is entered into the State Register of Property Rights to Real Estate. When drafting the sale and purchase agreement, the parties may act either independently or through their representative. It is necessary to carefully review the powers of the representative specified in the power of attorney. The terms of the agreement under which the property is purchased depend on the stage of readiness of the housing at which it is concluded. In any case, attention should be paid to the main points:

• whether the property price is specified,
• the date of commissioning,
• price, amount and payment procedure under the agreement,
• the mechanism for registering ownership rights,
• liability for poor performance, timeframes and conditions for rectification,
• payment schedule when arranged in installments,
• contract termination,
• verification of additional documents depending on the investment options in a new building.

Support for signing real estate transactions

What is important to bring with you to a transaction when accompanied by a real estate lawyer? You should pay attention to the title document (certificate of ownership, gift agreement, extract from the State Register of Property Rights to Real Estate). One of the important documents for registering ownership of an apartment from the developer is the technical passport. To prepare it with a certified specialist, you need to collect a certain package of documents: the future owner’s passport, identification code, additional agreement to the investment contract, acceptance certificate for the apartment. It is important to have the agreement signed between the investor and the developer, all additional agreements to it, as well as a document confirming that the developer has commissioned the new building and assigned it a postal address.

Acceptance of an apartment in a new building

Acceptance of an apartment in a new building is the long-awaited final stage, which is accompanied by the signing of the Acceptance Certificate. When signing the certificate, special attention should be paid to the apartment components: windows, communications, heating, ventilation, seams. Developers do not always hand over the apartment in the condition stipulated in the contract and in accordance with DBN standards, GOSTs and SNAP. The most important things to remember when accepting housing in a new building are:

• no one has the right to limit the time you need to inspect and accept the apartment;
• you may come to accept the apartment with an authorized person;
• do not sign the acceptance certificate until all defects are corrected. Otherwise, correcting the problems may take a long time or the cost of fixing defects may fall on the investor;
• as a result, prepare a report on the technical inspection of the object, certified by the signature and seal of a certified specialist;
• record all violations in the defect report indicating the deadline for their correction by the developer.

Our advantages

A good real estate lawyer is a good advisor and negotiator. The main principle of our company’s work in the real estate sector is to avoid mistakes and successfully develop our expertise in a specific segment in accordance with the law. In their work, a real estate lawyer does not influence negotiations, disputes, or the signing of agreements. They provide the maximum possible amount of information on the topic, forecast possible development scenarios, but the final decision remains with the client. A real estate lawyer will explain all risks so that the client can make the right decision and be satisfied after the consultation. They can explain complex matters simply. Our lawyers will prepare the legal framework related to the conclusion of the transaction.

Real estate lawyer consultation

The very fact of investing in real estate is a very responsible step that should be taken only after a detailed legal consultation. Given the high cost per square meter of real estate, a legal service will help avoid possible risks and provide comprehensive answers to clients’ questions. Your knowledge is your security. The necessary information can be verified by a real estate lawyer who knows which registries to work with, what permits must be in place for construction, and what the financing scheme should be. Within the legal framework, a lawyer checks the entire history of the object, starting from the beginning of construction, what disputes arose or currently exist regarding the developer, the intended use of the land, and the presence or absence of third-party claims on the property.

This is the value of a legal consultation. Your risks are assessed objectively, not subjectively. During the consultation, clients may have questions requiring unconventional solutions. The lawyer develops a roadmap that helps to further clarify the situation.

Nakaz’s lawyers analyze the client’s situation and select the right solution to achieve the desired result. In addition, the company has the capability to provide full support for a real estate transaction from the moment of selection and documentary verification of the developer’s reliability to the signing of the contract. Practice shows that seeking legal services significantly reduces the likelihood of ending up in court defending your rights, thereby avoiding financial costs.