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EXPERT MONEY EVALUATION OF THE LAND ACCORDING TO THE ALIENATION OF THE LAND BY A LEGAL ENTITY: IS IT MANDATORY OR NOT?

As provided by current legislation, the transfer of ownership through the conclusion of civil law agreements is carried out in accordance with the provisions of the Civil Code of Ukraine.

The fundamental principles of civil law are freedom of contract. This provides for the freedom of the contract, free choice of contractor and determination of the terms of the contract, taking into account the terms of this Code and other acts of civil law, customs of business.

Article 632 of this Code provides that the price in the contract is set by agreement of the parties.

According to the fourth part of Article 201 of the Code, expert monetary valuation is used in the implementation of civil law agreements on land.

At the same time, the legal basis for land valuation is regulated by the Law of Ukraine “On Land Valuation”, which contains a list of cases of mandatory monetary valuation of land:

  • alienation and insurance of those who have state or municipal property rights;
  • mortgage of land of state or communal property; according to the law;
  • establishing the value of land plots belonging to state or communal property, in the case of making such contributions to the authorized capital of the company;
  • establishing the value of land belonging to state or municipal property.

Monetary valuation of land may be carried out with the consent of the parties to the agreement. Agreements on the transfer of ownership of land are concluded in writing and notarized.

In accordance with the procedure for performing notarial acts by notaries of Ukraine, the notary does not require a report on the expert monetary valuation of land, which is alienated by a legal entity.

Notary during the certification of transactions for the sale (exchange) of real estate notary checks the content of the electronic certificate of appraisal value of real estate for the accuracy of data on real estate, unique registration number and date of formation of this certificate or registration of valuation report in the Unified base and the availability of a unique registration number assigned to it, as well as compares information about the subject of appraisal activity (appraiser) and the market value of real estate, which are contained in the appraisal report, with the data of the Unified database.

Thus, when certifying transactions for the sale (exchange) of real estate notary in order to enter in the Unified database of information on the price of the transaction must check the registration of electronic certificate of appraised value of real estate, and if the Unified database registered Report about the assessment, check its registration.

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