Head of practice
Attorney. Specialist in commercial and labor law. Over 16 years of experience in legal support of businesses - debt recovery, contract enforcement, recovery of damages, commercial property and lease disputes.
Support for the purchase of an apartment by a foreign citizen in Ukraine
Are there any restrictions on foreigners buying apartments in Ukraine?
Ukraine is becoming increasingly attractive for foreigners to buy real estate. This article is designed to describe the key features and restrictions that foreigners need to consider before concluding any agreements on the purchase and sale of residential real estate in our country.
As a general rule, foreign citizens in our country can freely purchase an apartment, house, or other non-commercial real estate. Although there are still certain restrictions: foreign citizens cannot buy agricultural land in accordance with the provisions of the current Land Code of our country. At the same time, foreigners can buy land plots for construction.
Moreover, by purchasing an apartment, a foreigner creates the appropriate conditions for himself to subsequently obtain a temporary residence permit (if there are other grounds provided for by law). This issue is described in more detail in the article by a migration lawyer from the company “Prikhodko & Partners”.
Stages of buying an apartment by a foreign citizen in Ukraine: main points
Buying real estate in Ukraine for foreign citizens is quite possible if you follow the correct and step-by-step procedure for its implementation. It has its own characteristics and requires careful attention to detail.
The first stage is the preparation of documents and verification of the good faith of the parties. For foreigners, the mandatory list of documentation includes:
- first, a foreign passport (original and notarized translation into Ukrainian);
- second, an identification code officially obtained in our country. To obtain a code, you should separately apply to the State Tax Service with a corresponding application;
- finally, any optional documents, the list of which depends on each content case (for example, a certificate of marriage with a citizen of Ukraine, a power of attorney in case of participation in the process of a representative of a foreigner, etc.)
Before concluding a transaction, it is also necessary to carefully check the object by analyzing the seller's documents (confirming ownership of the apartment, the absence of any encumbrances on it), checking the developer for new buildings (in particular, the developer's license, construction permit, company reputation, etc.), and conducting a legal analysis of the content of the purchase and sale agreement.
The next step will be to resolve optional issues for a smooth completion of the transaction. In particular, to make payments for real estate, it is necessary to open an account in one of the Ukrainian banks (some Ukrainian banks also offer mortgage lending programs for foreigners).
Finally, the last step is to conclude a residential real estate purchase and sale agreement between a citizen and a foreigner and register the ownership right to it. The agreement must be certified by a Ukrainian certified notary. If the buyer does not speak Ukrainian, it is also necessary to invite a certified translator. After signing the agreement, the notary also registers the ownership right to the apartment in the State Register of Real Property Rights to Real Estate, provides the buyer with documents confirming it, upon completion of all necessary procedures.
Legal support for the purchase of an apartment by a foreign citizen in Ukraine
Purchasing real estate in Ukraine for foreigners is a responsible and complex process. That is why legal support from specialists of the Law Firm “Prikhodko & Partners” is extremely important for foreign citizens, as it ensures the security and legality of the transaction.
Our lawyers offer comprehensive support for buying an apartment for foreign citizens in Ukraine, which includes:
- preliminary consultation with a lawyer - detailed information on all issues related to buying an apartment, taking into account the individual situation of the client; clarification of rights and obligations, the procedure for completing the transaction, etc.;
- verification of the real estate object and the seller's identity (legal Due Diligence) - thorough verification of documents on ownership, information about the owner (owners), possible legal disputes regarding the apartment, analysis of technical documentation for the real estate object, etc.;
- preparation of all necessary documents for the transaction - legal analysis of the apartment purchase and sale agreement, translation, notarization of the foreigner's documents for the transaction, assistance in obtaining a TIN in Ukraine (if necessary);
- legal support for concluding a transaction - participation in negotiations with the seller, etc.
What is the tax on buying an apartment by a foreigner in Ukraine?
Buying real estate in Ukraine for foreign citizens, as well as for residents, is accompanied by the payment of a number of taxes and fees. However, if a citizen is obliged to pay 5% or 18% (depending on the legal status of the person), military duty and contribution to the Pension Fund, then a foreigner is only required to pay a 1% contribution to the Pension Fund of Ukraine during the notarization of the apartment purchase and sale agreement. It is worth noting that this percentage is deducted from the amount stipulated in the agreement between the counterparties. However, there are cases when it can be returned by submitting a corresponding application to the territorial department of the Pension Fund.
Thus, foreign citizens have the right to freely buy apartments in Ukraine. Before concluding an apartment purchase and sale agreement in Ukraine, foreign citizens must carefully familiarize themselves with the current legislation and check all the necessary documents.
Lawyers of “Prikhodko and Partners” have many years of experience working with foreign citizens on issues of disposal of real estate in our country, therefore they can guarantee professionalism and an individual approach in solving the client’s request. To find out the cost of legal support, fill out the form below.
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