WANT TO PURCHASE THE HOUSE OR LAND IN UKRAINE? ANSWERS TO ALL YOUR QUESTIONS HERE!
1) Is it possible to find real estate for yourself?
Of course you can find real estate yourself, but is there then a guarantee that you will not be deceived? To avoid negative consequences that may occur in connection with the conclusion of a contract of sale of real estate, you should contact a real estate agency that will provide quality real estate services, thereby ensuring you the maximum efficiency of real estate transactions, as well as the legality and security of transactions.
2) Is it obligatory to use the services of a lawyer for the transaction and its accompaniment?
One of the main advantages in using the services of a lawyer is the implementation of all necessary actions related to the preparation of documents necessary for signing an agreement on the sale and purchase of real estate, checking the real estate object for encumbrances (restrictions) on it, checking the identity of the seller / buyer, At the conclusion of the contract of sale, its notarial certification and the like. It is desirable to use the services of a lawyer at all stages, as he will check the legality of all actions, checking and collecting the necessary documents, if necessary, by protecting your rights and legitimate interests. Thus, the lawyer guarantees you the security of the consequences of the conclusion of the transaction, and accordingly - the calmness for your real estate.
3) Is there any benefit from the services of a realtor?
The appeal of potential real estate buyers / sellers on the provision of real estate services is extremely advisable, as it, first of all, guarantees the maximum safety and efficiency of real estate transactions. So, among the advantages of real estate services, you can note: you save your own time, as the realtor will carry out visits to inspect the facilities, while looking for such a housing that would best meet your wishes and expectations. Since realtors know the real situation in the real estate market, this can provide you with the best possible deal (sell more expensive, purchase cheaper). Thus, rietorski services save your time, ensuring the safety and quality of transactions on real estate.
4) What is a fee to a realtor for services?
When concluding a contract with a real estate agency for the provision of services, the amount of remuneration for the performer is determined by agreement of the parties and is calculated as a percentage of the price of the property that constituted the subject of the contract.
Which of the parties to the contract of sale of real estate will pay a fee to a realtor is also determined by agreement of the parties (the seller and the buyer), as indicated in the agreement on the intentions for the purchase and sale of real estate. So, all costs under the basic contract are paid by the Seller / Buyer / Parties equally.
5) Do I have to know the Ukrainian language?
According to Art. 16 of the Law of Ukraine "On the Basics of the State Language Policy" of 03.07.2012 No. 5029-VI, notarial record keeping in Ukraine is carried out in the state language. If a person who applied for a notarial act does not speak the state language, upon his request, the texts of the documents to be issued must be translated by a notary or an interpreter in the language he owns.
6) What documents are needed for the buyer?
To conclude a contract of sale, the buyer must provide the notary with such original documents: a passport, a certificate of assignment of an identification number. If the buyer is married, it is also necessary to provide a marriage certificate and the passport of the other spouse, the consent of the other spouse for the commission of such a transaction. A certificate of divorce or a court decision on divorce, a certificate of death of the second spouse if the marriage certificate is in the passport of the buyer, and there are no marks on registration of divorce. Birth certificate of a child / passport of a minor (if at the time of the conclusion of the contract she turned 16 years old).
If the buyer is a minor or minor, it is necessary to provide a child's birth certificate, a certificate of assignment of the identification number, as well as the permission of the guardianship and trusteeship authority for the conclusion of such an agreement.
The restriction on the acquisition of immovable property in relation to foreign citizens and stateless persons applies only to agricultural land. With regard to the acquisition of property by a foreign citizen or a stateless person of buildings, structures, houses, apartments, etc., then there are no restrictions.
In the event that a person is a citizen of another state (a foreigner), the notary is provided with the corresponding passport document of the state of citizenship of the person or a document that replaces it in accordance with the legislation of this state
7) Who and for how much should I check the real estate for arrears, arrests, etc.?
In order to avoid problems related to the existence of the rights of third parties to real estate, it is necessary to check whether such property is under arrest, a pledge like that. This check can be done online. To do this, you need to register with the Cabinet of Electronic Services of the Justice Ministry of Ukraine, make an application for an information certificate (extract) from the State Register of Rights to Real Estate, which will contain information on the presence / absence of restrictions (encumbrances) on real estate. The service is chargeable (the cost of one request is 20 UAH, the commission is 3 UAH).
It should also be noted that according to paragraph 1.13 of Chapter 2 of the Procedure for Notarial Actions by Notaries of Ukraine No. 296/5 of February 22, 2012. If there is a prohibition, the transaction for the alienation of property burdened with debt is certified only if the creditor and the acquirer agree to transfer the debt To the acquirer.
8) How is payment made?
The price, conditions and the form of settlements are essential conditions of the contract of sale. Payment can be made both in national currency and in foreign currency (subject to agreement of the parties on the rate at which the seller can exchange the received funds for the hryvnia). It should be noted that in accordance with the Resolution of the Board of the National Bank of Ukraine No. 210 dated 06.06.2013, the maximum amount of cash payments between individuals under purchase and sale contracts that are subject to notarization is UAH 50,000. Therefore, individuals have the right to make settlements in an amount exceeding UAH 150,000. By transferring funds from the current account of the buyer to the seller's account, depositing and / or transferring funds to current accounts (including the notary's deposit into a separate current account in national currency ). In non-cash form, payments should be made for the total amount of the contract regardless of the amount of each payment. The prerequisite for the implementation of such calculations is the availability of an open current account of a physical person-seller until the conclusion of the contract of sale.
According to the Clarifications on the application of the NBU regulations on the limitation of cash payments (NBU Letter No. 11-116 / 3159 of January 24, 2014) to resident individuals and non-resident individuals in settlements under the contract of sale of property, is not an object of a foreign Investing in Ukraine, it is recommended to carry out the following operations, using a separate current account of the notary.
9) Why do I need a notary?
If the amount of the contract of sale exceeds UAH 50,000, the notary must carry out the certification of such a contract after it is ascertained that the parties have complied with the requirement to conduct settlements in a non-cash form. Confirming documents on making settlements in cashless form are documents received when transferring funds from the current account of the buyer to the seller's account, during the opening by the buyer of the deposit account in the name of the seller, when depositing / transferring funds into the deposit to a separate current account of the notary; The use of a letter of credit in the form of cash payments to the current account of a physical seller.
To certify the contract of sale of the property there is a list of necessary documents. These documents are prepared by the parties, as may be specified in the preliminary agreement, if any. If an agreement is concluded between the party and the real estate agency on the provision of services, the agency's lawyer can deal with the preparation of documents.
10) How quickly does the contract come into force?
In accordance with Art. 657 of the Civil Code of Ukraine, the contract of sale of a residential house (apartment) or other immovable property is concluded in writing and is subject to notarization and state registration. According to Part 3 of Art. 640 of the Civil Code of Ukraine, a contract subject to notarization and state registration is considered concluded from the moment of its state registration. Today, state registration of rights to real estate can be carried out by a notary, simultaneously with the certification of a contract of sale of real estate, or at the Center for the provision of administrative services.
Thus, the agreement comes into force from the moment of state registration of rights to real estate.
11) Is it possible to verify the agreement somewhere?
If the questions arise under the terms of the contract of sale until it is signed, you can contact a lawyer who will provide legal advice and explain all the disputable provisions of such a contract. When certifying a transaction on the alienation of immovable property from a notary, the latter verifies the civil legal capacity and capacity of the parties to the contract, the powers of their representatives, the will and the validity of the persons' intentions, requests and verifies the information and documents necessary for the performance of such notarial action, for their legitimacy, reliability and correctness Clearance. However, even after notarization of the contract and state registration of rights to immovable property, a person has the right to apply to a lawyer for the purpose of consulting, and in case of revealing violated rights and interests protected by law, a person can apply to the court for their protection in accordance with the norms of the current legislation. As a consequence, the contract of sale of real estate can be recognized as invalid.
12) How much in general will it be necessary to pay?
For the performance of notarial acts by the legislation of Ukraine, and in particular the Decree of the Cabinet of Ministers "On State Duty" of 21.01.1993 No. 7-93, payment of the state fee is envisaged (if the actions are performed by a notary public). Private notaries perform notarial actions for a fee, established by agreement, but not less than the amount of state duty rates. According to the Decree, for the performance of notarial acts related to the certification of contracts of alienation of apartment houses, apartments, rooms, cottages, garden houses, garages, and other real estate objects owned by a citizen who exercises such alienation, the rate of state duty is 1% Amount of the contract, but not less than one non-taxable minimum of incomes of citizens (17 UAH).
The amount of remuneration for the provision of real estate services depends on the amount specified in the contract for the provision of such services.
13) Are there any "surprises" or taxes that need to be paid attention?
The Tax Code of Ukraine, art. 266, provides for a tax on immovable property that is different from the land plot. So, tax payers are physical and legal persons, including non-residents, who own residential and / or non-residential real estate objects. The base of taxation is the total area of the residential and non-residential real estate object, including its particles.
Tax rates for residential and / or non-residential real estate objects owned by individuals and legal entities are established by decision of the village, township or city council depending on the location (zonality) and types of such real estate objects in the amount not exceeding 2 percent of the minimum wage Fee, established by law on January 1 of the reporting (tax) year, for 1 square. Meter base. The tax base for the object / residential real estate objects, including their shares owned by the taxpayer's individual, is reduced:
A) for apartments / apartments, regardless of their number - by 60 square meters. Meters;
B) for a residential house / houses, regardless of their number - by 120 square meters. Meters;
C) for various types of residential real estate objects, including their shares (in case of simultaneous presence in the property of the taxpayer of apartments / apartments and houses / houses, including their parts) - by 180 square meters. Meters.
On land plots, according to the Tax Code of Ukraine payers of land tax are payers of the tax are: owners of land plots, land shares (shares) land users.
The tax rate for land plots whose normative monetary valuation is carried out is set at a rate of not more than 3 percent of their normative monetary estimate, for public lands, no more than 1 percent of their normative monetary estimate, and for agricultural land not less than 0.3 Percent and not more than 1 percent of their normative monetary assessment.
14) Are there any specific features in the acquisition of agricultural land and commercial real estate?
Features of the acquisition of agricultural land is the need to provide the notary with documents for land, in particular, technical documentation for land management in relation to the establishment of the boundaries of a land plot in kind (on the ground) for the construction and maintenance of a residential house, economic buildings and structures, Extraction from the State Land Cadastre, certificate On the lack of buildings, facilities, expert-monetary valuation of the land plot, etc.
However, it should be noted that in accordance with Part 5 of Art. 22 of the Land Code of Ukraine, agricultural land can not be transferred to foreign citizens, stateless persons, foreign legal entities and foreign countries. At the same time, according to Article 81 of the Land Code of Ukraine, foreigners and stateless persons can acquire the right of ownership of land plots in accordance with part two of this article in the case of:
A) purchase under a contract of sale, gift, barter, other civil law contracts;
B) redemption of land plots on which real property is located, owned by them on the right of ownership;
C) acceptance of inheritance.
However, according to part 4 of article 81, agricultural land, taken as an inheritance by foreigners, as well as stateless persons, is subject to alienation within a year.
Commercial real estate can be the subject of any envisaged or at least not prohibited by law transaction, for the execution of which you need the same documents as I do for the sale of an apartment or an apartment house. However, usually the parties to such an agreement are the national currency; Persons, therefore, such parties must also provide such documents as: a certificate of state registration of a legal entity or an extract from the State Register of Legal Entities and Individual Entrepreneurs, a charter, a certificate from the statistics office in which the legal entity is registered, a certificate or certificate of tax accounting, the general meeting protocol of the legal entity of the purchase / sale of property, order on appointment of the Director, passports and identification numbers represented ext to a legal entity, and the like.