Sale of real estate in Ukraine during the war: new rules and conditions
The real estate industry in Ukraine has recently undergone important legislative changes: from a ban on any action with real estate at the beginning of the war, to the opening of registries and even the resumption of the procedure for selling real estate by proxy. Also in our state, the process of certifying agreements on the sale of an apartment, house or land is regulated in a new way.
The updated Ukrainian legislation on the sale and purchase of real estate is mainly based on the fact that changes have been made to the work of notaries.
Flombu.ua portal experts advise you to familiarize yourself with the new rules and conditions introduced into the real estate purchase and sale procedure in accordance with the current legislation.
Monthly moratorium on the resale of real estate
If you bought, exchanged or received real estate as a gift, you will not be able to alienate this property within a month from the date when the state registration of ownership of it took place. The moratorium on the quick resale of real estate will continue until the end of martial law in Ukraine.
List of notaries authorized to work during the war
Only notaries authorized by the state to certify transactions in the field of real estate are authorized. Ukraine has created a list of notaries who can certify contracts for the sale, exchange or donation of real estate during martial law. Specialists not included in this list are prohibited from performing such actions.
The List of notaries who, under martial law, perform notarial acts on valuable property, is posted on the website of the Ministry of Justice of Ukraine.
Where can I certify a contract for the sale of real estate
Until June, Ukraine had a ban on signing agreements on the alienation of real estate only at its location. That is, if you were selling an apartment in Lviv, only a notary who registered his activity in this city could certify the transaction.
This rule has now been abolished. The “geography” of the certification of transactions in the field of real estate has expanded even to the possibility of choosing. You can certify the contract for the sale of an apartment or house by:
- the place where the property is located;
- place of registration of the buyer or seller;
- the location of the legal entity (if an organization or institution buys or sells real estate).
However, the requirement regarding a notary has not lost its force: only a specialist who is included in the List developed by the state can do this.
Is it possible to sell real estate that is located in a war zone
Now it is possible. However, note: you can sell real estate that is located in the territories where hostilities are taking place, included in the List of restricted areas.
Only a notary who is allowed to do this and whose data is included in the List of notaries who perform notarial acts on valuable property under martial law can certify a transaction for the sale and purchase of real estate in a war zone.
Thus, the main legislative changes in the procedure for the purchase and sale of real estate relate to the alienation of real estate during the war and are associated with the right of a notary to certify such contracts – for the sale, exchange or donation of an apartment or house.
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