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IS IT POSSIBLE TO REFORM REAL ESTATE IN UKRAINE IF YOU ARE ABROAD?

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Publication date: 02.09.2024

IS IT POSSIBLE TO REFORM REAL ESTATE IN UKRAINE IF YOU ARE ABROAD? – LEGAL CONSULTATION

With the start of a full-scale war in Ukraine, many Ukrainians left abroad and are now forced to solve important matters in the Motherland remotely, in particular the issue of re-registration of real estate.

If you are abroad during the martial law in Ukraine and want to re-registrate your apartment remotely, this article will be useful for you.

How to reregister real estate while abroad?

For re-registration of real estate in Ukraine, while abroad, it is necessary to perform several important steps. First of all, you need to collect and prepare all the necessary documents:

  • Passport or other identity document
  • Registration number of the taxpayer's registration card
  • Documents confirming ownership of real estate (agreement of sale, certificate of ownership, extract from the register, etc.)
  • Power of attorney for another person who will represent your interests

How to properly issue a power of attorney

If you cannot be in Ukraine in person, you should issue a power of attorney for a person who can act on your behalf. This will allow your representative to perform all necessary legal actions on your behalf.

A power of attorney can be obtained from a notary public in the country where you are located. The notary must confirm your identity and your consent to issue a power of attorney.

Depending on the country of your stay, the power of attorney may require legalization or apostillation to recognize its validity in Ukraine. Check whether your country is a party to the Hague Convention, which abolishes the need for legalization of documents.

If your country is a signatory to the Hague Convention, you need to obtain an apostille for power of attorney from the relevant authority. If the country is not a party to the convention, it will be necessary to go through the legalization procedure through the consular institutions of Ukraine.

In addition, the power of attorney must be translated into Ukrainian and notarized to ensure its correct interpretation in Ukraine.

What rights does the authorized person have?

A representative, together with a notary, draws up an agreement on the re-registration of real estate, for example, a contract of sale or donation. It is important that all documents meet the requirements of Ukrainian legislation.

Using a power of attorney, the representative signs the agreement on your behalf. The notary certifies the agreement and registers it in the State Register of Real Property Rights. The representative is also obliged to pay all necessary taxes and fees related to real estate re-registration (state duty, personal income tax, etc.).

 

The notary registers the ownership right of the new owner in the State Register of Real Property Rights. After that, your representative will receive an extract from the State Register, which confirms the registration of the ownership of the new owner.

Legal recommendations on re-registration of real estate

It is necessary to make sure that the power of attorney meets all the requirements of Ukrainian legislation and is valid in Ukraine.

It is recommended to work with experienced lawyers and notaries to avoid legal mistakes and ensure the legality of the process.

Retain all copies of documents and receipts for payment of taxes and fees to prove compliance with all requirements.

Current questions - answers

Questions

Is it possible to reregister real estate in Ukraine while abroad?

Answer

Yes, it is possible. To do this, you need to issue a power of attorney for a person who will act on your behalf in Ukraine. The power of attorney must comply with Ukrainian legislation and be properly legalized or apostilled, depending on your country of residence.

Questions

What steps should be taken after obtaining a power of attorney?

Answer

A representative, together with a notary, prepares an agreement (for example, a contract of sale or donation), signs it on your behalf and registers it in the State Register of Real Property Rights. You also need to pay all taxes and fees related to re-registration

Questions

How to ensure the legality of the real estate re-registration process?

Answer

It is recommended to work with experienced lawyers and notaries to avoid legal mistakes and ensure compliance of all documents with Ukrainian legislation.

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Conclusion

Remote reregistration of real estate in Ukraine while staying abroad is possible provided that the power of attorney is correctly executed and all documents comply with Ukrainian legislation. It is important to ensure legalization or apostillation of the power of attorney, as well as payment of all taxes and fees. To successfully complete the process, it is recommended to contact experienced lawyers and notaries. Legal marketplace "Consultant" is ready to provide qualified help and support. Legalization of an extension, registration of redevelopment, registration of an extension, legalization of a building, verification.

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