Documents required to complete a purchase and sale transaction
The performance of notarial acts in Ukraine is entrusted to notaries who work in state notaries, state notaries (state notaries), or engage in private notarial practice (private notaries). Notarial acts may be performed by a notary public throughout Ukraine.
In accordance with the Instructions on the procedure for performing notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of Ukraine of 03.03.2004, when notarizing certification of contracts for the alienation of real estate (apartments, houses, etc.), the notary requires the following documents:
Passport or other document that allows you to identify the parties to the transaction.
Such documents (in accordance with the Instruction on the procedure for performing notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of Ukraine of 03.03.2004) can be:
– passport of a citizen of Ukraine for traveling abroad;
– diplomatic passport;
– service passport;
– seaman’s identity card;
– crew member certificate;
– residence permit – for persons who live in Ukraine but are not citizens of Ukraine;
– military card – for conscripts;
– temporary certificate of a citizen of Ukraine;
– the national passport of a foreigner or a document that replaces him;
– driver’s license;
– certificate of a disabled person or participant in the Great Patriotic War;
– a certificate issued at the place of work of an individual, etc.
Identification number (according to the State Register of Individuals of Tax Payers).
A title document, that is, a document that confirms the ownership of real estate. In this case, the title document must necessarily have a BTI mark on the registration of ownership.
In accordance with the Instruction on the procedure for notarial acts by notaries of Ukraine, approved by order of the Ministry of Justice of Ukraine dated 03.03.2004, the ownership of a house, apartment, cottage, garden house, garage, other buildings and structures can be confirmed by one of the following documents or their duplicates:
– notarized contract of sale, donation, life support, rent, gift, exchange;
– contract of succession;
– certificate of acquisition of seized immovable property at public auction;
– certificate of acquisition of forced property at auction (public auction);
– certificate of ownership of real estate;
– certificate of inheritance;
– certificate of ownership of the part in the joint ownership of the spouses;
– an agreement on the division of hereditary property;
– an agreement on the termination of the right to maintain, subject to the acquisition of the right to real estate;
– an agreement on the termination of the right to alimony for the child, in connection with the transfer of ownership of real estate;
– an agreement on the allocation of parts in kind (section);
– a mortgage agreement, an agreement on satisfying the requirements of the mortgage holder, if the terms of such agreements provide for the transfer to the mortgage holder of the right to own the mortgage;
– by a court decision;
– a contract of sale registered on the exchange, if there is a mark on the registration of rights.
The reference characteristic BTI on the alienated property.
Certificate of absence of tax lien;
A certificate of the absence of a tax lien is an extract from the State Register of encumbrances of movable property.
Until the creation of the State Register of Tax Lien, in accordance with the joint order of the Ministry of Justice of Ukraine and the State Tax Administration of Ukraine dated 07.02.2003 No. 9/5/59 “On Registration of Tax Lien of Real Estate”, registration of tax liens is carried out in the State Register of Encumbrances of Movable property.
The specified extract from the registry must be done for:
– each of the buyers;
– each of the co-owners of the alienated immovable property;
– the second of the spouses, in the event that the property was acquired during the period of marriage.
Certificate of the absence of prohibitions on alienation;
A certificate of the absence of prohibitions on alienation is the extraction of real estate objects from the Unified Register of prohibitions on alienation, which is an electronic database that contains information about:
– imposed bans and arrests;
– the lifting of bans and arrests;
– issued certificates of the absence or presence of prohibitions and arrests.
For issuing a certificate from a person who applied for notarial acts, a fee is charged in the amount established by the Ministry of Justice of Ukraine.
As a rule, such a certificate costs about 50 UAH.
The written consent of the second spouse to the alienation of the property, which is in common joint ownership.