How to Check an Apartment Before Buying in Ukraine?

The decision to purchase an apartment is a serious step that requires maximum attention. But what should you know when buying an apartment to reliably avoid potential risks, fraudulent schemes, and why is it important to remain vigilant at every stage of the transaction?

Regardless of whether you are buying property on the primary or secondary market, it is essential to focus on the legal clarity of the transaction, the property's ownership history, and the absence of encumbrances, carefully reviewing all documents. This approach is the key to ensuring your safety and avoiding becoming part of the unfortunate statistics of unsuccessful real estate transactions.

In this article, we will explain how to properly check an apartment before purchasing and highlight the main legal aspects to help you make a safe choice and protect your interests.

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What Should You Check Before Buying an Apartment?

What should you pay special attention to, and how can you properly verify a property before buying it to avoid unexpected problems in the future? Let’s go over the key points:

1. The seller must provide the original documents confirming ownership of the apartment. These may include:

• A sale and purchase agreement (if the property was previously acquired);
• A certificate of inheritance (if the apartment was inherited);
• A deed of gift;
• A court decision (if ownership was established through a court ruling), etc.

2. When verifying a property before purchasing, it is also important to ensure that the seller is a real person and has the legal authority to dispose of the apartment.

3. If the sale is conducted through a representative, it is essential to carefully review the power of attorney. In particular, you should:

• Confirm that the power of attorney is properly notarized in accordance with Ukrainian law.
• Verify the passport details of both the seller and the representative.
• Check the validity period of the power of attorney and ensure it is notarized.
• Ensure the document explicitly grants all necessary powers to sell the property.

4. It is important to check for any encumbrances (such as arrests, mortgages, or prohibitions on alienation). For this, you need to obtain an extract from the State Register of Property Rights to Real Estate. This can be done online via the official website of the Ministry of Justice of Ukraine, through a notary, or by contacting an Administrative Services Center. This document will indicate whether any arrests, mortgages, or other restrictions have been placed on the property, which could complicate the purchase.

5. Before purchasing an apartment, you should ask the seller to provide a receipt for the payment of utility bills or a certificate confirming no outstanding debts. There must be no debts, as otherwise, the new owner may be forced to settle them or deal with the issue through court proceedings.

6. Checking the list of registered residents is an important step for a trouble-free property purchase. To do this, the seller must provide a certificate confirming who is registered at the property. Special attention should be paid to minors or individuals under guardianship, as deregistering them may require approval from the guardianship and custody authorities.

7. If the apartment is jointly owned by spouses, it is necessary to obtain notarized consent from the other spouse for the sale. Additionally, if any of the owners are minors or legally incapacitated, permission from the guardianship and custody authorities must also be obtained.

The complete set of documents that the seller must provide during the transaction is equally important. Next, we will look at which documents the seller must have to ensure that the transaction can be completed safely and, most importantly, to avoid unpleasant surprises for you as the new owner.

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Which Documents Should Be Verified When Buying an Apartment?

Verifying the complete set of documents is one of the key steps in purchasing real estate, as it guarantees the legal integrity of the transaction and ensures the buyer’s security. Let’s review the main documents that should be checked before signing the agreement.

Documents confirming the seller’s identity:

• The original passport and taxpayer identification number (TIN) of the seller.
• If the property has multiple co-owners, you must check the documents of all individuals holding ownership rights.

Documents confirming ownership rights:

• Certificate of ownership or other document proving how the seller acquired the apartment;
• Sale and purchase agreement;
• Exchange agreement;
• Gift agreement;
• Certificate of inheritance;
• Court decision (if ownership was established by a court);
• Death certificate of the decedent (if the apartment was inherited).

 Consent of co-owners or spouses:

• Notarized consent from co-owners if the apartment is jointly owned;
• Marriage certificate, divorce certificate, or death certificate of the spouse;
• Notarized consent from the spouse if the property was acquired during the marriage.

Documents required for minor owners:

• Birth certificate of children under 14 years old if they are co-owners of the apartment;
• Authorization from the guardianship and custody authorities if any of the owners are minors or legally incapacitated.

Certificates and extracts ensuring legal clarity:

• Extract from the State Register of Property Rights to Real Estate, confirming there are no encumbrances, mortgages, or restrictions on disposal;
• Certificate of registered residents, which can be obtained from the Administrative Services Center;
• Technical passport or certificate from the Bureau of Technical Inventory (BTI);
• Expert valuation report of the apartment, required for calculating taxes during the transaction;
• Certificate of no debt for utility payments (issued by the housing maintenance office, condominium association, or utility providers).

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Verification Checklist When Buying an Apartment from a Developer

Purchasing an apartment in a newly constructed building comes with specific nuances. It's essential not only to evaluate the developer’s reputation but also to ensure they possess all the necessary documents that confirm the legality of the construction. The developer must have the following documents:

• Documents for the land plot (e.g., extract confirming ownership or a land lease agreement) — Without legal rights to the land, the developer cannot carry out construction.
• Construction permit. This is a key document issued after a review of the project documentation, confirming that the construction is legal.
• Urban planning conditions and restrictions. This document defines the construction parameters, including the number of floors, residential and non-residential space, and infrastructure requirements.

This information should be compared with the actual characteristics of the property being sold.

• Technical specifications. These documents confirm the possibility of connecting the building to utility services. They are issued by utility providers (electricity, gas, water supply) and are a mandatory requirement for the building’s commissioning.
• Construction license of the general contractor. Construction is usually carried out not by the developer themselves, but by a general contractor. It is important to check their license to ensure they are authorized to perform construction work of the required complexity.

Additional documents:

• An extract from the State Register of Property Rights to Real Estate confirming the absence of seizures or legal encumbrances.
• An expert property valuation report, which is required for proper transaction processing.
• A declaration of the building’s commissioning, confirming the property is ready for occupancy.

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Who can verify an apartment before purchase, and which option should you choose?

Property verification before purchase can be carried out either by the buyer or by professionals, such as a lawyer or a real estate agency. It’s important to note that real estate agencies usually check only surface-level information, such as the existence of registered ownership or encumbrances in public registries, but they do not have the tools to conduct a thorough legal review.

Buyers often rely on the notary during the transaction, expecting them to perform due diligence. However, a notary does not conduct a comprehensive analysis of the ownership history, potential legal disputes, hidden risks, or forged documents. Their role is limited to certifying the agreement and checking registry data before authentication.

Unlike a notary or real estate agency, a lawyer can conduct a thorough review of all aspects of the transaction. This includes not only checking previous owners and identifying any encumbrances or court rulings, but also verifying property rights and other factors that could affect the safety of the purchase.

So, if there are any doubts about the legal cleanliness of the deal, it is advisable to consult a qualified real estate lawyer for a comprehensive due diligence check. This will help ensure that the transaction carries no unforeseen risks. In addition, even if you don't require direct assistance, it's always helpful to learn in advance how to verify a house or apartment before purchase to avoid potential issues. A lawyer can explain these details during a consultation.

Verifying an Apartment During Martial Law When the Owner Is Abroad

Under martial law, purchasing an apartment from an owner who is currently abroad requires particular care. What should you know in such a situation? First of all, it is essential to confirm that the seller is the legal owner of the property. As mentioned earlier, this can be done by obtaining an extract from the State Register of Property Rights.

If the property is being sold through an authorized representative, it is necessary to verify the power of attorney. The document must be issued through a Ukrainian consulate or legalized in accordance with international requirements. If the power of attorney was issued abroad, it must be either legalized through a Ukrainian consulate or notarized in the country where the owner resides. As previously noted, make sure the document grants the representative full authority to carry out the property sale.

Special attention should also be paid to financial matters. To avoid fraud, payments should only be made through official bank accounts. Transactions through informal channels may result in serious legal consequences, which is one more reason to avoid such arrangements.

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Reliable Legal Support for a Safe Real Estate Purchase

Verifying the property before buying it is essential to ensure the safety of the transaction, as such an audit helps protect the buyer from potential risks, including significant financial losses. Additionally, every stage of the agreement should be thoroughly checked to prevent future legal issues. This requires a high level of professional expertise.

Unfortunately, statistics indicate that each year, many buyers who fail to pay enough attention to the legal aspects of the deal face serious consequences. Sometimes, this leads to people losing their property due to transactions that were not properly vetted for encumbrances, arrests, or fraudulent activity. In 2024 alone, more than 10% of buyers in major Ukrainian cities fell victim to such situations.

Our experienced lawyers will help you avoid such unpleasant consequences by conducting a thorough property check and ensuring the legal soundness of the transaction. We support all stages of the process, from verifying ownership rights to drafting the afreement. This includes ensuring the secure handling of transactions in remote real estate purchases. With our help, you can be confident in the legality of the deal, the safety of your financial investment, and the protection of your future property.

Reach out to us, and we’ll assist you in making a safe and reliable property purchase!