How to check documents before buying a home on the secondary market: the Ministry of Justice gave advice
Kyiv • UNN
Verifying the ownership of real estate is an important prerequisite for entering into a sale and purchase agreement. Before entering into a sale and purchase agreement for real estate on the secondary market, it is necessary to verify the documents confirming the ownership.
When conducting a real estate sale and purchase transaction, an important prerequisite is to conduct a comprehensive due diligence of the legal purity of the real estate. This process includes the analysis of documents related to the ownership of real estate, as well as the identification of any encumbrances that may affect the legality and legality of the transaction. This was reported by the press service of the Ministry of Justice, UNN reports .
Details
It is noted that verification of ownership of real estate is an important prerequisite for concluding a sale and purchase agreement.
Before entering into a sale and purchase agreement for real estate on the secondary market, you need to check the documents confirming your ownership.
Documents confirming ownership include:
- a notarized contract of sale, donation, life care, annuity, gift, exchange, inheritance contract;
- a certificate of acquisition of seized real estate at a public auction;
- a certificate of purchase of the pledged property at an auction (public auction); a certificate of ownership;
- certificate of inheritance; certificate of ownership of a share in the marital property;
- an agreement on the division of inherited property; an agreement on the termination of the right to maintenance subject to the acquisition of the right to real estate;
- an agreement on termination of the right to child support in connection with the transfer of ownership of real estate;
- an agreement on the allocation of a share in kind (division);
- a mortgage agreement, an agreement to satisfy the mortgagee's claims, if the terms of such agreements provide for the transfer of ownership of the mortgaged property to the mortgagee;
- a court decision;
- a purchase and sale agreement registered on a stock exchange, concluded in accordance with the requirements of the law, etc.
At the same time, transactions on alienation and pledge of property subject to registration are certified subject to submission of documents confirming state registration of rights to this property by the persons alienating it.
Confirmation of the fact that a person has certain real rights is ensured by using the State Register of Real Property Rights (hereinafter referred to as the State Register of Rights), namely, obtaining information from it in real time.
The information from the State Register of Rights on registered rights and encumbrances of rights contains information on registered rights and encumbrances of rights available in the State Register of Rights, as well as relevant information from its integral archival part or information on the absence of registered rights and encumbrances of rights (Current Information).
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At the request of a person, information from the State Register of Rights on registered rights, encumbrances of rights may also additionally contain information on the acquisition, change and termination of rights, encumbrances of rights, as well as on changes made to the relevant information of the State Register of Rights and its integral archival part in chronological order (Detailed Information).
To obtain information from the State Register of Rights in paper form (Actual and Detailed Information), you must contact the state registrar of real estate rights, the administrator of the administrative service center or a notary assistant, and in electronic form (only Actual Information), information can be obtained through the Diia Portal or the Online Justice House portal.
It is noted that the system of state registration of rights in accordance with the Law of Ukraine "On State Registration of Real Property Rights and Encumbrances" (hereinafter - the Law) was introduced in Ukraine on January 1, 2013.
Prior to January 1, 2013, state registration of ownership and other real rights to real estate located on land plots was carried out, in particular, in accordance with the Temporary Regulation on the Procedure for State Registration of Ownership and Other Real Rights to Real Estate, approved by Order of the Ministry of Justice of Ukraine No. 7/5 dated February 7, 2002, registered with the Ministry of Justice of Ukraine on February 18, 2002 under No. 157/6445 (no longer in force), by registrars of the Bureau of Technical Inventory (hereinafter - BTI) in the Register of Ownership Rights to Real Estate
Prior to January 1, 2013, state registration of ownership rights, rights of use (servitude) of land plots, rights of permanent use of land plots, land lease agreements; rights to use land for agricultural purposes (emphyteusis); rights to develop land plots (superficies) was carried out by territorial land authorities (paragraph three of clause 3 of section II "Final and Transitional Provisions" of the Law of Ukraine No. 1878-VI of February 11, 2010 "On Amendments to the Law of Ukraine "On State Registration of Land Plots").
As of today, state registration of rights, in accordance with part one of Article 6 and Article 10 of the Law, is the responsibility of executive bodies of village, town and city councils, Kyiv and Sevastopol city, district, and district administrations in the cities of Kyiv and Sevastopol, and notaries.
Addendum
In addition, the agency emphasized the need to review whether the property has been redeveloped or the supporting walls have been demolished. If so, this should be properly formalized through permits with the issuance of a new technical passport.
It is also worth checking that there are no utility bills. This check will help you avoid possible problems and ensure safety when entering into a real estate purchase agreement.
To be sure that the apartment is not subject to litigation and is not seized, it is worth checking the information about it and its owner using the Unified State Register of Court Decisions.
