Question 1

How do I check a developer before buying an apartment in a new building?

Accepted Answer

The verification is carried out in several stages through official state registers:

Legal Status: Check the customer, developer, and general contractor in the Unified State Register (EDR) to ensure they are not undergoing liquidation or bankruptcy proceedings.
 
Litigation: Check the Unified State Register of Court Decisions for any criminal proceedings, arrests on land plots, or active disputes with the DIAM (State Inspectorate of Architecture and Urban Planning).
 
Reputation & Delayed Projects: Assess the portfolio of completed properties and check for construction delays on other active sites.

Question 2

What documents must a developer have for the lawful sale of apartments?

Accepted Answer

The developer is obliged to provide the following for review (most copies must also be available in the EDESSB — Unified State Electronic System in the Field of Construction):

Land Documents: An extract from the State Land Cadastre confirming ownership or long-term lease rights. The designated purpose must state: "For construction and maintenance of a multi-apartment residential building."
 
Urban Planning Conditions and Restrictions (MUO): Issued by the local council.
 
Project Documentation and Expert Report: A positive evaluation conclusion of the construction project design.
 
Construction Work Permit: Issued by the DIAM (for objects with CC2 and CC3 consequence classes).
 
Technical Conditions (TU): For connecting utilities (water, electricity, gas/heating).

Question 3

What is a "special property right" and how does it protect a primary market buyer?

Accepted Answer

A Special Property Right (SMP) is a type of property right registered in the State Register of Property Rights to Real Estate (DRRP) for each specific future apartment before mass sales begin.

How it protects: The developer cannot sell the exact same apartment twice (eliminating the risk of "double sales"). The buyer becomes the owner of the SMP immediately after signing the contract, and in the event of the developer's bankruptcy, this right remains with the buyer. The law also requires the developer to define a "guaranty share" of the project (a portion of apartments that are forbidden to be sold until the building is fully commissioned) to ensure funds are available if another contractor needs to finish construction.

Question 4

How do residential suites (apartments) differ from regular flats from a legal standpoint?

Accepted Answer

Legal Status: A regular flat (kvartyra) is a residential premises. Residential suites (apartaments) belong to the non-residential fund (commercial real estate, hotel-type properties).
 
Tariffs and Taxes: Utility tariffs (especially electricity and heating) in residential suites are calculated at commercial rates for legal entities, which is significantly more expensive. Real estate tax is paid for every square meter without the tax-exempt allowance that applies to regular flats (which is 60 sq.m. in Ukraine).
 
Building Codes: When building residential suites, the developer is not required to comply with strict residential State Building Norms (DBN) regarding insolation, playgrounds, or proximity to schools.

Question 5

Can I register my official place of residence in residential suites?

Accepted Answer

No, you cannot officially register your place of residence ("propyska") in residential suites. According to Ukrainian legislation, residence registration is permitted exclusively in residential fund properties (flats, residential houses, or garden/dacha houses).

Question 6

What should I do if the developer misses the deadline for handing over the apartment?

Accepted Answer

Contract Analysis: Review the section regarding force majeure, handover deadlines, and penalties (late fees). Contracts usually stipulate a permissible delay (e.g., 3–6 months).
 
Written Claim: Send an official demand to the developer seeking clarification for the delay and payment of late penalties (if provided for by the contract).
 
Lawsuit: Apply to a court with a claim for the recovery of penalties for breach of obligations. However, during martial law, courts frequently take force majeure circumstances into account if the developer proves the delay was directly caused by the war.

Question 7

How can I get my money back from an unreliable developer?

Accepted Answer

Unilateral Termination of the Contract: If such a right is stipulated by the contract in the event of a construction delay (e.g., exceeding 6 months). A notice of termination is sent, and the developer is obliged to return the funds within a specified period.
 
Judicial Termination: If the developer refuses to return the money voluntarily. A lawsuit is filed to terminate the contract, refund the paid funds, and recover inflation-adjusted losses.
 
Risk: If the developer has no funds in their bank accounts or the company is a shell entity, actual enforcement of the court decision may be highly problematic.

Question 8

What should I look out for when buying secondary market real estate?

Accepted Answer

Title Documents: Purchase and sale agreements, deeds of gift, certificates of inheritance, etc. Verify their legitimacy and presence in the DRRP registry.
 
Owner History & Hidden Risks: Check who is registered in the apartment (pay special attention to children, incapacitated persons, and military personnel, whose removal from registration can be legally challenged).
 
Spousal Consent: The availability of a notarized consent from the seller's spouse if the property was acquired during marriage.
 
Debts: Clearances and certificates confirming the absence of utility bills outstanding.

Question 9

What is an encumbrance on real estate and how can it be checked?

Accepted Answer

An encumbrance is a prohibition or restriction on disposing of property (court arrests, executive service liens, bank mortgages, tax liens, or active lease agreements).

How to check: By generating an Information Summary from the State Register of Property Rights to Real Estate (DRRP) independently or via a notary. The summary displays all active arrests, prohibitions of alienation, and mortgage obligations attached to the asset or the specific owner.

Question 10

How do I obtain a construction permit for a private house?

Accepted Answer

For a house with a total area of up to 500 sq.m., a simplified procedure applies:

Formalize the ownership or usage right to the land plot with the appropriate designated purpose.
 
Develop a sketch of construction intentions and obtain a Construction Passport via the local urban planning and architecture body (or through the "Diia" state portal).
 
Submit a Notification of Commencement of Construction Works to the DIAM (it registers automatically in the EDESSB system). Only after this registration can construction begin.

Question 11

What is unauthorized construction and can it be legalized?

Accepted Answer

Unauthorized construction (samobud) is a residential house, building, or structure erected on a land plot not allocated for this purpose, without a proper permit/approved project design, or with significant violations of building codes.

Legalizing such an asset is possible if its location does not violate the rights of third parties, complies with the municipality's master plan, and is technically safe for operation.

Question 12

What methods of legalizing unauthorized construction exist in 2025–2026?

Accepted Answer

"Building Amnesty": For individual residential, garden, or dacha houses up to 300 sq.m. built between August 5, 1992, and April 9, 2015. This requires a technical inspection and submission of a declaration to the DIAM without paying administrative fines.
 
General Procedure (via DIAM): A technical passport is issued, an expert evaluation is conducted, an administrative fine for unauthorized construction is paid, and then a declaration of readiness for operation is submitted.
 
Judicial Procedure: Recognition of ownership rights to unauthorized construction via court proceedings (under Article 376 of the Civil Code of Ukraine). This is used if administrative bodies/DIAM refuse registration or if there is a land-related dispute.

Question 13

How can I protect myself against real estate raiding or hostile takeover?

Accepted Answer

SMS-Mayak / Monitoring: Activate a monitoring service for registration actions involving your real estate asset. Any attempt to submit documents to a notary will trigger an instant notification to the owner.
 
Voluntary Encumbrance: Establish a lawful mortgage or enter into a long-term lease agreement, registering these details in the DRRP. Property with active encumbrances is significantly more difficult and "toxic" for raiders to re-register.
 
Document Safeguarding: Never leave original title documents with third parties, and ensure your data is regularly updated in the DRRP (especially if ownership rights arose prior to 2013).

Question 14

How do I challenge an unlawful entry in the real estate register?

Accepted Answer

Ministry of Justice Collegium (Anti-Raiding Office): The administrative route. A complaint can be filed within 60 days from the day the person learned about the violation of their rights. The Ministry of Justice has the power to promptly cancel the unlawful decision of a registrar or notary.
 
Lawsuit: Filing a lawsuit in a court of general jurisdiction or a commercial court to invalidate the transaction, cancel the state registrar's decision, and terminate the raider's ownership rights.

Question 15

How does a purchase and sale agreement differ from agreements within an FBF or FON?

Accepted Answer

Purchase and Sale Agreement: Used mainly on the secondary market or for completed, commissioned new builds. Ownership rights (or SMP) transfer immediately.
 
FBF (Construction Financing Fund): A tripartite scheme (Buyer – Fund Manager/Bank – Developer). The buyer transfers money to the manager, who controls its targeted use by the developer. This is a more secure scheme regulated by a dedicated law.
 
FON (Real Estate Operations Fund): A financial instrument aimed at generating investment income (purchasing FON certificates). It is used less frequently and carries higher financial risks for a traditional apartment buyer.

Question 16

What are the features of buying commercial or industrial real estate?

Accepted Answer

Engineering Capacity Audit: Availability and allocation limits of power grids (kW), gas supply, water supply, industrial sewerage, and railway access lines.
 
Sanitary Protection Zones (SPZ): Restrictions on conducting certain activities based on the distance to residential areas.
 
Land Beneath the Asset: Mandatory presence of ownership or lease rights to the land plot with a Series 11 designated land-use code (Industrial Lands).

Question 17

How do I properly draft a commercial property lease agreement?

Accepted Answer

Critically important clauses that must be detailed include:

Clear Definition of the Object and Property Condition: Attach an acceptance-handover certificate with a detailed description of engineering systems and existing defects.
 
Rent Adjustment Procedure: Fixing the indexation terms (once a year, tied to foreign exchange rates or the inflation index).
 
Utility Cost Reimbursement: The calculation mechanism (by meters or proportionally to the occupied area).
 
Terms of Renovation and Improvements: Who finances inseparable improvements and whether they are subject to compensation upon lease termination.
 
Notarial Requirement: A lease agreement for a building or capital structure for a term of 3 years or more is subject to mandatory notarization and state registration (Article 793 of the Civil Code of Ukraine).

Question 18

How does the first consultation work and what documents should I bring?

Accepted Answer

Consultation Format: The attorney/lawyer conducts an initial legal audit of your issue. In the case of purchasing real estate, the investment scheme and reliability of the developer are studied. In the case of disputes, the litigation prospects of the case and the risks of asset loss are evaluated. Based on the results, a written or oral defense strategy is formed.

Documents to Bring (Copies or Originals):

For checking a new build: The draft contract offered by the developer and a link to the project's webpage.
 
For the secondary market / commercial real estate: Title documents (agreements, certificates), technical passport, and extracts from the DRRP (if available).
 
For litigation or legalization: Existing correspondence with state bodies (DIAM, State Migration Service, architecture departments), court decisions, or notices/orders from executive services.

Service	Price
Oral consultation	Free
Express analysis of real estate documents	from $20
Written legal consultation with formal legal opinion	from $25
Attorney's statutory request (to Registry, DIAM, developer)	from $30
Legal due diligence of a property (Secondary market)	from $65
Due diligence of a developer and residential complex (Primary market)	from $100
Analysis of the contract with the developer + negotiations	from $75
Legal support for purchasing an apartment / house (Secondary market)	from $125
Turnkey legal support for purchasing a new build apartment	from $150
Legal support for purchasing residential suites	from $125
Legal support for purchasing commercial real estate	from $200
Legal support for purchasing an industrial asset	from $325
Analysis of a commercial real estate lease agreement	from $75
Obtaining a construction permit / commissioning approval	from $125
Legalization of unauthorized construction (Administrative procedure)	from $150
Legalization of unauthorized construction (Judicial procedure)	from $250
Drafting a lawsuit for a real estate dispute	from $100
Representation in the Court of First Instance	from $250
Drafting an Appellate Complaint	from $125
Representation in the Court of Appeals	from $250
Drafting a Cassation Appeal to the Supreme Court	from $225
Representation in the Supreme Court	from $325

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