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Investments or real estate acquisition

  1. Analysis of investment instruments in real estate
  2. Verification of encumbrances, restrictions and injunctions
  3. Verification of the legality of the developer construction work
  4. Support for the conclusion and registration of contracts of sale
  5. Support of registration of property rights and obtain title documents
  6. Support of registration of land rights
  7. Collection of certificates, statements (expert appraisal, manufacture of technical passport, non-cash payments)
If you decide to purchase, invest in real estate at the construction stage, we will help to carry out all possible legal checks to establish risks. Buying an apartment for personal residence or investing in real estate for the purpose of further lease is a responsible matter, and to protect yourself from loss of large sums through legal verification of the builder and the construction site is a must. Recent years in Kiev and the suburbs there is a real “construction boom”, and people choose to invest in square meters more willingly than to transfer to the bank to deposit account. Competition among developers is high, and in the market there are sometimes new “elite center”, which set goals to be enriched by trusting investors. Experience convinces that when investing in real estate it is important to check the identity of the developer, including the presence of bans, arrests, court cases, open executive and criminal proceedings. In addition, it is necessary to verify the authenticity of the declaration (permit) of the state architectural and construction inspection at the beginning of construction works and documents for the right to use land in the State Land Cadastre. There are cases of construction work without land registration, which in the future will be an obstacle to registration of ownership. A lawyer or an attorney for checking a developer uses both open registers of permits and rights, and directs relevant inquiries to the authorities. The trustworthiness and legality of the developer’s actions is verified by the following information and analytical means of verifying the information, including: The register of legal entities and individuals-entrepreneurs; The register of rights to real estate and their encumbrances; Public cadastral map of Ukraine; Automated system of enforcement proceedings; Register of debtors; Database of architectural and construction inspection; DFS database of Ukraine; Register of court decisions; Official announcements and bankruptcy messages. We advise before concluding an investment agreement, clearly understand for themselves on the basis of what documents will be held state registration of property rights in the future.

 

We are also tasked with visiting the construction site of the developer for the purpose of negotiating, agreeing and verifying the terms of investment contracts. The actions of a lawyer to verify an investment contract depend on the option chosen by the developer for raising funds. Basically, investors are offered contracts: the purchase and sale of property rights; a contract for the purchase and sale of securities (bonds); a contract for the payment of share contributions and participation in a construction cooperative; contract for participation in the construction financing fund; investment agreement; a notarized preliminary agreement for the sale of real estate and the like. A legal analysis of the draft investment contract is possible by a lawyer with experience in this field. Managers of developers often provide draft contracts with hidden conditions associated with fuzzy completion dates, conditional grounds for non-return of funds, in case of not completing construction, the possibility to unilaterally change the cost per square meter or in general terminate the contract. It will not be superfluous to establish the legal personality of the signatory on the part of the construction customer, and in the case of a legal entity the powers of the head or his representative, according to the constituent documents and powers of attorney. An understandable, legally qualitative and balanced investment contract will be the document that should create positive judicial prospects for the participant in the construction in the event of an unfinished object.

 

A lawyer for real estate will help and ensure “clean” the acquisition of real estate in the secondary market. Legal support for the conclusion, registration and registration of the property right at the request of the client can be carried out “on a turn-key basis”. Before granting a deposit or advance, first of all, we advise you to check the encumbrances, restrictions and injunctions on the subject, that is, the seller and the object. In the event of arrest for construction (apartment) or arrest of all property of the seller, it is necessary to understand the nature of the arrest, the legal mechanism and the legality of its withdrawal by employees of the state executive service. If we include information about the seller in the Unified Register of Debtors, we do not advise you to conclude transactions for the alienation of property, so that there are no grounds for recognizing such a contract as invalid and restitution. If necessary, lawyers will help in legal proceedings to remove unreasonable arrests on real estate for the proper conclusion of the contract of sale. According to our recommendations, the state registrar of rights to immovable property will register the right of ownership with the issuance of an extract for a reasonable price and a short time.

 

The company’s lawyers provide legal services to support the registration of rights to land plots, both with the purchase of the site, and with the initial registration in the State Land Cadastre and the Property Rights Register. We draw attention to the fact that both the right of lease and the right of ownership of a land plot can be considered lawful only after the information on these rights is entered in the relevant registers. Practice shows that until now in the hands of landowners there are state acts on the ownership right not the land of the “old” models until 2013, which are not included in the registers of rights and the GLC. Today, after including data on the land plot in the state land cadastre, and obtaining extracts from the GZK in the local department of the State Geodeticad, it is necessary to apply to the state registrar for registering the right to a land plot. In addition to property rights, you can register the right to lease, easement, emphyteusis, superficies, encumbrance and the like. Sometimes clients set tasks for the implementation of the division or unification of land plots, with the development of new technical documentation by the land management organizations. Lawyers will help coordinate land management projects and carry out legal support for necessary registration activities.

 

You do not have to worry, because we will solve the issues: the preparation of the expert’s report on the valuation of property, technical passport, obtaining the conclusion of the guardianship and trusteeship authority, permission for the cultural heritage site, certificates from the BTI archives, extracts from the normative-monetary assessment of the land and other bureaucratic documents. We know how to reduce costs associated with non-cash transfer for purchased property. How to obtain the necessary information about registered persons or proof of ownership with the Bureau of Technical Inventory. We have been cooperating with a professional notary for a long time, so we will save time, provide guarantees for the legal registration of your property rights. Some sellers are not aware of the need, and some do not have time to receive the conclusions of the guardianship and trusteeship authority about the possibility of selling the apartment to users or co-owners of which are children. There are cases of violation of the rights of children when making transactions with respect to immovable property, ownership or use for which they have. Such a violation may be grounds for recognizing the contract of sale as invalid. In the case of the location of an apartment or a premise in a house that has the status of a cultural heritage monument, it is also necessary to take into account the restrictions established by law. For the sale of real estate, in the case of establishing the status of a cultural monument of local significance, it is necessary to obtain the permission of the management of the protection of the cultural heritage of the KSCA, and in the case of a monument of national importance, the Ministry of Culture of Ukraine grants such permission. In addition to the permission to sell the cultural heritage object, the law obliges the seller to make a proposal to the cultural heritage protection authority to purchase the object at the price of the planned sale. Moreover, such a proposal must be written, and the period for exercising the privileged right of purchase is one month. We know how to coordinate such conclusions in a short time and formalize the necessary security contract with the property owner.