In order for a sale and purchase transaction to be successful, it is important for both parties to prepare for it. And yet more trouble falls on the shoulders of the seller, as it is he who needs to provide all the documentation on the property. Let's consider what documents for the sale of a house should be collected in 2024, so that the transaction took place.
What documents a seller must have when selling a house
The seller must understand that if any certificate, certificate or notarized consent is missing from the mandatory package of documents, the transaction will not be possible. If this happens just before the conclusion of the contract, the buyer may refuse to wait for the necessary document, and will look for more responsible sellers. In order not to lose buyers, the sale should be prepared in advance. Preparation includes collecting documents.
Here is how the list of documents for selling a house in Ukraine looks like:
- original passport and identification code of the owner(s) of the immovable property;
- birth certificates of minor owners, if any;
- a document confirming the right of ownership - this may be a sale and purchase agreement, a certificate from the State Register of Rights to Immovable Property, a certificate of ownership, a deed of gift or other document;
- technical passport;
- cadastral number of the land plot on which the private house is built;
- certificate of registered persons;
- state land deed;
- a document on the expert assessment of the house;
- Marriage certificate and written consent of the spouse to sell the home (if the couple is divorced, then a marriage certificate must be provided; if the spouse is deceased, a death certificate will be needed);
- permission of representatives of the guardianship and custody authorities, if the co-owner is a minor;
- notarized refusal of neighbors to buy a share, if the private house is in shared ownership.
The package of documents is quite large and takes time to collect. If you plan to find a buyer for your home quickly, you should prepare the necessary paperwork well in advance. It usually takes from 2 to 5 weeks.
What documents are needed to sell a house with a plot of land
When concluding a sale and purchase of a house, the new owner acquires ownership not only of the building itself, but also of the land plot on which it is located. If other people have rights to the land, the seller must inform about it. For this reason, it is important to collect all documents when selling a house: not only for the object itself, but also those papers that relate to the establishment of ownership of the land.
The seller's package of documents must include a land deed with a cadastral number. If there is no deed, the transaction will be recognized as invalid, and the notary will not be able to register the sale and purchase agreement. The owner of a private house can obtain a cadastral number from the Land Resources Department.
It is important that the land plot has the correct land use category, as not every plot is suitable for building a residential house. If the land has the category of non-residential development, the buyer will not be able to register a house built on it. If the land plot belongs to the category of farming, only a garden house will be registered. It is best to warn the buyer about these nuances at once.
What other documents are needed or may be needed to sell a house and in what cases
Let's consider specific situations when selling a house in which additional documents may be required. This happens if there is a minor among the co-owners, if the property is sold with shared ownership or the owner can not be personally present at the sale transaction. Each situation described above has its own nuances.
Sale of the house by the owner's representative
Not uncommon situations when the owner of the house is abroad or in another city of Ukraine and for health or other reasons can not be present at the registration of the sale transaction. During the signing of the contract he can be replaced by a representative.
The transaction with the owner's representative is quite legal, but it must be conducted under a notarized power of attorney. The buyer has the right to familiarize himself with the powers of the representative. At the same time, he must have access to information about why the owner could not be present at the conclusion of the transaction.
The representative must have a notarized power of attorney, original passport and identification code.
Sale of a house if there is a minor co-owner
Minor children may be among the owners of the house. If the child is under 14 years of age, one of the parents (with the consent of the spouse) signs the contract on behalf of the minor. If the child is over 14 years of age, he or she may sign the contract on his or her own with parental consent.
If there is a minor owner, the package of documents must include the permission of the guardianship and custody authorities. Permission will have to be taken even if the child is simply registered in the house, but is not one of the co-owners.
Sale of a house with shared ownership
If a private house with shared ownership is put up for sale, the other owners of the property have priority for its purchase. The object can be purchased by an outsider only if all participants of the shared ownership have issued a written waiver of priority purchase of the share.
The sale of such a house must be notified to all owners. Otherwise, the transaction may be recognized as invalid. After receiving notification of the sale of a part of the property, the owners have exactly 1 month to reveal their desire to buy this share.
In such a situation, the package of documents shall include confirmation of notification of all participants of shared ownership of the sale of a part of the house and a written statement of other owners on the waiver of property rights to this share.
To summarize, when selling a house, the transaction concerns not only residential real estate, but also a land plot, so the seller will have to prepare a wider package of documents than in the case of an apartment. To make the transaction quick and successful, it is best to use the help of not only an experienced realtor, but also a lawyer. In the real estate agency "Mayak" has a legal department, whose experts can check the documents for the sale of the house and determine what papers are missing.
When you contact the agency, you cooperate with a team and can immediately use the services of a realtor, lawyer and notary. This is a guarantee that the transaction will be conducted legally, without nerves and as quickly as possible.
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