How to sell an apartment in Ukraine while abroad

With the outbreak of a full-scale war, the procedure for buying and selling real estate in Ukraine has become more complicated. Moreover, the transaction is affected not only by changes due to martial law in the country, but also by the fact that many apartment owners are abroad. Nevertheless, it is still possible to sell a home remotely. Here's how to conduct a sale and purchase transaction if the owner cannot come to Ukraine.

Is it possible to sell an apartment while living in another country?

According to surveys, some of the Ukrainians who have left do not plan to return to Ukraine either now or after the war ends. People are settling in a new place, getting their lives together, and therefore decide to sell real estate in Ukraine. The question arises, is it possible to sell an apartment while abroad?

In May 2022, the registries reopened, allowing the market to gradually become more active and adapt to the new requirements. The changes also affected powers of attorney for the disposal of residential property during martial law. Owners were given the opportunity to sell real estate while in another country. One of the main requirements is that only a notary who is included in the current list on the website of the Ministry of Justice can conclude such a sale and purchase agreement.

Recently, there was a strict time limit on the use of a power of attorney. However, it has now been canceled, so a power of attorney is valid for as long as it is issued by a notary.

If the power of attorney was issued by a foreign notary, it will also need to be translated and apostilled. The Ministry of Justice has compiled a list of countries from which only a translation of a certified document can be submitted without an apostille. These are Azerbaijan, Armenia, Belarus, Hungary, Georgia, Estonia, Kazakhstan, Kyrgyzstan, China, Latvia, Lithuania, Moldova, Mongolia, Poland, Tajikistan, Turkmenistan, Uzbekistan, Czech Republic, and Vietnam.

What documents do you need to sell an apartment remotely?

It is possible to sell an apartment while abroad if you prepare a package of documents. Here is an approximate list of what a notary may require for the sale of housing in Ukraine by an owner who is in another country:

• General power of attorney - issued by the owner to dispose of the apartment or house;

• an owner's statement - issued if necessary to confirm a previously issued power of attorney;

• copies of passport and TIN - if there are several owners, copies of documents of all owners;

• spouse's consent - notarized in Ukraine or abroad, if both spouses are in another country (in the latter case, a translation and apostille are required);

• certificate of appraisal of the apartment - issued independently on the portal of the State Property Fund or through a professional appraiser;

• certificate of registered persons - issued by the ASC, but it is important to note that if you have registered children under 14, you will have to register them at the new place of residence in advance (it is impossible to deregister a child remotely while martial law is in effect, but only in person through the ASC);

• a certificate of technical indicators of the real estate object - issued by the BTI and is likely to be required if the apartment was bought a long time ago, before the creation of electronic real estate registers.

If you collect a full package of documents and properly execute a power of attorney, you can sell the apartment without personal presence.

How to issue a power of attorney for another person while abroad

You can also issue a power of attorney for relatives or other authorized persons to conduct a real estate purchase and sale transaction in Ukraine while abroad. To do this, you need to contact the Ukrainian embassy or a local notary in the country where the property owner is currently residing.

The owner's application to the embassy is more acceptable to Ukrainian notaries, as the power of attorney in this case is drawn up on an official letterhead. The document does not need to be translated and legalized. But this option is not possible for everyone, since the Ukrainian embassy is usually present in only one city in the whole country. Therefore, for many Ukrainians abroad, the option of contacting a local notary is more realistic. In this case, the document will need to be translated and apostilled.

Before drawing up the power of attorney, it will not be superfluous to coordinate the text of the document with a Ukrainian notary who will conclude the apartment sale and purchase agreement.

If you are abroad and want to sell real estate in Ukraine, Mayak realtors will help you not only find a buyer, but also quickly and safely conclude a sale and purchase agreement remotely. Experienced specialists will advise you on the list of documents and any questions that may arise in the course of cooperation, provide a power of attorney template, organize an online consultation with a notary, and prepare all the necessary documents.