With the beginning of a full-scale war the procedure for buying and selling real estate in Ukraine has become more complicated. And the transaction is influenced not only by the changes due to the martial law in the country, but also by the fact that many apartment owners are abroad. It is possible to sell your apartment remotely. But to do this, you need to gather the necessary documents and invest in the terms of the power of attorney. We tell you how to conduct the sale transaction, if the owner can not come to Ukraine.
Can I sell my apartment in another country?
According to surveys, some Ukrainians who left do not plan to return to Ukraine either now or after the end of the war. People are settling in a new place, making a life, in connection with which they decide to sell real estate in Ukraine. The question arises, is it possible to sell the apartment, being abroad?
In May 2022 the registers opened again, thanks to which the market gradually began to intensify 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, may conclude such a sale transaction.
Another important nuance when selling an apartment without coming to Ukraine is a strict limitation period for using the power of attorney. The general power of attorney is valid:
- 2 months, if it was formalized in the Ukrainian consulate abroad;
- 1 month, if it was executed by a foreign notary - here you also need a translation and an apostille.
Those Ukrainians, who are in another country for a long time, can draw up an application for confirmation of the validity of a general power of attorney for the disposal of immovable property. The term for renewal of power of attorney is:
- 1 month when applying at the consulate of Ukraine;
- 7 days for a foreign notary - translation and apostille required.
The Ministry of Justice has also compiled a list of countries from which only a translation of a certified document can be provided, without an apostille. These are Armenia, Azerbaijan, Belarus, Hungary, Vietnam, Georgia, Estonia, Kazakhstan, Kyrgyzstan, China, Latvia, Lithuania, Moldova, Mongolia, Poland, Tajikistan, Turkmenistan, Uzbekistan, and the Czech Republic.
What documents are needed to sell an apartment remotely
It is possible to sell the apartment, being abroad, if you prepare a package of documents. Here is a sample list of what can be required by the notary to sell the apartment in Ukraine by the owner, who is in another country:
- A general power of attorney is issued by the owner to dispose of the apartment or house;
- Statement of the owner - to be executed if necessary to confirm the previously issued power of attorney;
- Copies of passports and TIN - if there are several owners, copies of documents of all owners;
- Consent of spouse - certified by a notary in Ukraine or abroad, if both spouses are in another country (in the latter case, translation and apostille are needed);
- certificate of assessment of the dwelling - to be prepared independently on the portal of the State Property Fund or through a professional appraiser;
- certificate of registration of persons registered in the dwelling - to be drawn up at the CNAP, but here it is important to note that if you have registered children under 14 years old, you will have to register them at the new place of residence in advance (it is impossible to remove a child from the registration remotely, while martial law is in force, but only in person through the CNAP);
- Certificate of Technical Indicators of the property - is made out in the BTI and most likely may be needed if the apartment was bought long ago, before the creation of electronic registers of immovable property.
If you gather the full package of documents and adhere to the terms of powers of attorney and applications for their renewal, you will be able to sell the apartment without personal presence.
How to make a power of attorney in the name of another person, being abroad
Making power of attorney to relatives or other authorized persons for the transaction of sale or purchase of real estate in Ukraine is also possible abroad. To do this you need to contact the Embassy of Ukraine or a local notary in the country in which the owner of the property at the moment.
The application of the owner to the embassy suits Ukrainian notaries to a greater extent, since the power of attorney in this case is prepared on the official form. 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 only in one city in the whole country. Therefore, for many Ukrainians abroad, a more realistic option remains appealing to a local notary. A translation and apostille will be required for this document.
Before executing a power of attorney it is not superfluous to coordinate the text of the document with the Ukrainian notary, who will conclude the sale of the apartment.
If you are abroad and want to sell real estate in Ukraine, realtors of Mayak real estate agency will help you not only to find a buyer, but also to quickly and efficiently execute the sale-purchase transaction remotely. Experienced specialists will advise on the list of required documents and any issues that arise in the process of cooperation, they can provide a power of attorney template, arrange on-line consultation with the notary, and prepare all the necessary documents.
- 14567 views