Imagine a normal situation. You do not want to invest in a new building, because you do not trust the developers and do not want to spend your energy and time on repairing the apartment from scratch.
After a long and persistent search, you have found an apartment that meets your personal requirements, suitable for location and price. You have inspected it, discussed with the seller all the details of the subsequent purchase / sale and have already imagined how you will celebrate the housewarming.
Take your time.
In order not to buy an "apartment with problems", we recommend that you carefully check the documents for its sale.
Remember'eat! "It is better to check the documents for the apartment seven times than once to buy without checking them. "
The exact list of documents cannot be determined in advance. It depends on the situation with the apartment and its owner. In the future, we will consider specific situations when buying an apartment and the documents that you will need to read.
How to find out who owns the apartment?
Ask the seller of the apartment to provide you with a document which certifies his ownership of the apartment. It can be: notarized contract of sale, rent, gift, mines, inheritance contract, certificate of ownership, certificate of inheritance, certificate of ownership of a share in the joint property of the spouses, contract of division of inheritance, court decision , etc.
In addition to title documents for the apartment, we recommend that you check availability of information about the owner of the apartment in the State Register of Real Property Rights. You can get information from this register yourself on the website https://online.minjust.gov.ua/login. To do this, you must have an electronic digital signature, which can be obtained in 5 minutes if you are a client of PrivatBank.
For the sale of an apartment owned by a minor or incapacitated person, a person with disabilities must additionally check the availability permission of the guardianship authorities to alienate the apartment.
Let's help to buy real estate safely
Do other people have the right to an apartment?
a. If the apartment was purchased in marriage, the other spouse is entitled to it and must agree to sell the apartment.
To do this, the notary will need to provide marriage certificate and notarized application for consent of the spouse to the sale of real estate.
This rule also applies when, after divorce, they sell an apartment that they bought while still married. Then the seller will need to provide additional divorce certificate, death certificate of the other spouse, etc.
Pay attention! If the apartment was acquired by inheritance, gift, privatization or marriage, the consent of the other spouse is not required.
b. Find out if people other than the owner are registered in the apartment.
Ask the seller to provide you certificate of composition seven'or an extract from the Register of the territorial community about the persons who are registered in the apartment.
From this certificate or extract you will find out who is registered in this apartment and whether children or incapacitated persons live there.
The owner of the apartment can get certificate of family composition in the executive body of the village, town or city council, and extract from the Register of the territorial community about the persons who are registered in the apartment - at the notary.
c. If you are buying part of an apartment, then you need to make sure that the owners of other parts of the apartment do not intend to exercise their preemptive right to purchase the alienated part of the apartment..
In this case, the seller must provide additional a notarized statement of the owners of other shares of the apartment on the waiver of the pre-emptive right to purchase a share of the apartment for sale.
Was the apartment being redesigned?
Get acquainted with a technical passport for the apartment. This document contains the total area of the apartment, its living space and the size of the premises. We recommend that you measure each room and compare them with the entries in the technical passport for the apartment.
If redevelopment was made, the owner had to receive new technical passport for the apartment with new room sizes after redevelopment.
Should the appraised value of an apartment be determined before it is sold?
You can sell the apartment only after an appraisal by a professional appraiser. The validity of the assessment is indicated in apartment appraisal reports.
We have provided only an approximate list of documents for the apartment that you need to check before buying it.
To minimize the risks, faster and more complete preparation for buying an apartment, we recommend that you turn to professionals. They will take responsibility for checking all documents and further analyze:
– stay of apartments in a mortgage, tax lien;
– the presence of arrests or prohibitions on sale;
– history of the apartment and its owners.