Let's 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, fits the location and price. You have inspected it, discussed with the seller all the details of further purchase / sale and have already imagined how you will celebrate the housewarming.
Don't rush.
In order not to buy an "apartment with problems", we recommend that you carefully check the documents for its sale.
Remember. "It's better to check the documents for an apartment seven times than to buy them once without checking them."
It is impossible to determine the exact list of documents 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 with examples of documents for review.
- How to find out who owns the apartment?
Ask the seller of the apartment to provide you a document confirming his ownership of the apartment.
The right of ownership of the apartment can be confirmed by one of the following documents: notarized contract of sale, donation, exchange, inheritance contract, certificate of ownership, certificate of inheritance, certificate of ownership of a share in the common property of the spouses, agreement on the division of hereditary property, court decisions and the like.
In addition to the title documents for the apartment, we recommend that you check the 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 (you must have an electronic digital signature). It can be obtained in 5 minutes if you are a PrivatBank customer.
For the sale of an apartment belonging to a minor or incapacitated person, a person with disabilities, you must additionally check the availability permissions guardianship and trusteeship authorities for the alienation of the apartment.
Do others have persons entitled to an apartment?
- If the apartment was acquired in marriage, then one of the spouses has the right to it and must consent to the sale of the apartment.
To sell the apartment in this case, the notary will need to provide marriage certificate and notarized statement of consent of the spouse for the sale of real estate.
This rule also applies when, after a divorce, an apartment that was bought in marriage is sold. Then the seller will need to provide additional divorce certificate or death certificate of the other spouse.
Pay attention! If the apartment was purchased by inheritance, gift, privatization or before the conclusion marriage, the consent of the other spouse is not required.
- Find out if there are other people registered in the apartment besides the owner.
Ask the seller of the apartment to provide you a certificate of family composition or an extract from the Register of the territorial community on the persons registered in the apartment.
With this document you will find out who registered in the apartment, do they live there children or incapacitated.
The owner of the apartment can get certificate of family composition in the executive body of the village, township or city council, and an extract from Register of the territorial community about the persons registered in the apartment - at the notary.
- If you are buying part of an apartment, 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 expropriated part of the apartment.
In this case, the seller must additionally confirm the existence of the document - notarized statements of the owners of common ownership of the waiver of the right of pre-emption of the share of the apartment for sale.
- Was the apartment redeveloped?
Check out technical passport for the apartment. This document contains the total area of the apartment, its living area 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 a redevelopment has been made, the owner must receive new technical passport for the apartment with new room sizes after redevelopment.
- Should the appraised value of the 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 noted in apartment appraisal report.
We have given you an approximate list of basic documents for the apartment, which must be checked before buying it.
Let's help to get real estate safely
To minimize the risks, faster and more complete preparation for the purchase of an apartment, we recommend that you turn to professionals. They will take responsibility for the consequences of your purchase of an apartment and, in addition to the above issues and documents, will further analyze:
- stay of the apartment in the mortgage, tax pledge;
-existence of arrests or bans on sale;
-history of the apartment and their owners;
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