It's no secret that real estate sales in Kyiv and the Kyiv region have fallen due to constant threats of rocket attacks and suicide bombings.

Considering the situation of real estate acquisition in Kyiv and the Kyiv region, it is possible to note both positive and negative factors.
Positive · developers are ready to go for more flexible payment terms; · a large number of apartments are sold by assignment, at a price lower than that of developers; · many people sell apartments in Kyiv and the region with an attractive discount; | Negative · damage (destruction) in connection with military operations; · freezing of construction due to a sharp increase in the dollar; · postponement of construction dates due to power outages, lack of building materials. |
And even in such troubled times, we are approached for legal real estate inspections. This time, the client wants to buy an apartment in Residential complex "LIKO - GRAD Perfect Town», which is located in Kyiv on the street Mykhailo Maksymovich, 32, what came out of it, in our today's article.
So, Residential complex "LIKO - GRAD Perfect Town» the project from Liko-Holding and Perfect Group is positioned as a comfort-class housing, which will consist of 5 buildings.


Let's help to buy real estate safely
The first thing we check is the land plot on which the construction is located.
Land plot
The construction of the "LIKO-GRAD Perfect Town" residential complex is carried out on two land plots with cadastral numbers: 8000000000:72:287:0006 with an area of 4.0866 hectares and 8000000000:79:364:0142 with an area of 0.6046 hectares.
Residential building No. 5, in which our client intends to purchase an apartment, is located on a plot of land with cadastral number 8000000000:72:287:0006.
The plot of land is intended for the purpose of 03.15 - for the construction and maintenance of other public buildings. Category - land plots for public development (land plots used for the placement of public buildings and structures (hotels, office buildings, commercial buildings, for public performances, for museums and libraries, for educational and research institutions, for hospitals and health care institutions), others public facilities);
The purpose and type of use of the land plot do not correspond to the purposes of construction. We learned from open sources that there was supposed to be construction of a shopping and entertainment complex on this site, but due to the construction of the Respublika Park and Lavina malls, the developers decided to start construction of the residential complex itself.
To check the land plot, we received current certificates from the State Register of Real Property Rights and the Register of Property Rights, the State Register of Mortgages, and the Unified Register of Prohibitions on Alienation of Real Property Objects.
According to the information specified in the state register of property rights to immovable property, the owner of the land plot is the territorial community of the city of Kyiv represented by the Kyiv City Council.
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The land plot was leased to LLC "L-GRUP" EDRPOU code: 31811499 (construction customer) on the basis of the land plot lease agreement dated 04/11/2006 under registration No. 224, the agreement on the conclusion of the land plot lease agreement for a new term dated 10/21/2021 according to registration No. 798. Thus, the lease term was extended until 10/21/2031.
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Regarding the land plot, there is no information about current arrests, mortgages, encumbrances. There are no prohibitions on land alienation.
We also searched for court decisions, the subject of which is the land plot on which the construction is being carried out (the search was carried out according to the cadastral number criterion).
In the Unified State Register of Court Decisions, we found, in particular, court decisions regarding this land plot, namely case no. 5011-51/1150-2012.
In this case, the deputy prosecutor of the city of Kyiv appealed to the Economic Court of the city of Kyiv with a lawsuit in the interests of the state in the person of the Kyiv City Council against the limited liability company "L-GRUP" for the termination of the land lease agreement concluded between the parties, registered in the book of state registration records of contracts dated 11.04.2006 under No. 72-6-00357 and the defendant's obligation to return to the plaintiff a land plot with an area of 4.0866 hectares located on the street Onufria Trutenko, 32, Solomyansky district of Kyiv.
Next, we conduct an analysis of construction documents and ask ourselves the question: "who gave the permission to build"?
Analysis of construction permits
For the construction of the residential complex, a construction permit was obtained on June 7, 2012 under the number KV 11412092896. The portal of the Unified State Electronic System in the field of construction contains information on the construction permit.
Also, on the website of the Unified State Electronic System in the field of construction, there is information about data changes in the construction permit dated August 11, 2021.
The customer of the construction is "L-GRUP" LLC.
Permission has been granted for construction multifunctional shopping and entertainment complex with underground parking on the street Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv.
Urban planning conditions and restrictions No. 4914/0/18-1/009-12 dated 04/17/2012 were issued for construction.
Urban development conditions and restrictions were issued for the construction of a shopping and entertainment complex.
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Moreover, in connection with the fact that the construction of the object is carried out on the territory near the airport, the Developer did not coordinate the construction with the operator of the airport, the air navigation service provider and without the consent of the State Aviation Service, which led to the adoption decision of the State Aviation Service of Ukraine No. 210 of April 5, 2019. on the termination of construction (activities provided for by the second part of Article 69 of the Aviation Code of Ukraine) on the airport territory, at the address: Kyiv, str. Mykhailo Maksymovicha, 32, which is carried out by L-GRUP LLC.
In the decision of the District Administrative Court of the city of Kyiv dated September 15, 2021, in case No. 640/12719/19, it is stated that: "L-GRUP" Limited Liability Company applied to the State Architectural and Building Inspection of Ukraine with application entry No. 40-30/ 2808-45 dated 08/28/2019 in the form in accordance with Appendix 10 of the above-mentioned Order on Amendments to Construction Work Permit No. KV 11412092896 dated 06/07/2012 for the construction of a multifunctional shopping and entertainment complex with underground parking on the street. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv, the location of the construction object is str. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv, cadastral numbers of land plots - 8000000000:72:287:0006, 8000000000:79:364:0142, type of construction - new construction, object code 1122.1, class of consequences SSZ, list of objects included in the complex (building): 1st row: residential building No. 3, RP -SSZ; 2nd row - supermarket - SSZ; 3rd row – Residential building No. 2 -SS2; 4th row - Residential building No. 1, TP - SSZ; 5th stage - Extension to residential building No. 1 - SSZ; 6th row – Residential building No. 4 – SSZ; 7th row – Residential building No. 5 – SSZ; 8th row - Kindergarten - SSZ; 9th row - Parking - SSZ.
Regarding construction there are a number of court cases
Case No. 640/12719/19
On July 15, 2019, the State Aviation Service of Ukraine filed a lawsuit against L-GRUP LLC, the State Architectural and Construction Inspection of Ukraine, the Department of Urban Planning and Architecture of the Executive Body of the Kyiv City Council for recognition of illegal actions and inactions, and an obligation to take actions.
The claims of the State Aviation Service of Ukraine were as follows:
- to oblige L-GRUP Limited Liability Company to comply with the decision No. 210 of April 5, 2019;
- to oblige the limited liability company "L-GRUP" to demolish the spontaneous construction at the address: Kyiv, st. Mykhailo Maksymovicha, 32;
- to recognize as illegal the inaction of the Department of Urban Planning and Architecture of the executive body of the Kyiv City Council (Kyiv City State Administration) regarding the non-approval of the construction site at the address: Kyiv, st. Mykhailo Maksymovicha, 32, and to oblige to take actions regarding the approval of the above-mentioned construction;
- recognize as illegal the actions of the Department of Urban Planning and Architecture of the executive body of the Kyiv City Council (Kyiv City State Administration) regarding the issuance of urban planning conditions and land development restrictions dated April 17, 2012 No. 4914/0/18-1/009-12 for the construction object under address: Kyiv, str. Mykhailo Maksymovycha, 32 and cancel them;
- recognize as illegal the actions of the Department for State Architectural and Construction Control of the City of Kyiv of the executive body of the Kyiv City Council (Kyiv City State Administration) regarding the issuance of a permit for the start of construction works No. KV 11412092896 on the construction site at the address: Kyiv, str. Mykhailo Maksymovicha, 32 and cancel it.
As of September 18, 2023, the case is ongoing and the case has not yet been settled, which is a potential threat to the implementation of construction and registration of ownership of the object.
Case No. 640/25098/19
The public organization "PEOPLE AGAINST CORRUPTION" appealed to the District Administrative Court of the city of Kyiv with an administrative claim against the State Architectural and Construction Inspection of Ukraine, a third party without independent claims on the subject of the dispute on the part of the Defendant - L-GRUP Limited Liability Company and asked the court:
- to recognize as illegal the actions of the State Architectural and Construction Inspection of Ukraine regarding the change of data No. IU123192410590 in the Permit for construction work No. КВ11412092896 dated June 7, 2012. from the construction of a multifunctional shopping and entertainment complex with underground parking on the street. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv based on the notice of the customer - L-GRUP Limited Liability Company;
- to recognize as illegal the actions of the State Architectural and Construction Inspection of Ukraine regarding the entry into the Unified Register of documents giving the right to perform preparatory and construction works and certifying the acceptance into operation of completed construction objects, information on return for revision, refusal to issue, cancellation and annulment of the specified documents, information on the change of data No. ИУ123192410590 in the Permit for construction works No. КВ11412092896 dated 06.07.2012. from the construction of a multifunctional shopping and entertainment complex with underground parking on the street. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv based on the notification of the customer - L-GRUP Limited Liability Company.
- oblige the State Architectural and Construction Inspection of Ukraine to cancel (cancel) data changes No. ИУ123192410590 in Permit for construction works No. КВ11412092896 dated 06/07/2012. from the construction of a multifunctional shopping and entertainment complex with underground parking on the street. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv based on the notification of the customer - L-GRUP Limited Liability Company.
- to oblige the State Architectural and Building Inspection of Ukraine to exclude from the Unified Register of documents giving the right to perform preparatory and construction works and certifying the acceptance into operation of completed construction objects, information on return for revision, refusal to issue, cancellation and annulment of the specified documents, information on changes to data No. IU123192410590 in Permit to perform construction works No. КВ11412092896 dated 06.07.2012. from the construction of a multifunctional shopping and entertainment complex with underground parking on the street. Onufria Trutenko, 32 in the Solomyanskyi and Holosiivskyi districts of Kyiv based on the notification of the customer - L-GRUP Limited Liability Company.
Case No. 910/12716/23
Kyiv National Linguistic University appealed to the Commercial Court of the city of Kyiv with a lawsuit against LLC L.S.C. and to LLC "L-GRUP" on invalidating the contract and canceling the registrar's decisions.
The subject of this case is the enforcement of the loan agreement No. 28-1/10 dated October 28, 2020, by concluding a mortgage agreement No. 6129 dated November 16, 2020, the subject of which is the real estate of the dormitory section 4, lit. "A" (registration number of the real estate object: 897320480000) and a dormitory of section 5, lit. "A" (registration number of the real estate object: 909520080361), since these real estate objects belong to the Kyiv National Linguistic University.
Before choosing an apartment complex, check whether the developer has any construction litigation.
Also, we analyzed the preliminary contract of purchase and sale of the apartment and the Derivative contract (forward) offered by the developer for signing.
Analysis of the previous contract and conclusion of the Forward contract
The preliminary contract for the purchase and sale of an apartment is not directly provided for by the Law of Ukraine "On Investment Activities" as a method of attracting funds of individuals for the construction of residential buildings. However, the legislation does not prohibit the conclusion of such contracts, especially since such a possibility is provided for by the Civil Code of Ukraine. According to this contract, the seller is obliged to sign a basic apartment purchase and sale agreement with the buyer in the future. Certain risks still exist when concluding such an agreement. For example: the possibility of untargeted spending of funds, delaying the terms of handing over the house. If the seller refuses to sign the main sales contract, the buyer cannot claim the apartment, but only demand a refund from the seller. If the seller does not return them voluntarily, then they will need to be collected in court. In addition, the client must bear additional costs related to the notarization of the contract and the payment of state fees.
The preliminary contract is concluded in the form established for the main contract. In this case, the main contract is an apartment sale contract, which must be concluded in writing and notarized. That is, the same requirement for the execution of the previous contract.
According to forward contracts, the investor (buyer) does not acquire the right of ownership of the apartment itself, but only acquires property rights to the right to acquire ownership of the Apartment after putting the Construction Object into operation (Article 331 of the Civil Code);
In the future, the buyer cannot recognize the right of ownership of the newly constructed property, because legally, according to the norms of the current legislation of Ukraine and court practice, such a right will arise from the moment of state registration of the right of ownership (Legal Opinion of the Supreme Administrative Court dated February 18, 2016 in case No. 6-244цс14).
By weaving a forward contract (derivative) into the apartment purchase and sale agreement, the developer optimizes the tax burden.
Conclusions
The developer received permission to carry out construction work on a shopping and entertainment complex, but instead began to build high-rise buildings, in turn not agreeing the construction with the State Aviation Service of Ukraine, because the site is located in the airport zone of the "Zhulyany" airport.
One of the main disputes today, the dispute with the State Aviation Service of Ukraine, may lead to a court decision with the obligation to demolish the spontaneous construction at the address: Kyiv, st. Mykhailo Maksymovicha, 32. There are also other court processes.
We recommend that you pay attention to urban planning conditions and technical conditions for connecting communications.
If you decide to buy an apartment, contact our law firm, and we will check all the documents and provide you with comprehensive answers.
We will identify risks, check the property and the seller





