Процедура покупки недвижимости нерезидентом

The Client:

A non-resident individual.

The crux of the matter:

The individuals who are nationals of Ukraine often apply for legal advice in Law Firm “Legal Consulting Center”. This time a non-resident client, a citizen of Poland, appealed to us with a request to give a quick and comprehensive answer on the possibility of purchasing an apartment in the city of Kyiv and a land plot in the Kyiv region. Lawyers of the LF”LCC” are quite qualified and specialize in various spheres of the legislation of Ukraine and accordingly qualitatively and quickly gave an exhaustive answer to all the client`s questions, namely:

  • the acquisition of real estate in Ukraine, unlike some other countries, does not allow the owner of such property to have certain “preferences”, as an opportunity to automatically obtain the right to reside on the territory of Ukraine, as well as any other privileges. However, persons who have made a foreign investment in the economy of Ukraine in a foreign convertible currency for at least US $ 100,000 have the opportunity to obtain permission to immigrate to Ukraine, which is accordingly the basis for issuing a certificate of permanent residence;
  • the purchase of real estate by a non-resident can be carried out at various stages of the readiness of the objects: by investing in real estate construction, acquisition of unfinished construction, acquisition of real estate, the right of ownership, which is registered, including in the primary or secondary market;
  • in Ukraine foreigners and stateless persons can not purchase only agricultural land, any other real estate they can purchase without any restrictions;
  • non-residents on an equal basis with citizens of Ukraine have the opportunity to participate in public procurements for the implementation of mortgaged property. Such property (despite the problems of former owners) is attractive to a foreign investor given relatively low cost compared to the market prices. Ukrainian legislation does not establish any restrictions or prohibitions on the participation of non-residents in public procurements;
  • a list of documents necessary for the acquisition of property rights by a non-resident in real estate in all cases without fail was given ;
  • the ways and restrictions on investing by non-residents or legal entities (to which non-residents can participate) were outlined;
  • the methods of settlements under real estate purchase and sale agreements for non-residents were listed;
  • obtaining an individual tax number in the State Fiscal Service of Ukraine;
  • it was separately noted that the implementation of investment in housing is also provided by international agreements. In particular, on 14.09.1993 the Agreement between the Government of Ukraine and the Government of the Republic of Poland on mutual promotion and protection of investments entered into force. Article 10 of the Agreement provides for the possibility of applying the investor to a special arbitration court. Thus, citizens of the Republic of Poland have additional guarantees to protect their investments. In the event of any unlawful or discriminatory actions by the state authorities of Ukraine, the investor has the opportunity to apply to not only the Ukrainian judiciary, but also to the international arbitration court.

The result:

The Client was satisfied with the quality of the service provided.

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