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Real-estate operations resumed

The Cabinet of Ministers of Ukraine has reinstated notarial and registration actions with the real state, adopting decree No.480 as of April 4, 2022. However, several restrictions are valid during martial law and one month after its termination or cancellation.    

 Let's look into the matter in greater detail.

What notary to contact?

Currently, only notaries included in the List, approved and constantly supplemented by the Ministry of Justice, can carry out notarial actions.
(Unfortunately, it is available in Ukrainian only on the Ministry of Justice website).

NB, We recommend checking the notary in the up-to-date List beforehand to see if there are restrictions for particular notarial actions.

What territorial limitations to keep in mind?

It is forbidden to perform any notarial activities on the temporarily occupied territories and the territories with ongoing battle (Donetsk, Luhansk, Kherson regions, Crimea, Sevastopol city, and partly in Zaporizhzhya, Mykolaiv, Kharkiv regions.)

Where to do juristic acts?

Notarizing contracts and state registration of rights on such a property are allowed solely within the real estate area.

Exceptions are Kyiv city and the Kyiv region, where notaries perform those operations with their workplace only in Kyiv city and the Kyiv region under the following conditions:
1) at the location of such property
2) at the location of the legal entity
or 3) at the registered place of residence of the physical person, i.e., individual party to the contract.

What is prohibited?

Notarial certification of juristic acts is forbidden in the event:

1) if the alienor registered their ownership right less than a month ago (excluding the cases of inheritance or determination of shares in the right of common joint ownership)
2) if the alienation of valuable assets is carried out based on POA from the physical person-alienor
3) of sale and purchase of mortgaged property belonging to the physical person under the consumer loan (unless there is a notarized consent of the mortgagor) 
4) of transfer of real estate property to and from the authorized capital of legal entities

Moreover, it is prohibited to carry out executory endorsement under loan agreements that are not certified. 

What registration acts are restricted?

State registration of property rights is not allowed in the following cases:
  • alienation of immovable property, which occurred based on a power of attorney of an alienating individual;
  • an agreement (applies to other property rights), certified by a notary from 02/25/2022 until the day of inclusion in the List;
  • less than a month has passed since the preliminary registration of the ownership right (except for inheritance or determination of shares in the right of common joint ownership);
  • transfer of property into ownership: (1) to legal entities as a contribution, (2) to physical persons and legal entities that no longer are founders (participants) of the legal entity

We hope that despite quite a number of restrictions, such changes will assist in boosting the real estate market that has been paralyzed since the war started.