Purchase of land by foreigners in Ukraine





01.10.2010 21:05
Plots are among the most interesting objects for investment in Ukraine. And it is aware of both Ukrainian and foreign investors.

The basic guideline for making decisions about investments in the purchase of land for commercial purposes is to estimate the most likely to yield. The average payback period of commercial property in Ukraine - from 2,5 to 5 years, ie the rate of return is 20-40% per annum.

Ownership of land in Ukraine is regulated by the Law of Ukraine "On Property". The subjects of property rights may be other states, their legal entities, joint ventures, international organizations, citizens of other countries and stateless persons.

In accordance with Part 2 of Art. 81 Land Code of Ukraine, foreign citizens and stateless persons may acquire ownership of land non-agricultural use within the settlements and their boundaries - only the land on which there are objects of immovable property belonging to them on the right of private property.

Thus, a foreign citizen and stateless persons may acquire private property of non-agricultural land located within the settlement.

Foreign nationals and stateless persons may acquire ownership of land in the event of:

* Purchase of a contract of sale, gift, exchange, other civil law agreements;
* Land acquisition, which are properties owned by them on the right of ownership;
* Acceptance of the inheritance (and agricultural land adopted by the legacy of foreign citizens and stateless persons, within one year subject to alienation.

In order to purchase real estate in Ukraine, foreign citizens, except for material resources, will need your passport and proof of legal residence in the territory of Ukraine. For drawing up the contract of sale of land to the seller and buyer of real estate, you must have an identification number.

If a foreigner wishing to buy property in Ukraine does not have an identification number of an individual, then this alien before entering into a contract of sale need to get it, or a notary is simply not confirm the contract and the deal will not happen.

Get the alien identification number may in any district of the State Tax Inspectorate or the State Tax Administration of Kyiv and Sevastopol. This procedure is simple, you need only fill out a form with personal details and submit a copy of your passport. Typically, a week after the submission of these documents shall be issued a certificate of identification number. Thus, obtaining an identification number is not a big problem, but this should take care in advance.

The sale contract must notarize, and record all documents in the state bodies of Ukraine. To purchase real estate in Ukraine requires the consent of the spouse (wife).

Allowed the union property that is owned by citizens, legal persons and States, and the creation on this basis, the mixed forms of ownership, including ownership of joint ventures with the participation of legal entities and citizens of other states. This suggests that any property can be bought for two, three, etc.

All owners are provided with equal opportunities to exercise their rights.

Foreign nationals and stateless persons shall enjoy the rights and obligations in respect of them belonging to the territory of Ukraine of the property equally with the citizens of Ukraine.

In accordance with Paragraph 2 of Article 82 of the Land Code, foreign legal entities can acquire title to the land of non-agricultural purposes:

* Within the boundaries of settlements in the case of acquisition of immovable property and the construction of facilities related to business activities in Ukraine;
* Outside the boundaries of settlements in the case of acquisition of immovable property.

It should be noted that according to Article 63 of the Commercial Code of Ukraine's foreign-owned enterprise - an enterprise in which foreign investment in the share capital of 100%.

According to the Land Code of Ukraine's foreign enterprises and enterprises with foreign investments are assigned to a "discharge" in terms of land ownership. These enterprises are entitled to receive the ownership of land for nonagricultural purposes of civil law contracts, by inheritance, etc.

Required documents to the buyer of real estate or land:

1. Passports of all homebuyers spouse buyer if the buyer is married.
2. Identification codes of all homebuyers spouse buyer if the buyer is married, children, if children will be buyers of real estate.
3. Certificate of registration of marriage, if the buyer is married.
4. Certificate of divorce or death certificate, if the buyer had been married.
5. Statement - consent spouse to purchase real estate, notarization, if the spouse is absent from the signing of the contract.
6. Birth certificate of children, if children will be the buyers (owners) of real estate.

In case of signing the contract representative of the buyer must have notarized power of attorney to sign the contract.

Payments when you make a purchase and sale of real estate:

* Pension collection
* Help the absence of a tax lien to all purchasers
* Registration of sale and purchase agreement in the register of transactions
* Notary services
* Notarization of spousal consent for the acquisition of real estate
* Services Agency
* Registration of sale and purchase agreement at the BTI

In July 2003 the provisions of the Land Code of the land ownership of legal persons (Article 82) was amended, which establishes the right of ownership of land for joint ventures with foreign-based individuals or legal entities (hereinafter - Joint Ventures). Thus, the legislator has expanded the range of subjects of land ownership and identified for the joint venture some of the limitations associated with the emergence of land ownership.

In accordance with Part 3. 82 HCC Joint ventures can acquire ownership only on non-agricultural land in the cases provided for in paragraphs 1 and 2 of Article 82 of the TSP.

In the following cases:

* Acquisition of a contract of sale, exchange, gift, for any other civil contracts
* Making land in the authorized capital of the enterprise
* Acceptance of the inheritance
* If the land is located within the settlement, in case of purchase of immovable property or for construction of facilities related to business activities
* If the land is located outside the settlement, in case of purchase of immovable property
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