Why do you need a notary for registration of real estate transactions

08.12.2009 10:54
Making your real estate transaction requires the mandatory notarization. Firstly, a number of transactions without notarization will be considered invalid, and secondly - it reduces the risks involved homeowners. Consider the basic "postulates," you need to know every potential buyer or seller of real estate.

Under current law, the notary upon the certification of real estate transactions thoroughly checks the submitted documents for their legality, reliability and correctness of registration. And also in the mandatory checks:
- Does the right person to sell your property, selling it, whether he is competent to make this deal;
- Availability and reliability of all necessary documents for the transaction;
- If necessary, asks both sides of the other missing documents.

Do not forget the papers!

Gathering in a notary's office, you need to carry a full set of documents. In accordance with the Regulations on the order of a notary public notaries of Ukraine, approved by Decree of the Ministry of Justice of Ukraine from 03.03.2004 № 20 / 5, for processing transactions for the disposal of real estate (sale, exchange, donation, life annuity, etc.) must have the following documents:
- A passport or other identity document of participant;
- Legal documents, ie, a document which confirms the ownership of real property;
- Help-characteristic of BTI on the alienated property;
- Certificate of no restraints on alienation or seizure of the property;
- The written consent of the other spouse for alienation of the property if it was acquired by the spouses during the marriage;
- Permission of the guardianship, if the owner or one of the co-owners of the property is a minor, incapacitated or limited legal capacity;
- Power of Attorney, if the transaction is not a personal property owner and his representative;
- Help from the housing department: the shape number 3 and the lack of debt on utility bills.
Important! The difference between an agreement and in the private and public notary not. In accordance with the Law of Ukraine "On Notary", both contracts are valid and have equal legal force.

Compulsory license and registration

There are a number of cases where formalize a deal without the help of the notary will not work. It simply will not have legal force and can be challenged in court at any time. In accordance with applicable law, subject to mandatory notarization contracts for the alienation (sale, exchange, donation, life annuity) of residential houses, apartments, or other immovable property. "Failure to comply with the mandatory notarial form of a transaction shall entail the invalidity of such transaction. Each of the parties in this case must return to its counterpart whatever is received in the transaction, and if the return in kind is impossible - to reimburse the cost of money" - told a private notary Tatiana Evdoteva.
In addition, you must remember to compulsory state registration of property. Acquired property owner must register in the prescribed manner. State registration of immovable property is carried out by special state-owned enterprises - the bureau of technical inventory of local authorities (BTI) on the basis of the relevant documents of title at the expense of the owner of real estate.
The objects of immovable property subject to mandatory state registration are:
- Dwelling house (household), placed on the land under the individual serial number on the street, square or alley;
- Non-residential houses, cottages, garden houses, garages, construction of industrial, economic, social, domestic and other purposes, placed on a separate plot of land;
- Built-in non-residential dwellings (as part of the house);
- Apartments in apartment buildings.
Important! Subject to state registration sites, which finished construction and put into operation regardless of ownership and departmental subordination.
The Treaty of alienation, namely: the sale, exchange, and so on, right after the conclusion and notarized registered in the State Register of transactions. "This operation produces a notary public on their own. Today, most notaries are connected to a single database and provides for such registration in a few minutes," - said the notary private notary office Sergei Valya. In addition, there are still registry imposing bans and arrests on alienation of property. But to make any information can only be a notary.

Zone total exclusion

There are cases when you need to approve the deal on the alienation of a share of property in common ownership. In this case the notary shall ascertain that the seller is notified in writing of all other participants in common ownership (both citizens and legal persons) of its intention to sell its stake to a third person, specifying the price and other terms on which apartment for sale.
Important! With the certification of contracts of life maintenance, donation, barter share of property selected by agreement of co-owners or by court order, as well as in the case of a sale of the house at public auction these rules do not apply.

Give me a gift

Donation contract - a document whereby one person transfers his property without compensation to the property to another person. Such a contract is one of the so-called real contracts, ie considered to be concluded since the transfer of things. Therefore we can not apply to the court stating that the person has promised to make a gift, and then promise not fulfilled. The contract of donation of property, including real estate, more than the statutory amount to be entered in notarial form. Violation of notarial form of contract makes it invalid.
Important! Parties to the contract may only be capable citizens. Minors (under 18), as well as limited legal capacity may be parties to the contract only with the consent of parents, guardians (trustees).

Legal Support

Notaries in the certificate of real estate transactions perform only duties to verify the documents specified in the legislation, but it is not always a guarantee does not become a victim of fraud. Therefore, acquiring property, the buyer must keep in mind: how carefully realtor, notary or the registrar, are drawing up the deal, did not check its legal clarity, the full assurance that the transaction will not ever challenged, yet not.
Lawyers recommend that: in order to protect yourself when making real estate transactions and to prevent potential negative consequences of its conduct it is better to seek professional legal advice. Namely, check the history of the object that is purchased, the documents on housing and other details. You can also use this service as a legal support of real estate. This may be to check the rights to dispose of property from the person selling the apartment, checking the legality of buying an apartment vendor, development or testing of the text of the contract of sale; consultation of the parties with respect to the documents required for the transaction, approval of the text, time and place of signing the contract with the notary; design rights to property, legal analysis of legal documents.
The last legally significant action in the transaction is the state registration of property rights, which must also be supervised by a specialist. This - the most important stage in the transaction when the evaluated results and quality of work carried out by lawyers. It is important to remember that the title passes to the buyer only after the state registration, and its success depends upon competent legal actions, which are provided by specialists in legal support of real estate transactions.
It should be noted that real estate transactions are certified by a notary or recorded at the exchange. However, some instruments (eg contract of life maintenance, deed of gift) can only be certified by a notary, while others (such as a contract of sale, barter) - as a notary and registration on the Exchange.


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