Are you buying a flat? 20 checks you should carry out before paying

Buying a flat is one of the most expensive transactions you’ll ever make, so a stylish refurbishment, a good neighbourhood and the seller’s assurance that «the paperwork is all in order» aren’t enough. Before paying a deposit, it’s worth checking the flat itself, its owner, the history of the transfer of ownership, any charges and mortgages, legal proceedings, co-owners, children’s rights, alterations and debts.

You need to be particularly careful on the secondary market. Some property rights registered before 2013 may still be held in the old paper archives of the BTI, rather than solely in the modern State Register of Property Rights. The official «Diya» service explicitly provides for a separate procedure for entering such old rights into the State Register of Property Rights, involving the verification of documents through the BTI.

1. Check who is actually selling the flat

The first question is — Is the seller the actual owner of the flat?.

Ask to be shown the original passport or other identity document, the RNOKPP, and the document establishing the right of ownership.

Such a document may be:

• contract of sale;
• a contract of gift or exchange;
• certificate of inheritance;
• privatisation documents;
• court ruling.

The name on the seller’s documents must match the details of the property owner.

Don’t just rely on photos of documents sent via Telegram or copies sent by the estate agent. You need to see the originals before transferring a significant sum of money.

If a flat is being sold by a representative acting under a power of attorney, the risk involved in the transaction does not automatically imply fraud, but the checks should be more thorough. It is worth finding out why the owner is not involved in person, whether the power of attorney is valid, and whether it grants the right to sell the specific property and receive the proceeds.

2. Request a certificate from the State Register of Property Rights

This is one of the key checks.

Information from State Register of Real Rights in Immovable Property enables users to retrieve information from several registers at once. These include the State Register of Real Estate Rights, the former Register of Property Rights, the State Register of Mortgages and the Unified Register of Restrictions on the Disposal of Immovable Property.

Please check:

• who is the owner;
• how many owners;
• particle size;
• the date of registration of the right;
• the basis on which the right arises;
• whether there is a mortgage;
• arrests;
• prohibitions on disposal;
• other registered encumbrances.

Information can be obtained either by property or by individual. «Action» It also explicitly states that it is possible to request information about another person’s property.

The online service may be temporarily unavailable whilst maintenance work is being carried out. Alternatively, you can obtain information through the Centre for Administrative Services, and a notary will carry out a professional check immediately prior to signing the contract.

3. If the flat was registered before 2013, check with the BTI

One of the common mistakes buyers make is to find that the modern land registry shows no entries and conclude that the flat is problematic or does not belong to anyone at all.

Prior to the creation of the current State Register of Property Rights, information on immovable property could be recorded on paper at the BTI.

«Dія» explains separately that if ownership was registered before 2013, a notary or state registrar may submit a request to the relevant Bureau of Technical Inventory (BTI) to verify the information.

Therefore, an older flat with title deeds dating from the 1990s or 2000s requires a particularly thorough check of its title history.

This is precisely where it is advisable to involve a notary prior to the payment of the deposit, rather than on the day of sale.

4. Find out how the seller came to own the flat

The mere fact that ownership has been registered does not mean that you can stop checking the documents.

It is important to understand the history of the flat.

For example, the seller could:

• to inherit it;
• buy;
• to privatise;
• receive as a gift;
• to become the owner by virtue of a court judgement.

Apartments that meet the following criteria deserve special attention:

• have been resold several times recently;
• were inherited shortly before the sale;
• obtained by court order;
• sold immediately after being donated;
• previously had several co-owners;
• They changed hands very quickly from one owner to another.

None of these circumstances in itself poses a problem. However, the more complex the history of the transfer of ownership, the more thoroughly the relevant documents need to be checked.

For example, if a flat has changed hands between three owners within the space of a year, it makes sense to find out the reason for such a high turnover.

5. Check all co-owners

If the flat is owned by several people, the seller cannot simply claim to be the sole owner of the entire property.

The following must be checked in the extract:

• who owns the shares;
• what their size is;
• what exactly is on sale — the whole flat or just a share.

Buying a share is a separate category of transaction with additional legal implications. If an advert states «flat for sale», but the documents reveal that the seller owns, for example, only half of the property, this is a fundamentally different transaction.

6. Find out the seller’s marital status

An flat may be registered solely in the name of the husband or wife, but in reality it belongs to the spouses as joint property.

That is precisely why you need to set:

• when the flat was purchased;
• whether the owner was married at the time;
• on what basis the property was acquired;
• Is the consent of the other spouse required?.

The Family Code of Ukraine requires the written consent of the other spouse for contracts relating to valuable property, and for transactions requiring notarisation, such consent must be given in notarised form.

For example, if a husband purchased a flat during the marriage but only his name appears in the register, this does not necessarily mean that his wife has no interests in it.

A notary must analyse the specific situation before drawing up a contract.

7. Check children’s rights particularly carefully

If a child is the owner of a flat or part of a flat, it is not possible to sell such a property through the standard procedure.

The law provides for supervision by child welfare authorities over transactions involving a child’s property. Permission for such a transaction is granted on condition that the child’s right to housing is safeguarded.

It is also worth finding out whether the children have any other legally significant rights to use the property.

Therefore, the seller’s statement that «the child is simply registered here; there are no problems» should not be the sole basis for a decision. A notary must verify the situation, taking into account the specific documents.

8. Find out who is registered at the flat

Before concluding the agreement, ask the seller to provide up-to-date information about the people whose place of residence is registered at this address.

Particular attention should be paid to children and other individuals who may have specific rights to use the property.

It is advisable to set out the following clearly in the contract itself:

• when the seller and members of their family are required to vacate the flat;
• when they are required to deregister from their registered place of residence;
• when the keys are handed over;
• what happens if these deadlines are not met.

Don’t just leave it at a verbal agreement along the lines of «we’ll check out in a couple of days».

9. Check for mortgages, seizures and restrictions

If the flat was used as security for a loan, has been seized as part of enforcement proceedings, or is subject to a prohibition on disposal, this must be recorded in the relevant registers.

That is precisely why the DRRP information report is so important: it covers not only property but also data from the State Register of Mortgages and the Register of Prohibitions on Disposal.

The check needs to be repeated immediately before signing the contract.

A certificate obtained a month ago does not guarantee that the flat was not seized yesterday.

10. Look for the seller in court records

One of the most useful additional checks is the courts.

On the official website «The Judiciary of Ukraine» service «Case Status» allows you to search, for example, by party to the case.

There is also the Unified State Register of Court Decisions, which is designed to enable users to search for and view court decisions.

Please take note of cases concerning:

• the division of the spouses’ property;
• inheritance;
• recognition of ownership;
• declaration of contracts as void;
• mortgages;
• the recovery of large debts;
• disputes between co-owners;
• cancellation of the state registration of a right.

The mere fact that there is a legal case does not mean that the flat cannot be sold. However, if the seller is simultaneously involved in legal proceedings concerning ownership of this very flat, it is extremely risky to sign a contract without a thorough legal due diligence check.

11. Check whether the seller has any significant debts

The seller’s debts do not automatically mean that their flat is problematic.

However, substantial debts and outstanding enforcement proceedings pose an additional risk. For example, in theory, an encumbrance could be placed on the property between your initial inspection and the date of the property contract.

It is therefore of fundamental importance that checks are carried out on the day of the transaction.

You shouldn’t rely on the PDF extract that the seller sent a few weeks ago.

12. Compare the flat with the technical documentation

An apartment that is legally in order may have problems of a different kind — unauthorised alterations.

Take the technical certificate or any other available technical documentation and compare it with the actual flat.

Please note whether:

• connected the room to the balcony;
• moved the kitchen or bathroom;
• the walls were dismantled;
• changed the layout of the premises;
• annexed a corridor or part of the common property;
• created new doorways.

Interference with load-bearing structures is particularly dangerous.

If the actual situation differs significantly from the documents, it is advisable to consult a specialist to ascertain whether the changes were lawful.

13. Don’t judge a flat solely on the basis of its refurbishment

During your second viewing, try to forget about the furniture and décor for a few minutes.

Please check:

• the walls near the windows;
• the corners of the rooms;
• ceiling;
• bathroom;
• ventilation;
• riser pipes;
• electrical distribution board;
• water pressure;
• condition of the windows.

The following should raise suspicion:

• separate sections of the ceiling that have been freshly painted;
• a musty smell;
• fungus;
• large cracks;
• signs of regular flooding.

Have a chat with your neighbours. In ten minutes, they can sometimes tell you more than an estate agent would in three viewings: problems with the roof, the drainage system, the heating, noise or the building’s dilapidated condition.

For an expensive flat, it makes sense to order technical inspection by an independent expert.

14. Check the house itself

You’re not just buying square metres of floor space inside the flat.

Find out:

• who manages the building;
• whether a homeowners’ association has been established;
• the condition of the roof and the basement;
• when the lifts were being repaired;
• are there any problems with the electricity supply;
• what is the status of the heating system;
• whether any major repairs had been carried out;
• Are residents expected to make significant contributions?.

In the Ukrainian context, it is also worth checking:

• back-up power supply for the pumps;
• back-up power supply for lifts;
• back-up power supply for heating systems;
• availability of shelter;
• how the building had coped with previous power cuts.

For flats on the upper floors, check the roof separately. For the ground floor, check the basement, the drainage system and the damp levels.

15. Ask for confirmation that there are no outstanding utility bills

Before signing the contract, please request the current meter readings and, where possible, documents or information regarding the status of payments for:

• electricity;
• gas;
• water;
• heating;
• building maintenance;
• HOA contributions.

Please ask the chair separately CONDOMINIUMS or the management company regarding outstanding debts and forthcoming large payments.

For example, a flat may not have any significant monthly debts, but the building committee has already decided to collect 40,000–50,000 hryvnias from each flat to pay for roof repairs or the replacement of equipment.

It’s good to know up for auction, rather than after receiving the keys.

16. Be careful with deposits

One of the most dangerous mistakes is to give the seller $5–10 thousand first, and only then start inspecting the flat.

The correct sequence is:

1. Initial document check.
2. Registers.
3. Legal risks.
4. Technical inspection.
5. Agreement on the terms.
6. Only then the money.

If the seller insists:

«Let’s go for $5000 today, because tomorrow there’ll be a different buyer»,

This isn’t proof of fraud, but it’s a good reason not to rush into things.

The advance payment document must clearly specify:

• amount;
• its legal nature;
• the price of the flat;
• the terms of the main contract;
• the circumstances under which money is refunded or not refunded.

It is particularly important to set out what will happen if the notarial check reveals a seizure, a dispute over ownership or the absence of the necessary consent.

17. Do not agree to artificially low prices without understanding the risks involved

Sometimes the seller suggests stating one amount in the contract, whilst in reality you end up receiving a much larger sum.

For the buyer, the problem is obvious: if the transaction subsequently has to be contested or a refund sought, the amount documented in writing could be of critical importance.

So the principle is simple: All material financial arrangements must be documented.

The seller’s cost-cutting on paperwork should not expose the buyer to a long-term risk.

18. Choose a notary in advance

There’s no need to wait for the day of the deal.

Send the documents to the notary in good time and ask them to draw up a list of any additional items required.

A contract for the sale and purchase of a flat in Ukraine must be notarised. The Civil Code prescribes a specific form for contracts relating to the sale and purchase of residential buildings, flats and other immovable property.

A notary checks whether the transaction is legally valid and carries out the registration procedures, but this does not mean that they will assess, on the buyer’s behalf, the quality of the refurbishment, the future costs of the owners’ association or the desirability of the neighbourhood.

Legal and technical due diligence should therefore complement one another.

19. Read through the contract again before signing it

Even if the contract has been drawn up by a notary, please read it through in full.

Please check:

• address;
• area;
• registration number;
• the parties’ details;
• the actual price;
• payment procedures;
• the deadline for handing over the flat.

It is also advisable to note the following:

• the date on which the keys were handed over;
• condition of the flat;
• remaining assets;
• meter readings;
• the deadline for vacating the property;
• the seller’s obligation to remove registered individuals;
• Procedure for the final settlement.

If the following items are left in the flat:

• kitchen;
• air conditioning units;
• water heater;
• built-in appliances;
• furniture,

It’s best to write it down straight away.

Otherwise, once the contract has been signed, it may turn out that «the kitchen wasn’t included in the price».

20. Record the handover of the flat

Following the transaction, it is advisable to draw up a handover certificate.

Please note:

• date;
• number of sets of keys;
• meter readings;
• Condition of the flat.

In the case of high-value property, it is worth taking photographs of the property’s condition on the day of handover.

Following state registration, the purchaser must check that the title is correctly recorded in the State Register of Property Rights. State registration of rights constitutes official confirmation of the acquisition of the relevant right in rem.

Red flags when buying a flat

There are times when it’s better not to rush into things, even if the offer is very attractive.

The following should raise concerns:

• the price is significantly below market value for no apparent reason;
• refusal to produce the original documents;
• a requirement for a large deposit prior to verification;
• sale by power of attorney only, with no way of contacting the owner;
• a few quick resales;
• a legal dispute concerning a flat;
• discrepancies between the actual layout and the documents;
• unidentified co-owners;
• issues regarding spousal consent;
• children’s share in property rights without the necessary documents;
• the seller’s refusal to disclose who is registered at the flat.

One such factor does not necessarily indicate fraud. But two or three at the same time are grounds for carrying out an in-depth review with an independent lawyer.

A comprehensive checklist before buying a flat

Before transferring the principal amount, tick the box next to each item:

• The seller’s identity has been verified against the original documents.
• It has been confirmed that the seller is the owner.
• Up-to-date information has been received from the DRRP.
• Arrests, mortgages and restrictions have been checked.
• The legal document has been examined.
• The history of transfers of ownership has been verified.
• For older documents, the information held by the BTI has been verified.
• All co-owners have been identified.
• The seller’s marital status and the need for spousal consent have been verified.
• The children’s rights have been verified.
• It is known who is registered at the flat.
• The seller’s court records have been checked.
• The risks associated with enforcement proceedings have been assessed.
• Actual planning compared with the documents.
• A technical inspection of the flat has been carried out.
• The condition of the building has been checked.
• Debts for utility bills and the owners’ association have been clarified.
• The terms of the deposit have been set out in writing.
• The draft contract was read out on the day of the transaction.
• The notary checked the registers again immediately prior to the sale.
• The price and payment terms are correctly stated in the documents.
• Agreed dates for handing over the keys and vacating the flat.
• Following the transaction, the new owner’s title is verified.

FAQ

How can I check who the owner of a flat is myself?

The main tool is information from the State Register of Real Rights to Immovable Property. The extract contains details of registered rights and related registers. «Diya» allows searches by both property and personal details.

What should you do if your flat isn’t listed in the DRRP?

If the title was registered before 2013, the information may be held in the BTI’s paper archives. In such cases, there is a procedure in place for verifying and entering the old title into the current register.

Is a notary’s verification sufficient?

A notary plays a key role in the legal formalities of a property transaction, but the buyer should carry out a preliminary check themselves or with the help of a solicitor. The notary will not check the quality of the refurbishment, the neighbours, the technical condition of the building or future costs associated with the owners’ association on your behalf.

Should you pay a deposit before viewing the flat?

It is best to check the key documents, the owner and any encumbrances first. If an advance payment is required, the terms of the payment and the conditions for a refund must be clearly set out.

Which document is the most important?

There is no single «key» document. The most important thing is that The title deed, the information from the State Register of Property Rights, the seller’s documents and the actual characteristics of the flat did not contradict one another.

How to safely complete a transaction, from viewing the property to receiving the keys

The best protection for a buyer is not some secret register, but the correct sequence of steps.

First, view the flat and ask to see the documents. Then check the owner’s details, the property registration certificate and the title history. After that, check for any court cases, family and child-related rights, registered occupants, the property’s condition and any outstanding debts. Only once any significant risks have been ruled out should you proceed to pay the deposit and draw up the contract.

And just before the settlement, ask the notary to carry out a recent check of the registers.

When buying a flat worth tens of thousands of dollars, saving a few thousand hryvnias on an independent legal or technical inspection often makes little sense. A single undiscovered legal dispute, an unauthorised alteration to the layout, or a problem with a co-owner’s rights could end up costing far more.

This information is for guidance only. For a flat with a complex ownership history, inheritance issues, powers of attorney, underage owners or legal disputes, it is advisable to carry out a bespoke legal due diligence check.