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26 Aug. 2024

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How to sell an apartment or other real estate in Ukraine if the owner is abroad?

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How to sell an apartment or other real estate in Ukraine if the owner is abroad?

Selling real estate from abroad requires special attention to detail and legal support. Find out how to prepare the documents, draw up a power of attorney, and avoid possible problems during the transaction

Transaction support and real estate legal advice
Transaction support and real estate legal advice
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Selling real estate in Ukraine while the owner is abroad can be a difficult task. However, with the right approach and the involvement of specialists, this process can be successfully implemented with minimal inconvenience to the owner. Below are the key steps that will help to make this transaction go smoothly.

Preparation of the necessary documents for the sale of real estate


The first step is to collect all the necessary documents confirming the ownership of the real estate. These may include:

1. Certificate of ownership

2. Deed of gift

3. Contract of sale and purchase

4. Certificate of inheritance by law or will

In addition, the sale will require a technical passport for the property, an expert real estate appraisal, and the consent of the other spouse to the sale (if the property was acquired during marriage).

Drawing up a notarized power of attorney


If you are unable to be present during the sale, you need to issue a notarized power of attorney to a person who will act on your behalf. This can be a relative, friend, or professional representative. The power of attorney should clearly indicate the powers you are transferring, including the right to enter into an agreement, sign documents, collect the necessary documents, and receive funds.

The following documents are required to execute a power of attorney:

– Passport data of the owner and the attorney-in-fact;

– Identification code of the owner and the authorized representative;

– Copy or original of the document confirming the ownership of the property.

For step-by-step instructions on how to draw up a power of attorney while abroad, please follow the link.




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Legalization or apostille and translation of documents


In order for a power of attorney issued abroad to be valid in Ukraine, it must be legalized by affixing an apostille or consular legalization, depending on the country where the power of attorney was issued. This ensures its legal force in Ukraine. However, if the power of attorney is certified by a Ukrainian consular office, no legalization is required.

All documents that are not in Ukrainian must be translated and notarized in Ukraine. This applies to the power of attorney and other documents required for the sale.

The prepared documents can be sent to Ukraine in any way convenient for you (through carriers, friends, volunteers, or courier service).

Selecting a buyer and concluding a contract


A representative authorized by you may negotiate with potential buyers, agree on the terms of sale and conclude a sale and purchase agreement. It is important that all actions are performed solely within the scope of the powers granted by the power of attorney.

In addition, remember to pay all taxes and fees associated with the sale of real estate, including personal income tax and military duty. Your representative should also ensure that all necessary payments are made.

If you want to avoid additional risks, we recommend that you contact qualified Visit Ukraine lawyers to check the documents and prevent possible problems during the transaction. Our experts will help you with the preparation of documents and provide advice on taxation and other legal aspects of the sale.

We remind you! Ukrainians living abroad can bequeath real estate in Ukraine without coming to Ukraine in person. Read more about the procedure for certifying wills at consular offices and foreign notaries in our previous article.


Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.




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Frequantly

asked questions

How to draw up a power of attorney for the sale of an apartment abroad?

To draw up a power of attorney outside Ukraine, you should contact a foreign diplomatic mission or a local foreign notary.

How to sell an apartment if there are several owners?

How long is a power of attorney issued abroad valid?

What is an apostille on a power of attorney?

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