Property solicitor

Ownership of property arises not upon the signing of the contract, but upon state registration (Article 182 of the Civil Code, Law No. 1952-IV). Therefore, any transaction involving residential or commercial property boils down to one question: will the entry in the register stand up to scrutiny in one, five or ten years’ time — and will someone not come forward who wants to have that entry cancelled?

The most costly mistakes are made not in court, but before proceedings begin: when a flat is purchased without checking for encumbrances, a house is completed without the necessary documents, or an inheritance share remains unregistered for years. This subsequently costs many times more.

A property solicitor is needed to ensure the transaction is irrevocable and that the property is legally yours on paper, not just in practice.

+38 095 554-54-24 — legal advice

Areas in which we specialise

Transactions and formalities

• Drafting of a sale and purchase agreement — property inspection, contract preparation, assistance with the notary
• Property valuation
• Privatisation of a flat — free privatisation has a deadline, which has already been set by law
• Privatisation solicitor

Protection of property rights

• Recognition of property rights — when there are no documents or the register states otherwise
• Annulment of unlawful registration actions, recovery of seized property
• Disputes with heirs, co-owners and developers

Construction and legalisation

• Planning permission
• Legalisation of residential buildings — unauthorised construction under Article 376 of the Civil Code
• Legalisation of alterations

Commercial property

• Small-scale privatisation via Prozorro
• Rent, easements, disputes with developers

Property inspection before purchase: what exactly we look for

This is the cheapest service of all — and the most underrated. Half a day’s work by a solicitor costs a hundred times less than a legal dispute over a flat.

• Who is the real owner — an extract from the State Register of Property Rights, the history of title transfers over the years. A chain of three resales in six months is a red flag.
• Encumbrances and seizures — mortgages, tax liens, seizures arising from enforcement proceedings and criminal cases, and prohibitions on disposal.
• Legal disputes — checking the seller and the property in the Unified Register of Court Decisions and the Register of Debtors.
• Third-party rights — registered residents, right of use, life tenancy.
• Spousal consent. Property acquired during marriage is joint property. To sell it, the notarised consent of the other spouse is required (Article 65 of the Family Code). Without it, the transaction can be successfully challenged — and the buyer loses both the flat and their money.
• Children’s rights. If a child is registered at the property or has a right of use, permission from the guardianship and custody authority is required. This is the number one ground for setting aside the transaction.
• Seller’s bankruptcy. If proceedings have been initiated against them, the transaction may be declared invalid on the grounds that it was entered into to the detriment of creditors — even years later.
• Technical documentation — does the actual layout correspond to the documents? Unauthorised alterations become your problem after the purchase.

Unauthorised construction and alterations

A property built without the necessary documentation does not legally exist: it cannot be sold, gifted, bequeathed or mortgaged (Article 376 of the Civil Code). Furthermore, the landowner may be required to demolish the structure at their own expense.

Legalisation is possible, and it is usually for this very service that owners of houses built ‘by eye’ in the 2000s come to us. The procedure depends on whether the building complies with building regulations, whether you own the land, and whether neighbours’ rights have been infringed. Some properties can be brought into use through administrative procedures; others can only be regularised through the courts, following recognition of ownership rights.

Redeveloping a flat without planning permission is a different matter altogether. A load-bearing wall that has been knocked down or a bathroom that has been relocated will prevent the property from being sold and may result in an order to restore the property to its original condition.

When you don’t need a solicitor

Buying a flat in a new-build from a major developer, with all the paperwork in order and a mortgage from a bank that inspects the property itself, is a situation where you can manage without a solicitor. We’ll be frank about this.

You need a property solicitor when:

• the property is on the secondary market — and you do not know its history;
• the price is significantly below market value (the most common sign of a problem);
• the seller is married, has children or is in debt;
• the property has been inherited or acquired through a court order;
• the property in question is a plot of land, a house or a commercial property;
• an unauthorised entry regarding ownership of your property has appeared in the register;
• you need to legalise a building or a conversion.

How we work

1. Legal due diligence on the property — registers, encumbrances, history of ownership, legal disputes, seller’s status.
2. Risk assessment — a written report listing potential issues that could lead to a claim, along with recommendations.
3. Structuring the transaction — contract, payment terms, guarantees, penalties.
4. Support at the notary’s office and monitoring of property title registration.
5. Legal defence — recognition of ownership rights, annulment of unlawful entries, recovery of property, disputes with developers.

Cost of services

The following are charged separately: court fees, notary services, valuation, technical documentation, and construction and technical expertise.

Full price list

Questions and answers

What should you check before buying a flat?

The owner and the history of title transfers, encumbrances and seizures, legal disputes, registered occupants, the seller’s spouse’s consent, children’s rights, compliance of the floor plan with the documents, and the seller’s financial situation.

Can a contract concluded without the consent of a spouse be challenged?

Yes. Property acquired during marriage is joint property, and its disposal requires the notarised consent of the other spouse. Without this, the other spouse has the right to challenge the contract.

What should I do if someone else’s entry has been registered against my property?

Act immediately: halt any further registration procedures, challenge the registrar’s decision and demand that the entry be cancelled. The more resales that have taken place, the more difficult it will be to recover the property.

Can I sell a house without the necessary documents?

No. A property that has not been commissioned and is not registered does not legally exist. You must first legalise it — either through administrative channels or via the courts.

How much does it cost to legalise a redevelopment?

It depends on whether you have altered load-bearing structures or utility networks. A straightforward case can be resolved with technical documentation; a complex one requires a project proposal, an expert assessment and, if necessary, court proceedings. We can quote an exact figure after reviewing the documents.

Is property purchased during marriage divided in the event of a divorce?

Yes, it is joint property, regardless of whose name it is registered in. For details, see the page on division of property.

How long does a legal dispute over property take?

A straightforward case takes 4–8 months. Disputes involving expert reports (construction and technical, valuation) or multiple defendants take 10–18 months; cases involving an appeal take longer.

What documents should I bring to the consultation?

Documents establishing title to the property, an extract from the register, the technical passport, the contract (if the agreement has already been concluded or is being prepared), correspondence with the other party, and documents regarding marital status.

Contacting a property lawyer at Svarog

Describe the property and the situation — we will check the registers, identify any risks not apparent in the extract, and advise whether you should proceed with the purchase or look for another flat. A pre-transaction audit costs significantly less than challenging the transaction.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street, Office 2 (Podil) · Mon–Fri 9:00–18:00