Buying Real Estate in Ukraine Remotely: Verification, Power of Attorney, Risks

Why remote purchase requires a different approach

A Ukrainian who has lived in Europe for several years, managing costs for renting housing in Germany or elsewhere, has a clear motive to buy real estate back home: to maintain a connection with the city they plan to return to, invest their earnings in something tangible, or provide housing for parents or children. An advertisement appears within minutes, the seller readily joins a video call, the photographs look convincing. But none of these things replaces a personal viewing and the ability to independently ask uncomfortable questions of neighbors or the management company—something a person in Ukraine would do instinctively, but someone abroad cannot do physically.

A remote transaction is not prohibited: the Ukrainian notary system, the State Register of Real Rights in Real Estate, and the institute of power of attorney allow you to buy an apartment or house without ever setting foot in Ukraine. But precisely because of the absence of personal presence, every step of verification must be documented rather than oral—correcting a mistake after money has been transferred and the buyer is thousands of kilometers away is far more difficult than catching it beforehand.

Below we explain what exactly to verify, which properties carry elevated risk, and why before transferring any funds you should have a written legal opinion rather than an oral assurance from the seller or realtor. If you have already found a property, you can start verification by submitting a consultation request.

Verifying the seller and property: registers, courts, debts

Basic verification relies on several state registers to which a lawyer gains remote access. No single register provides a complete picture—only a combination of checks creates a real understanding of the property and the person selling it.

Register of real rights and history of encumbrances

The State Register of Real Rights in Real Estate shows the current owner, the basis for acquiring the right, and registered encumbrances: mortgages, tax liens, arrests, prohibitions on alienation. An extract from the register is the first document a lawyer requests: it immediately filters out obvious problems, such as an apartment formally pledged to a bank though the seller never mentioned it.

Court decisions and bankruptcy

The Unified State Register of Court Decisions shows whether the seller or property appears in disputes—division of property, debt collection, challenging of ownership. An open case does not always mean a purchase is impossible, but it means you should not hurry: a court decision can later encumber the newly acquired ownership right. If the seller is an individual in bankruptcy proceedings or a developer company, you should also check the register of bankruptcy proceedings: a sale of a debtor's property in violation of procedure can later be challenged.

Utilities arrears

Debt for utilities does not automatically transfer to the new owner—it remains the debt of the previous resident. But a large unpaid debt complicates life: utilities providers may limit new contract connections. Before signing, obtain letters confirming the absence of arrears from the management company or residents' community (ОСББ).

Risks with inherited real estate

Apartments and houses acquired through inheritance are one of the most common categories on the market and at the same time one of the most risky for a remote buyer, because part of the problems are not visible in a standard extract from the State Register of Real Rights.

Deadline for accepting an inheritance and other heirs

The law sets a six-month deadline for filing a claim to accept an inheritance. If the deadline is missed, an heir can restore it through court—and it is precisely such restored rights that most often create a problem after the sale: a person appears a year or two later with a court decision and claims a share in property that the new owner already thought was theirs.

The seller of inherited real estate often genuinely believes they are the only heir. A problem arises when there are other children, a former spouse of the deceased, or relatives who did not claim their rights at the time the inheritance was opened but have not legally lost them. Verifying the inheritance file with the notary and analyzing the circle of heirs is a mandatory step that a lawyer performs before signing a preliminary contract.

Mandatory share and will

Even if there is a will, the law guarantees a mandatory share in the inheritance for certain categories of heirs—in particular, minor or disabled children of the deceased, their disabled spouse, and their parents. If the will did not account for such persons, they have the right to a share of the property regardless of its text, and this right can be exercised even after the apartment is sold to the new owner.

Minors in the apartment and marital property

Minors registered in the property and guardianship authority consent

If a child is registered in an apartment or has a share of ownership, a sale without the consent of the guardianship authority is grounds for challenging the transaction. The guardianship authority checks whether the transaction worsens the child's living conditions. Permission is not guaranteed automatically and requires time, so a registered child in the property is a signal to verify this separately, before paying the down payment.

Property acquired during marriage without the consent of the other spouse

Property acquired by a married couple during marriage is generally considered joint marital property regardless of whose name the right is registered in. Therefore, a notarially certified consent of the other spouse is required for a sale—even if only one owner appears in the documents. Special caution is warranted with divorce without official division of property: the marriage may be dissolved while the property ownership status remains joint.

Preliminary contract, down payment and advance

Before the main purchase and sale contract, the parties often document their intent in writing—and this is where confusion arises that costs buyers money when a deal falls through not because of their fault.

Preliminary contract

A preliminary contract establishes the obligation of the parties to conclude the main contract in the future on agreed terms. For a remote buyer, it is important that it be notarially certified and contain clear deadlines, price, order of payment, and consequences of refusal by each party to conclude the main contract.

Down payment versus advance

The difference between a down payment and an advance payment is not a formality but a substantial financial risk. A down payment serves a securing function: if the deal fails due to the buyer's fault, it remains with the seller; if due to the seller's fault, they must return the down payment in double amount. An advance payment is simply part of future payment: the seller must only return the received sum, without penalty consequences for themselves.

Sellers often intentionally or through ignorance call the payment a "down payment" orally, but in the receipt the wording turns out to be vague or refers to an advance. For a person transferring money remotely, this difference determines whether they will get the money back at all if problems arise.

Power of attorney and notarial certification remotely

The main purchase and sale contract for real estate in Ukraine is subject to mandatory notarial certification. A buyer abroad—even while managing housing costs in locations like Latvia through rental agreements—has two practical ways: execute a power of attorney to a representative in Ukraine, or personally contact a notary abroad whose documents can be used in Ukraine—for example, at a Ukrainian consulate or through a foreign notary with an apostille and translation.

General power of attorney is not the only option

A power of attorney does not have to be general, meaning giving the representative unlimited authority. A lawyer drafts a power of attorney for a specific transaction: with the specification of the property, maximum price, duration, and list of permitted actions. The more specific the power of attorney, the less room for abuse and the more at ease the grantor feels, even though they cannot physically see what is happening on the ground.

Who acts as representative

The representative can be a trusted person of the buyer—a relative or acquaintance—or a lawyer, materially interested in flawless protection of the client's interests rather than personal gain from the transaction. A power of attorney to the lawyer who conducts the property verification closes the entire process—from registers to signing at the notary—with one responsible person.

In practice, the client tells the lawyer the situation in ordinary language—which apartment they found, what concerns them in the documents. The lawyer translates this into a list of specific legal actions, prepares the power of attorney and contracts, and controls every step of the deal. If verification reveals a serious problem—for example, an heir is challenging the seller's right in court—a lawyer (advocate) in Ukraine represents the client's interests, and the lawyer managing the case continues and monitors the outcome. General support for real estate transactions in Ukraine for individuals is described on the services in Ukraine page, and for commercial projects on the business services page.

Taxes, buyer fees and property registration

The purchase of real estate is accompanied by a standard set of payments that the buyer makes at the time of notarial certification of the contract, and is completed by entering a record of the new owner into the state register.

What the buyer pays

The buyer traditionally bears the cost of state duty, a fee to the Pension Fund, and notary services, the amount of which depends on the contract sum and the status of the parties. Specific rates and benefits should be clarified before the transaction—they depend on individual circumstances, for example, the status of a combatant.

Property registration

The notary who certifies the contract simultaneously performs the function of state registrar and enters a record of the transfer of ownership to the State Register of Real Rights in Real Estate directly during the certification of the transaction. Ownership arises practically immediately after signing, and an extract from the register the buyer or their representative receives the same day.

Frontline and deoccupied regions

Buying in regions bordering the conflict zone or on deoccupied territories requires separate, significantly more thorough verification, and an honest answer is more important than reassuring formulations.

Damaged housing and registration restrictions

The physical condition of the property can differ significantly from what is visible in photos or even on a video call—hidden structural damage, absence of utilities, consequences of shelling in neighboring buildings. A remote buyer cannot inspect the property personally, so here it is especially justified to involve a trusted person on the ground for an independent inspection before signing documents. In certain territories, depending on their current status, there may be temporary restrictions on registration actions with real estate—this should be clarified separately before planning the transaction.

Valuation

The market value of property in such regions changes non-linearly and depends on factors difficult to assess remotely—security situation, state of infrastructure, prospects for recovery. Relying only on the price in the advertisement is risky; an independent valuation by a qualified appraiser is a real tool for protecting a buyer from overpaying for a property with uncertain prospects.

Frequently asked questions

Can you buy an apartment in Ukraine without travelling there at all?

Yes, provided you have a power of attorney to a representative in Ukraine—a relative, acquaintance, or lawyer—and documents prepared for notarial certification of the transaction. A power of attorney issued abroad requires an apostille and a translation before use by a Ukrainian notary.

What should you verify first, even before discussing price?

An extract from the State Register of Real Rights for encumbrances and current owner, and also the seller in the register of court decisions. This is the basic minimum that filters out the most obvious problems before spending time on deal details.

How is a down payment different from an advance and why does this matter for a remote buyer?

A down payment provides for penalty consequences for the party at fault if the deal falls through; an advance does not—the seller simply returns the received sum. For a buyer who cannot personally control the receipt, clear wording in the document is the only protection of money if the deal falls through.

Is guardianship authority consent needed if a child is simply registered in the apartment without a share of ownership?

It depends on the circumstances: mere registration of a child's place of residence without ownership rights does not always require guardianship authority consent, but the situation requires separate verification in each case, since consequences differ depending on whether the child has a right to use the dwelling.

Is it safe to transfer a down payment to the seller before receiving a written legal opinion?

No. Transfer of funds should only be done after a lawyer has in writing confirmed the results of verification of the seller, property, and contract terms. Oral assurance from the seller or realtor does not replace this verification, and returning transferred money remotely is far more difficult than preventing a mistake in advance.

Remote purchase of real estate in Ukraine is a realistic and legal way for those living abroad who are not ready to give up housing or investment in their homeland. Registers show the real history of the property, a power of attorney allows you to act through a trusted person, and the notary system records the transfer of ownership practically instantly. The difference between a successful transaction and lost money is determined by how carefully each step is verified before transferring funds. You may also find guidance on document renewal helpful. Before paying the down payment, obtain a written legal opinion—start with a consultation request.

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