Respect Law Company
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Real Estate and Construction

Ukrainian real estate is registered, but registration does not guarantee title. The history matters, and so does whether the land may lawfully be used as you intend.

Overview

Two questions decide most Ukrainian real estate transactions. The first is whether the seller's title is sound — which requires tracing the chain of transfers, checking for privatisation and restitution defects, and identifying encumbrances that were never registered. The second is whether the intended use is permitted: land has a designated category and purpose, and a plot zoned for agriculture cannot be built on until that designation is changed, which is a process rather than a formality.

We advise foreign investors, developers and corporate occupiers on acquisition, lease and development. We also handle the restriction that catches many buyers unprepared: foreign nationals and foreign legal entities cannot own agricultural land in Ukraine, and structures designed to work around that restriction carry the risk of forced sale.

Typical situations
  • An investor is buying a warehouse and needs title and permitted use verified.
  • A developer needs a plot's designated purpose changed before construction can begin.
  • A foreign company wishes to acquire land and must know what it may lawfully own.
  • A tenant is negotiating a long lease and needs protection against early termination.
  • A completed building was constructed without full permits and cannot be registered.
Scope of work

What we do

The matters we handle within this practice. Engagements are usually a combination of several of them rather than a single item.

01

Title diligence

Verification of ownership history, registered and unregistered encumbrances, and the risk of third-party claims.

02

Acquisition

Preliminary and sale agreements, notarial completion, payment mechanics and registration of transfer of title.

03

Land

Land designation and purpose, change of designated use, land lease and emphyteusis, and boundary and cadastre issues.

04

Construction

Development permits, urban planning conditions, technical conditions, construction contracts and commissioning of completed works.

05

Commercial leases

Lease and sublease agreements for offices, retail and warehousing, including fit-out, indexation and termination terms.

06

Foreign ownership

Advice on the restrictions applicable to non-residents, particularly for agricultural land, and lawful alternatives.

07

Unauthorised construction

Legalisation of buildings constructed without permits and correction of register discrepancies.

08

Disputes

Title challenges, boundary disputes, lease terminations and claims against contractors and developers.

How we work

From first call to completion

A predictable sequence with a written output at each stage, so that you always know the position and what it will cost to reach the next one.

01

Title report

Ownership chain, encumbrances, land designation and permitted use, with the risks identified before commitment.

02

Structure

The acquisition route selected with reference to ownership restrictions, tax and the intended development.

03

Documentation

Agreements prepared, notarial completion arranged and payment protected until registration.

04

Registration

Transfer registered and the complete title file delivered.

Why clients instruct us

Local knowledge, international standards

We work the way our clients' in-house teams and international counsel expect: clear scope, written advice, English-language reporting and no surprises on fees.

  • Advice in English, drafted to be usable by a board that does not know Ukrainian law.
  • Fee estimates agreed before work begins, with fixed fees where the scope allows.
  • A named partner responsible for the matter, not a rotating team.
  • Practising in Ukraine since 2003, through every regulatory cycle since.
Questions

Frequently asked

Can a foreigner buy property in Ukraine?

Foreign nationals and foreign legal entities may own residential and commercial buildings and non-agricultural land. Agricultural land may not be owned by foreigners; the moratorium on its sale to non-residents remains in place pending a referendum. A Ukrainian company with foreign shareholders is also barred from acquiring agricultural land.

Is the state register conclusive as to ownership?

No. Registration creates a presumption but does not cure defects in the underlying transaction. Title acquired from a seller whose own acquisition was invalid can be challenged, and the limitation period runs from when the claimant knew or should have known of the breach. This is why the chain of title, not merely the current entry, must be examined.

What does changing the designated purpose of land involve?

A change of designated use requires land management documentation, approvals from the relevant authorities and registration of the amended designation in the cadastre. Timelines range from several months to more than a year depending on the category and location, and the outcome is not guaranteed — which is why it should be a condition precedent rather than a post-completion project.

Should a lease be notarised and registered?

A lease of a building or premises for three years or more must be notarised and the right registered. Shorter leases need not be, but registration provides protection where the property is sold, and for a tenant investing in fit-out that protection is usually worth the cost.

Next step

Discuss your matter with us

Tell us what you need to achieve in Ukraine. The first consultation is free and confidential — we will tell you candidly whether we are the right firm for the task.