What legal checks should be done before buying a home?

If you buy housing from a developer, that is, the apartment is still under construction, then you need to check the following:

• information about construction participants: by name or EDRPOU code, you can get data about the company from the Unified State Register of Legal Entities, Individual Entrepreneurs and Public Organizations or on the website https://opendatabot.ua/. Pay attention to the date of establishment of the construction company, the founders and beneficiaries, and the size of the authorized capital.

• in addition, it is necessary to check the information in the Register of construction activities, specifically the permit for construction works, town planning conditions and restrictions, and technical conditions.

• it is worth checking the land plot on which your real estate is being built. The developer must confirm that he legally uses this plot for construction, that is, he has a land deed or a lease agreement; the land is not under seizure or mortgage - this can be checked in the State Register of Rights to Real Estate by cadastral plot number or address; the land is intended for construction - check the purpose of the plot - to find out, you can request the relevant documentation from the developer.

If you are buying housing from the owner, you should check the following:

• originals of title documents from the owner (ownership certificate, inheritance certificate, donation agreement, court decision).

• if the apartment was inherited or recognized as the property of a person by a court decision, it is worth conducting an additional check: pay attention to the fact that the inheritance certificate was issued a long time ago. If very recently, there is a risk that other heirs may claim the apartment; check the court decision in the Register of Court Decisions by case number. It is important to make sure that it has entered into force and cannot be challenged.

• real estate in the Register of Real Property Rights. This can be done on the Diya web portal https://diia.gov.ua/services/informaciya-z-derzhavnogo-reyestru-rechovih-prav-na-neruhome-majno

• debts for communal services and registered residents. Ask the owner for a certificate from the condominium or housing association. Check the owner in the Unified Register of Debtors.