Accommodation rental agreement

The acquirement of your own apartment is a process of considerable expenses, that is why many of us just rent an accommodation. There is a chance that disputes and inconsistencies arise between an apartment owner and a tenant. Accommodation rental agreement is crucial to be concluded between a tenant and an accommodation owner to avoid any further conflicts and make their relationships official.

Accommodation rental agreement is an agreement concluded by an accommodation owner and a natural person who wants to rent such accommodation and use as a residence for a certain period of time for an agreed payment.

Accommodation rental agreement is usually drawn up in written and comprises the following conditions and provisions:

Name and details of the parties (full name and passport information);
Specification of an accommodation to be rented (address, number of rooms, area);
Duration of an agreement;
Method, term and amount of payments;
Conditions of early termination of an agreement;
In case of early termination or cancellation of an agreement, explicit procedure of repayment is necessary;
List of all necessary rights and obligations of the parties;
Provisions on the liabilities of the parties;
Other provisions that are mutually defined by the parties as significant.

If an accommodation rental agreement is concluded for the period of more than 3 years, notarisation of such agreement is a must; moreover, such agreement is subject to registration in the State Register of Proprietary Rights to Immovable Property. If an agreement stipulates no specific duration, it is considered to be concluded for 5 years.

Documents required for conclusion of an accommodation rental agreement:

Passport and registration number of the taxpayer identification card (formerly called identification number) of an apartment owner;
Passport and registration number of the taxpayer identification card (formerly called identification number) of a tenant;
Documents for an accommodation to be rented.

Preliminary agreement

A preliminary agreement is an agreement the parties to which are to conclude a main agreement in future within the defined period of time on terms and conditions stipulated by such preliminary agreement (e.g., preliminary agreement of a house/apartment sale and purchase).

A preliminary agreement is intended to define the intentions of the parties to conclude a main agreement in future. As mentioned above, a preliminary agreement includes the basic terms and conditions of an agreement to be concluded in future. The basic terms and conditions include, but not limited to the following: subject, price and duration of an agreement; material provisions also include all terms and conditions that are defined as such by the parties (e.g., for an apartment sale and purchase agreement, it may be a period when a seller is to vacate an apartment).

It should be mentioned that a preliminary agreement is concluded for a defined and explicitly stated by the parties period of time, upon expiration of which the parties are obliged to conclude a main agreement. A preliminary agreement becomes null and void when a main agreement is concluded by the parties.

Preliminary agreements on real estate sale and purchase become rather common lately. Conclusion of a preliminary agreement is called to protect rights of both a seller and a buyer; it defines the commitments of the parties and ensures the fulfilment of obligations under such agreement.

Documents required for notarisation of a preliminary agreement:

Passports, registration numbers of taxpayers’ cards (also known as identification numbers) of the parties to an agreement;
If the parties are married, a marriage certificate, passport, registration number of taxpayer’s card (also known as identification number) of a spouse, or notarised consent of a spouse to conclusion of such preliminary agreement are also required.

Agreement for purchase and sale of an apartment

So, you have finally decided to buy an apartment and found an optimal variant; now there is little left to be done: you should reregister the property right. Or you are selling your own apartment and have no idea what you should start with.

Currently, all agreements for purchase and sale of realty shall be notarised, which secures their legality. Today, a notary, when certifying an agreement for purchase and sale of an apartment, at the same time registers the new owner’s property right with the State Register of Property Rights. It means that when you leave the notary’s office, you are already a rightful owner of the apartment and you do not need to register your property right with any other authorities.

When certifying an agreement for purchase and sale, a notary checks all documents submitted to conclude the agreement, any bans or prohibitions on the alienation of the apartment, the validity of the power of attorney (in case the agreement is concluded by an attorney).

Documents required for the execution of an agreement for purchase and sale of an apartment in Ukraine:

passports and registration numbers of the taxpayer’s record card (used to be known as the individual tax number) of the parties to the agreement, or birth certificate for an underage person;
documents confirming the property right for the apartment (certificate of the property right or certificate of inheritance rights, as well as agreement for purchase and sale / gift agreement / exchange agreement / life estate agreement etc.);
if there are any underage persons registered in the apartment or if they act as parties to the agreement, than to conclude the agreement, you will need a permit issued by the respective wardship and guardianship authority (if an underage person is a party to the agreement, you will also need his/her parents’ consent so that he/she could sign the agreement);
certificate of the number of persons registered in the apartment;.
report on the expert evaluation of the cost of the apartment;
if the realty was purchased during the period of the marriage which is currently terminated, or if the buyer is married, than the notary should be provided with the spouse’s consent to the conclusion of the agreement, the marriage certificate or the court decision with regard to the divorce proceedings (the divorce certificate).

Agreement for purchase and sale of a house

When concluding any deeds which involve a residential house, you should not forget about the land plot on which the house is located. Our laws prohibit any situations when the land plot and the house located on this land plot have different owners.

A land plot may be transferred to the owner of the house from the communal property into the temporary use. In this case, the agreement for purchase and sale of the house should describe this land plot specifying its cadastral number.

Currently, all agreements for purchase and sale of realty shall be notarised, which secures their legality. Today, a notary, when certifying an agreement for purchase and sale of a house, at the same time registers the new owner’s property right with the State Register of Property Rights. It means that when you leave the notary’s office, you are already a rightful owner of the house and you do not need to register your property right with any other authorities.

When certifying an agreement for purchase and sale, a notary checks all documents submitted to conclude the agreement, any bans or prohibitions on the alienation of the house, the validity of the power of attorney (in case the agreement is concluded by an attorney).

Documents required for the execution of an agreement for purchase and sale of a house in Ukraine:

passports and registration numbers of the taxpayer’s record card (used to be known as the individual tax number) of the parties to the agreement, or birth certificate for an underage person;
documents confirming the property right for the house (certificate of the property right or certificate of inheritance rights, as well as agreement for purchase and sale / gift agreement / exchange agreement / life estate agreement etc.);
if there are any underage persons registered in the house or if they act as parties to the agreement, than to conclude the agreement, you will need a permit issued by the respective wardship and guardianship authority (if an underage person is a party to the agreement, you will also need his/her parents’ consent so that he/she could sign the agreement);
certificate of the number of persons registered in the house;
report on the expert evaluation of the cost of the house;
extract from the State Land Cadastre regarding the land plot on which the house is located;
if the realty was purchased during the period of the marriage which is currently terminated, or if the buyer is married, than the notary should be provided with the spouse’s consent to the conclusion of the agreement, the marriage certificate or the court decision with regard to the divorce proceedings (the divorce certificate);
if the contract is concluded on your behalf by an attorney, the notary should be provided with the respective power of attorney, the passport and the registration number of the taxpayer’s record card (used to be known as the individual tax number) of the attorney.

Agreement for purchase and sale of a land plot

A purchase and sale of realty is, undoubtedly, a very serious event in your life. Many of us treat a purchase or a sale of our realty with special scrupulosity and care.

Some of us have always been dreaming to build a house and to live as far from noise and business hurry-scurry as possible, preferably in the country.

“Land plot” means part of a land surface having clear boundaries and its own cadastral number.

Currently, all agreements for purchase and sale of realty shall be notarised, which secures their legality. Today, a notary, when certifying an agreement for purchase and sale of a land plot, at the same time registers the new owner’s property right with the State Register of Property Rights. It means that when you leave the notary’s office, you are already a rightful owner of the land plot. To establish the fact of the absence of any restrictions (encumbrances) on the land plot to be sold, the seller must provide the notary with an extract from the State Land Cadastre.

When certifying an agreement for purchase and sale, a notary checks all documents submitted to conclude the agreement, any bans or prohibitions on the alienation of the land plot, the validity of the power of attorney (in case the agreement is concluded by an attorney).

Documents required for the execution of an agreement for purchase and sale of a land plot in Ukraine:

passports and registration numbers of the taxpayer’s record card (used to be known as the individual tax number) of the parties to the agreement, or birth certificate for an underage person, in case he/she is involved in the deed;
documents confirming the property right for the land plot (for example, the state act for the land plot, the certificate of the property right or the certificate of inheritance rights, as well as the agreement for purchase and sale / gift agreement / exchange agreement / life estate agreement etc.);
if there are any underage persons act as parties to the agreement, than to conclude the agreement, you will need a permit issued by the respective wardship and guardianship authority (if an underage person is a party to the agreement, you will also need his/her parents’ consent so that he/she could sign the agreement);
report on the expert evaluation of the cost of the land plot;
extract from the State Land Cadastre;
if the realty was purchased during the period of the marriage which is currently terminated, or if the buyer is married, than the notary should be provided with the spouse’s consent to the conclusion of the agreement, the marriage certificate or the court decision with regard to the divorce proceedings (the divorce certificate);
if the contract is concluded on your behalf by an attorney, the notary should be provided with the respective power of attorney, the passport and the registration number of the taxpayer’s record card (used to be known as the individual tax number) of the attorney.

Agreement for purchase and sale of a land plot

A purchase and sale of realty is, undoubtedly, a very serious event in your life. Many of us treat a purchase or a sale of our realty with special scrupulosity and care.

Some of us have always been dreaming to build a house and to live as far from noise and business hurry-scurry as possible, preferably in the country.

“Land plot” means part of a land surface having clear boundaries and its own cadastral number.

Currently, all agreements for purchase and sale of realty shall be notarised, which secures their legality. Today, a notary, when certifying an agreement for purchase and sale of a land plot, at the same time registers the new owner’s property right with the State Register of Property Rights. It means that when you leave the notary’s office, you are already a rightful owner of the land plot. To establish the fact of the absence of any restrictions (encumbrances) on the land plot to be sold, the seller must provide the notary with an extract from the State Land Cadastre.

Documents required for the execution of an agreement for purchase and sale of a land plot in Ukraine:

passports and registration numbers of the taxpayer’s record card (used to be known as the individual tax number) of the parties to the agreement, or birth certificate for an underage person, in case he/she is involved in the deed;
documents confirming the property right for the land plot (for example, the state act for the land plot, the certificate of the property right or the certificate of inheritance rights, as well as the agreement for purchase and sale / gift agreement / exchange agreement / life estate agreement etc.);
if there are any underage persons act as parties to the agreement, than to conclude the agreement, you will need a permit issued by the respective wardship and guardianship authority (if an underage person is a party to the agreement, you will also need his/her parents’ consent so that he/she could sign the agreement);
report on the expert evaluation of the cost of the land plot;
extract from the State Land Cadastre;
if the realty was purchased during the period of the marriage which is currently terminated, or if the buyer is married, than the notary should be provided with the spouse’s consent to the conclusion of the agreement, the marriage certificate or the court decision with regard to the divorce proceedings (the divorce certificate);
if the contract is concluded on your behalf by an attorney, the notary should be provided with the respective power of attorney, the passport and the registration number of the taxpayer’s record card (used to be known as the individual tax number) of the attorney.

Donation of an apartment

First of all, we must emphasize that a donation may be drawn up in the form of a gift of deed, under which you transfer an ownership right to an apartment to another person FREE OF CHARGE. In other words, an ownership right ceases when an agreement is signed, and you are no longer considered to be an apartment owner.

Whereas a donation is a deed, you may not oblige a donee to fulfil any actions in your favour, material or non-material.

Nowadays, when notarizing a donation of an apartment, a notary simultaneously registers an ownership right of a new owner in the State Register of Proprietary Rights. I.e. a donee leaves a notarial office as a rightful owner of an apartment, and there is no need for you to register your ownership right at any other authorities.

In the process of notarization of a donation, a notary carefully examines all documents submitted for conclusion of a deed, availability of any freeze or prohibition of alienation of the respective apartment, verifies a power of attorney (if an agreement is concluded by a representative).

It should be mentioned that for notarization of a donation where the parties are the immediate family members (according to the legislation, those are parents, spouse, children, including adopted children) an income received as a gift is subject to zero rate taxation. If a donation is in favour of other persons, a tax amount constitutes 5%.

Documents required for conclusion of a gift of deed in Ukraine:

Passports and registration numbers of the taxpayer identification cards (formerly known as individual taxpayer number) of the parties to a deed, for minors — certificate of birth.
Documents that confirm the ownership right to an apartment (certificate of title, certificate of inheritance, purchase/donation/exchange agreement, life care contract, etc.).
If any minors are registered at an apartment or they are parties to a deed, a permit from a custody or fiduciary authority is required.
Certificate on the number of persons registered in an apartment or house.
Apartment assessment report.
If real property was purchased within a marriage, a spouse’s consent is obligatorily required for an agreement conclusion.
In case a donation is drawn up on your behalf by an agent under a power of attorney, such power of attorney, passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number) of an agent are required.

Deed of gift of a house

Firstly, we must state that donation, or deed, as it is commonly called, is drawn up in the form of a notarized deed of gift. The main discrepancy between a deed of gift and other agreements is its GRATUITOUS nature. When a deed of gift is concluded, your ownership right is ceased, and it arises for a donee; in turn, a donee is not obliged to any actions in your favour.

Whereas a deed of gift is a gratuitous agreement, you may not oblige a donee to fulfil any actions in your favour, material or non-material.

In case a land plot is privatized and belongs to a house owner, the title to the house must be re-registered simultaneously with a title to a land plot. I.e. apart from a deed of gift of a house, you need to formalize a deed of gift of a land plot.

A land plot may be assigned to a house owner for temporary use from communal ownership. In such case a deed of gift of a house includes the description of this land plot, its cadastral number; there is no need to formalize a separate deed of gift of a land plot.

Nowadays, when notarizing a deed of gift of a house, a notary simultaneously registers an ownership right of a new owner in the State Register of Proprietary Rights. I.e. a donee leaves a notarial office as a rightful owner of a house, and there is no need for you to register your ownership right at any other authorities.

In the process of notarization of a deed of gift, a notary carefully examines all documents submitted for conclusion of a deed, availability of any freeze or prohibition of alienation of the respective house, verifies a power of attorney (if an agreement is concluded by a representative).

It should be mentioned that for notarization of a deed of gift where the parties are the immediate family members (according to the legislation, those are parents, spouse, children, including adopted children) an income received as a gift is subject to zero rate taxation. If a deed of gift is in favour of other persons, a tax amount constitutes 5%.

Documents required to formalize a deed of gift of a house in Ukraine:

Passports and registration numbers of the taxpayer identification cards (formerly known as individual taxpayer number) of the parties to an agreement, for minors — certificate of birth.
Documents that confirm the ownership right to a house (certificate of title, certificate of inheritance, purchase/donation/exchange agreement, life care contract, etc.).
If any minors are registered at a house or they are parties to a deed, a permit for such deed is required from a custody or fiduciary authority (if a minor is a party to a deed, parent’s consent to his/her signing of the deed is also required).
Certificate on the number of persons registered in a house.
Report on expert monetary assessment of a house.
Excerpt from the State Land Cadastre on the cadastre number of a land plot a house is located in.
If real property was purchased within a marriage or a donee is married at the moment, a spouse’s consent is obligatorily required for a deed conclusion, as well as a certificate of marriage or certificate of divorce.
In case a deed is drawn up on your behalf by an agent under a power of attorney, such power of attorney, passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number) of an agent are required.

A deed of gift of a land plot

You want to present a land plot you own to your children, grandchildren or other lucky person, but you have no idea what to do? Let’s examine this issue.

Whereas a deed of gift is a priori a gratuitous agreement, you may not oblige a donee to fulfil any actions in your favour, material or non-material.

Nowadays, when notarizing a deed of gift of a land plot, a notary simultaneously registers an ownership right of a new owner in the State Register of Proprietary Rights. I.e. a donee leaves a notarial office as a rightful owner of a house, and there is no need for you to register your ownership right at any other authorities.

In the process of notarization of a deed of gift, a notary carefully examines all documents submitted for conclusion of a deed, availability of any freeze or prohibition of alienation of the respective land plot, verifies a power of attorney (if an agreement is concluded by a representative).

It should be mentioned that for notarization of a deed of gift where the parties are the immediate family members (according to the legislation, those are spouses, parents, children, including adopted children) an income received as a gift is subject to zero rate taxation. If a deed of gift is in favour of other persons, a tax amount constitutes 5%.

Documents required to formalize a deed of gift of a land plot in Ukraine:

Passports and registration numbers of the taxpayer identification cards (formerly known as individual taxpayer number) of the parties to an agreement, for minors — certificate of birth.
Documents that confirm the ownership right to a land plot (certificate of title under the land transfer act, certificate of title, certificate of inheritance, purchase/donation/exchange agreement, life care contract, etc.).
If any minors are parties to a deed, a permit for such deed is required from a custody or fiduciary authority (if a minor is a party to a deed, parent’s consent to his/her signing of the deed is also required).
Report on a standard monetary assessment of a land plot.
Excerpt from the State Land Cadastre.
If real property was purchased within a marriage or a donee is married at the moment, a spouse’s consent is obligatorily required for a deed of gift conclusion, as well as a certificate of marriage or certificate of divorce.
In case a deed is drawn up on your behalf by an agent under a power of attorney, such power of attorney, passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number) of an agent are required.

Mortgage agreement in Kharkiv

Pledge agreement in Kharkiv

Contract of inheritance in Kharkiv

Permanent alimony agreement is in Kharkiv

Car rental agreement

You want to lease out your car and wonder, how to formalize an agreement, what provisions to include and how to protect your rights and your property?

It should be mentioned that according to the requirements of the current legislation a vehicle rental (lease) agreement is subject to obligatory notarization.

Please note that such agreement is considered as concluded from the moment of its notarization.

Surely, you may conclude a car rental agreement with another person in simple written form, but in fact such agreement has no legal effect.

By applying to a notary, you may no longer worry about legitimacy of the deed, whether it is properly formalized, whereas a notary is personally responsible for his/her notarial actions. A notarized car rental agreement will include all necessary terms and conditions and serve as a reliable instrument for protection of your rights, in case of their violation.

Documents required for conclusion of a car rental agreement in Ukraine:

Passports and registration numbers of the taxpayer identification cards (formerly known as individual taxpayer number) of the parties to an agreement.
Documents that confirm the title to a car.
If a car was purchased within a marriage, or a lendee is married at present, a spouse’s consent is required for conclusion of such agreement, his/her passport, registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of marriage.
In case an agreement is drawn up on your behalf by an agent under a power of attorney, such power of attorney, passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number) of an agent are required.

Car sale and purchase agreement

You are hesitating as to the conclusion of a car sale and purchase agreement and thick that it is better to formalize a general power of attorney?

Let’s consider all pros and cons. Many people thick that notarization of a sale and purchase agreement is an expensive procedure. However, at present, if you sell one car a year, your income is exempted from taxes. Moreover, a duty to the Pension Fund is paid only at the first registration of a car (when you buy a car at a car showroom, not from a previous owner).

Moreover, it should be mentioned that apparent advantage of applying to a notary for notarization of a car sale and purchase agreement is that a notary guarantees its legitimacy. Prior to notarization, all documents, the absence of encumbrances (freeze or prohibition) on a car are verified, terms and conditions of an agreement are explained to the parties.

At present, there is no need to obligatorily strike off the register a car prior to notarization of an agreement. However, this may be an advantage for the buyer, because the availability of fines and tickets related such car is checked prior to striking off the register. If a car is not stricken off the register prior to conclusion of an agreement, its striking off the register within 10 days is the next step after notarization of an agreement.

Documents required to formalize a car sale and purchase agreement in Ukraine:

Passports and registration numbers of the taxpayer identification cards (formerly known as individual taxpayer number) of the parties to an agreement.
Documents that confirm the title to a car.
Report on the assessed value of a car, if it is not registered in the database of the Ministry of Economic Development and Trade of Ukraine, to calculate its value.
If a car was purchased within a marriage, or a buyer is married at present, another spouse’s consent is required for conclusion of such agreement, his/her passport, registration number of the taxpayer identification card (formerly known as individual taxpayer number), certificate of marriage.
In case an agreement is drawn up on your behalf by an agent under a power of attorney, such power of attorney, passport and registration number of the taxpayer identification card (formerly known as individual taxpayer number) of an agent are required.

Marriage contract in Kharkiv

Are you married or just planning to enter into a marriage and to avoid any property disputes with your spouse? In this case, conclusion of a marriage contract can be very helpful.

First of all, it should be noted that a marriage contract is only intended to regulate and harmonise property relations between spouses or their parents’ property rights and duties. In other words, such issues as mutual rights and duties related to household activities, common pastimes, leisure, education of children cannot be a subject of a marriage contract.

So, what kind of relations can a marriage contract regulate? It can prescribe the legal status of the property that the spouses received as a marriage gift (secure the gift to one of the spouses, on the basis of the personal property right), spread the status of common property of the spouses to the personal property of one of them.

Besides, a marriage contract can change the legal status of the property, purchased during the period of marital relations and regard it as the personal property of one of the spouses. For example, spouses can provide in the contract that all property purchased during the period of their marriage in the name of one of them (the husband / the wife) is the personal property of the husband only, not the common property.

Moreover, there is a possibility to regulate, by a marriage contract, the procedure for using the accommodation by one of the spouses, in case it is owned by the other spouse, as well as to provide for the relatives’ right to reside in residential premises which are their common property.

As a rule, a marriage contract can regulate other issues concerning spouses’ property relations. It should be noted that a marriage contract only covers the property relations that emerged after its conclusion.

A marriage contract becomes effective, for persons who are just going to enter into a marriage, on the day of registration of their marriage, and for spouses, after its notarisation.

Documents required for conclusion of a marriage contract in Ukraine:

passports and registration numbers of the taxpayer’s record card (used to be known as the individual tax number) of the parties to the contract;
marriage certificate or certificate of a civil registry office confirming the fact of filing the application.

Loan agreement

Such money loan agreement may be made by the parties either in written or by word of mouth. If the parties wish so, such type of agreement may be notarized. If an amount of loan under an agreement exceeds the amount of non-taxable minimum income of citizens prescribed by the law in ten times (at present, this sum constitutes 17 UAH, i.e. an amount of agreement must exceed 170 UAH), the agreement must be drawn up in written. If an amount is significant, we strongly recommend that such agreement is notarized.

An agreement is considered to be concluded at the moment of money transfer to the lendee. There are no specific requirements to the content of an agreement; it is sufficient to state the parties to an agreement, the amount of money transferred and the period. If the amount of money is to be repaid in instalments, the due dates of payments and liability of the lendee for omission thereof may be also stipulated by an agreement.

According to the terms and conditions stipulated by an agreement, the lender may charge interest on the loan amount; interest-free agreement is also possible. If the provision on interest-free nature of the agreement is absent in the agreement text, the lender is entitled to demand payment of the interest on loan amount.

The loan is considered as repaid immediately at the moment of money repayment to the lender. To protect the lendee’s (person who receives a loan) rights, we recommend to state the fact of full repayment of money in the lender’s statement, with his/her signature notarized.

Prior to conclusion of a loan agreement, we recommend that you have preliminary consultation with a notary to think over and include all necessary provisions of an agreement, thus protecting your rights.

Documents required to formalize and notarize a money loan agreement:

Passports, registration numbers of taxpayers’ cards (also known as identification numbers) of the parties to an agreement.
If any of the parties is married, a marriage certificate, passport, registration number of taxpayer’s card (also known as identification number) of a spouse, or notarised consent (statement) of a spouse to conclusion of such preliminary agreement are also required.