How to Accept an Apartment from a Developer: A Guide for Buyers in 2026

Receiving the keys to a new apartment is not only a joyful event but also the beginning of a complex legal marathon, especially for those who bought not square meters but the right of claim to the developer. For most Ukrainians, purchasing an apartment in a new building does not occur through a direct real estate purchase and sale agreement but through complex investment mechanisms such as construction financing funds, purchase of property rights, or purchase and sale agreements of the right of claim. Legally, the buyer purchases the right to expect the object in the future.

Today we explain how to properly enter an empty apartment, record defects, and convert the investment agreement into a real extract from the property rights register.

Succession

When using a purchase and sale agreement of the right of claim or substituting a party in an investment agreement, proper notification of the developer is important.

According to Articles 512–519 of the Civil Code of Ukraine, the assignment of the right of claim takes place. Most investment agreements contain a prohibition on assignment of rights without the developer's written consent. Without such consent, the developer may lawfully refuse to issue documents for registering ownership.

The safest option is a tripartite agreement (developer – old investor – new investor), where the developer confirms the buyer's status as the new legitimate claimant to the apartment.

Important: Be sure to obtain from the developer a certificate of full payment of the object's cost under the original agreement to avoid debts of the previous owner.

Physical Acceptance

Inspecting the object should not be done with only a passport. It is recommended to have with you:

• investment (or preliminary purchase and sale) agreement of property rights;
• attachments with finishing specifications (list of mandatory works and materials);
• apartment plan with technical specifications;
• measuring tape, level or laser rangefinder, voltage tester (if possible).

This allows correlating the actual condition of the object with the developer's contractual obligations.

Acceptance of the apartment is factual confirmation of proper fulfillment of the developer's obligations according to the general principles of the Civil Code of Ukraine regarding proper contract performance.

During the inspection, you should record: presence of cracks, deviations of walls or floors from vertical/horizontal, quality of screed, tightness of windows and door structures, hardware operation, absence of distortions.

It is essential to check engineering networks, namely water supply and sewage risers for leaks, electrical panel for presence of circuit breakers and line connections, ventilation ducts for draft. Also check the integrity of seals on meters, availability of meter passports, and initial readings.

Recording Defects

All detected discrepancies must be recorded in writing in a defect report or remarks act.

It is critically important to describe defects as specifically as possible, avoiding vague formulations like "bad windows," and instead focusing on the problem, for example, "... damaged seal on the right window of the room...".

When signing the defect report and inspecting the new building, it is important to strictly follow the defect recording procedure. To compel the developer to fix defects at their own expense, the investor has the right to:

• Conduct detailed photo and video documentation of all detected defects (cracks, wall unevenness, ventilation or window problems) to form an evidentiary base;
• Demand the personal signature of an authorized developer representative on the inspection report, which legally confirms the construction company's acknowledgment of existing defects;
• Reserve the right to re-inspect the premises after official notification from the developer about the complete elimination of recorded defects.

Important: If defects are found, do not sign the main acceptance-transfer act with the wording "no claims." The buyer has the right to draw up a claim/defect report demanding defect correction within a specific period (based on Articles 610–622 of the Civil Code of Ukraine). The developer is obliged to fix defects free of charge or compensate for repair costs.

Registering Ownership: From Documents to the Registry

The ultimate goal of the procedure is to enter a record into the State Register of Property Rights to Real Estate (DRRP). It is from the moment of state registration that full ownership rights to the real estate object arise.

To carry out the registration action, a basic package of documents must be prepared:

• Investment agreement and all assignment agreements of the right of claim (if any) – to confirm the continuity of the legal chain from the original investor to the acquirer;
• Acceptance-transfer act of the apartment, signed by the parties, usually after elimination of detected defects or with appropriate reservations;
• Document confirming the right to acquire ownership, including a certificate from the developer or original construction customer – mainly used for objects sold under previous investment models;
• Technical passport of the real estate object, prepared by an accredited entity, namely BTI or a certified executor;
• Document on commissioning of the object and confirmation of postal address assignment.

If necessary, identification documents of the acquirer and taxpayer registration number may also be required.

Submitting Documents to the State Registrar or Notary

State registration of ownership rights is carried out through a state registrar, CNAP (Center for Administrative Services), local government executive bodies, or through a notary performing state registrar functions.

The application review period usually takes up to 5 working days, but may vary depending on registration grounds and registrar workload.

As a result of the review, the applicant receives an extract from the State Register of Property Rights to Real Estate, which confirms the emergence of ownership rights and is the main title document in the modern registration system.

Important: Signing the acceptance-transfer act and state registration of ownership rights are different legal stages: the first records the actual transfer of the object, the second creates ownership rights as a real right.

Utility Start

After actually receiving the apartment keys, the buyer acquires the status of a consumer of housing and communal services. According to the Law of Ukraine "On Housing and Communal Services," the consumer is obliged to conclude contracts with service providers or choose the contractual model defined for the building.

At this stage, it is necessary to conclude a service agreement for managing the apartment building with a manager, management company, or condominium association (OSBB).

An important practical aspect is the moment when the obligation to pay for building management services arises. According to legislative logic, payment should be tied to the actual provision of services; however, in practice, developers or initial managers often set the start of charges from the moment the building is commissioned.

In such cases, it is advisable to check the contract terms regarding the start date of charges, demand justification of expenses for the period before actual occupancy, and record the moment of actual transfer of the building to management.

Opening Personal Accounts for Utilities

The electricity connection process usually consists of two stages: concluding a contract with the distribution system operator (DSO) and concluding a contract with the electricity supplier.

After signing an individual contract, the consumer switches to a residential tariff, which is significantly lower than the construction tariff applied to the object before individual metering.

Water supply and heat supply each require an application for individual contracts with the respective service providers, sealing acts of meters, and recording initial meter readings.

Important: Recording readings is necessary to avoid charges for so-called construction losses or consumption that may have occurred before the apartment was transferred to the final owner.

When Something Goes Wrong: Analysis of Judicial Practice

In practice, situations often arise when after commissioning the building, the developer or related management structure refuses to issue the acceptance-transfer act, certificates, or other documents necessary for state registration of ownership rights. Reasons for such refusals may vary: internal corporate conflicts, disputes with the general contractor, or unresolved relations with other investors.

In law enforcement practice, an approach has been formed according to which, under certain conditions, the investor's property rights can be protected directly in court.

Thus, in the legal conclusions of the Grand Chamber of the Supreme Court in case No. 344/16879/15-ts, it is stated that upon full payment of the object's cost under the property rights agreement and commissioning of the construction object, the investor's property right effectively acquires the characteristics of a completed real interest that can be transformed into ownership rights.

If the developer or another authorized person evades issuing documents necessary for state registration, an effective judicial remedy is a claim for recognition of ownership rights based on Article 392 of the Civil Code of Ukraine.

Such a court decision:

• replaces the missing title documents;
• is an independent and sufficient basis for state registration of ownership rights in the DRRP;
• does not require additional participation of the developer in the registration procedure.

Subscribe to our Telegram channel t.me/sudua and to Google News SUD.UA, as well as to our VIBER and WhatsApp, Facebook page and Instagram to stay informed about the most important events.