Buying an Apartment in 2026, Documents and Mistakes: What Risks Await the Buyer

Buying real estate during the war has ceased to be a rarity. Ukrainians buy apartments after relocating to other regions, invest savings in housing, or look for a home for their own family. At the same time, such transactions are increasingly becoming the subject of court disputes.

The reason is not always fraud. Sometimes the buyer simply did not check the seller’s documents, did not pay attention to the history of ownership transfer, or did not find out whether there was a court case regarding the apartment. As a result, after signing the contract, the new owner may face claims from other persons or even risk losing the acquired property.

Which documents need to be checked before buying real estate, how to independently use state registers, and what court practice says about this – will be discussed further in the material by the "Judicial and Legal Newspaper".

Is it possible to buy real estate during martial law?

Despite the war, buying and selling real estate in Ukraine has not stopped. The law does not prohibit concluding such contracts even during martial law. Therefore, it is possible to purchase an apartment, house, or land plot, but only subject to compliance with legal requirements and the ability to carry out state registration of ownership rights.

The right of a person to own, use, and dispose of their property is guaranteed by Article 41 of the Constitution of Ukraine, and the detailed procedure for alienation of real estate is defined by the Civil Code of Ukraine. In particular, Article 317 of the Civil Code of Ukraine establishes the owner’s powers regarding property, Article 319 allows the owner to dispose of it at their discretion unless otherwise provided by law, and Article 655 defines the legal nature of the purchase and sale agreement, under which the seller transfers the property to the buyer, and the buyer pays its value.

However, in practice, during martial law, there are circumstances that may complicate or even make it impossible to conclude a contract. This primarily concerns real estate located in temporarily occupied territories or in areas where, due to security situations, state registers operate with restrictions or are temporarily unavailable. In addition, the transaction can only be completed if the notary has access to the State Register of Property Rights to Real Estate. This register is the basis for state registration of ownership rights according to the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances."

Therefore, before signing the contract, it is worth ensuring not only that the object can be alienated but also that all registration actions can actually be carried out in accordance with the law.

Which documents need to be checked before buying real estate

Many buyers are confident that the notary will check all legal nuances and they only need to wait for the contract. However, the notary’s check does not cover all legal risks. The notary indeed verifies the seller’s ownership rights, information about encumbrances, and other data contained in state registers at the time of notarization.

According to Article 55 of the Law of Ukraine "On Notariat", the notary certifies contracts of alienation of real estate after checking the documents necessary for the notarial act. At the same time, the law does not require the notary to conduct a full legal analysis of the object’s history or assess possible future court disputes.

That is why before concluding the contract, the buyer needs to independently or with the help of a lawyer clarify circumstances that may affect the safety of the transaction. First of all, attention should be paid to: the basis on which the seller acquired ownership, the history of ownership transfer of the object, the presence or absence of court disputes regarding the apartment or house, possible inheritance conflicts if the property was recently inherited, rights of third parties who may claim the property or challenge the concluded contract. These circumstances most often cause lengthy court proceedings after the purchase and sale transaction is completed.

Resolution of the Cabinet of Ministers No. 1127 dated 25.12.2025 defines the procedure for entering information into the Register of Property Rights and the list of documents confirming ownership. Therefore, first of all, the seller must confirm their ownership rights to the property. This may be a purchase and sale agreement, a gift agreement, a certificate of inheritance rights, a court decision, or another document confirming the legality of acquiring the property.

The next mandatory document is an extract from the State Register of Property Rights to Real Estate. With its help, you can check the owner, the date of registration of the right, and the presence of encumbrances. It is also necessary to check: the technical passport for the apartment or house, documents regarding the land plot (if buying a private house), a certificate of registered persons, absence of arrests, mortgages, tax liens, or other restrictions, and the presence of court disputes regarding the property.

Special attention should be paid to the history of ownership transfer. The basis: the apartment may have been sold several times within a short period or recently inherited. All details should be carefully checked, as the general limitation period according to Article 257 of the Civil Code of Ukraine is three years. During this period, situations may arise where other heirs appear who try to challenge the will, court disputes regarding inheritance arise, or a new will is discovered. In such a case, if the challenge of inheritance rights is successful, the purchase and sale agreement may be declared invalid.

It is also worth making sure that the actual layout of the apartment corresponds to the technical passport. It often happens that apartment owners carry out remodeling without registering these changes. Such unauthorized remodeling can cause problems during further sale.

Separately, it is necessary to check whether the property is joint marital property. In this case, according to Article 65 of the Family Code of Ukraine, notarized consent of the other spouse may be required for alienation of the property.

In some cases, a guardianship and custody authority’s permission may be required to conclude the contract if minors are registered in the apartment. Without such permission, the transaction may be declared illegal.

How to independently check the seller and the apartment through state registers

A few years ago, buyers mostly relied on the notary’s check before concluding the contract. Today the situation is different: a significant part of the information can be obtained independently even before starting the transaction. It takes little time but often helps identify problems that may cost hundreds of thousands of hryvnias.

First of all, it is worth checking information in the State Register of Property Rights to Real Estate, maintained according to the Law of Ukraine "On State Registration of Property Rights to Real Estate and Their Encumbrances."

Through official services of the Ministry of Justice, you can find out who owns the apartment or house, on what basis the ownership right was registered, and whether the property is under arrest, mortgage, or other restrictions.

It is equally important to check the seller. In particular, in the Unified State Register of Court Decisions, you can find out whether cases related to this real estate or its owner are being considered. If the apartment is already the subject of a court dispute, there is a risk that after concluding the contract, the new owner will have to defend their rights in court.

Additionally, specialists recommend reviewing information in the Unified Debtors Register, the Automated System of Enforcement Proceedings, and if the seller is a company – also check data about it in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations.

Some necessary information can also be obtained through official electronic services of the Ministry of Justice or the "Diia" portal. However, electronic checks are not enough. Before signing the contract, the buyer should familiarize themselves with the originals of ownership documents, the technical passport, and also ask the seller to provide a document about persons registered in the dwelling.

Which contracts are concluded when buying real estate and what to pay attention to

When purchasing housing, the parties may conclude several different contracts depending on the stage of agreements. The most common are: preliminary contract, deposit agreement, main purchase and sale agreement.

The preliminary contract is provided for by Article 635 of the Civil Code of Ukraine. It is concluded when the parties agree on the sale but are not yet ready to formalize the main agreement. The document defines the period within which the main contract must be signed.

It is also possible to conclude a deposit agreement. According to Article 570 of the Civil Code of Ukraine, the deposit confirms the parties' intention to conclude a contract and ensures the fulfillment of obligations.

The main document is the purchase and sale agreement, which according to Article 657 of the Civil Code of Ukraine must be notarized if the subject is real estate. Before signing the contract, the buyer should carefully check:

• full details of the parties,
• accurate description of the real estate object, cadastral number of the land plot (if available),
• the actual sale price,
• the procedure for transferring funds,
• terms of apartment transfer,
• absence of hidden conditions regarding payments.

Most common buyer mistakes

Most problems arise not because of imperfect legislation but because of buyers' haste.

Among the most typical mistakes:

Relying only on the notary’s check. The notary checks state registers but does not conduct a full legal audit of the property’s history.

Transferring a deposit without written formalization. Oral agreements or simple receipts do not provide proper protection for the buyer.

Not checking the seller’s marital status. If the property was acquired during marriage, notarized consent of the other spouse may be required according to Article 65 of the Family Code of Ukraine.

Buying an apartment by power of attorney without additional verification. Before concluding the contract, it is necessary to ensure that the power of attorney is valid, not revoked, and the representative acts within their authority.

Ignoring illegal remodeling. If the actual condition of the apartment does not correspond to the technical passport, the new owner may face difficulties during further sale or loan processing.

Not checking court disputes. Even if the apartment is entered in the state register, a court case may be ongoing that potentially affects ownership rights.

Court practice and ownership transfer: requirements for property verification find confirmation in court practice

The Supreme Court has repeatedly emphasized that even state registration of ownership rights does not exclude the possibility of a dispute. At the same time, good faith of the buyer and the circumstances of acquiring ownership rights are decisive.

The buyer can rely on data from the state register only if acting in good faith. This is evidenced by the ruling dated March 26, 2025, in case No. 758/11320/20. The case considered a dispute over ownership of an apartment, invalidation of the purchase and sale agreement, and recovery of real estate. The plaintiff claimed that the housing was illegally taken from her possession and tried to recover the apartment from the subsequent acquirer.

The Supreme Court thoroughly analyzed the history of ownership transfer, the moment of acquiring ownership rights to the real estate, the significance of state registration of the purchase and sale agreement, and the application of Article 388 of the Civil Code of Ukraine regarding recovery of property from a bona fide acquirer.

The court emphasized that to return the property, it is not enough to merely claim violation of rights – it is necessary to prove the existence of legal grounds for vindication and the fact of illegal removal of property from the owner’s possession.

Moreover, the Supreme Court confirmed that a person who acquired real estate under a duly registered contract acquires ownership rights according to civil law requirements, and the absence of proper evidence of violation of this right is grounds for dismissal of the claim.

Court practice 2. Ownership disputes may arise even after several resales of an apartment

In the Supreme Court ruling dated April 8, 2026, in case No. 947/954/23, the court considered a situation where the same real estate object was effectively alienated to different persons, after which the apartment was resold multiple times.

The dispute arose over rights to apartments in a new building in Odesa. Two persons claimed the same object, having concluded different purchase and sale agreements of property rights with the developer.

The plaintiff claimed she fully paid for the apartments and asked to invalidate subsequent purchase and sale agreements, recognize her ownership rights, and recover the property from the new owner. The appellate court agreed with her arguments, but the Supreme Court overturned this decision.

The Civil Cassation Court established that another investor concluded the contract earlier, first fulfilled financial obligations to the developer, and first acquired ownership rights after state registration. The court noted that the moment of proper contract performance and acquisition of property rights is decisive in such disputes.

At the same time, the method of payment (through the company’s cash desk or bank), if it corresponds to the parties' agreements and is confirmed by evidence, by itself does not indicate bad faith of the buyer.

As a result, the Supreme Court upheld the first instance court’s decision and denied the claim, recognizing the rights of the person who first acquired property rights and registered ownership.

This case demonstrates that when buying an apartment in a new building, it is necessary to check not only the seller’s documents but also the history of property rights, the date of contracts with the developer, the fact of full payment for the object, and state registration of ownership rights.

In conclusion, a comprehensive document check before signing the contract will help avoid long-term court proceedings, loss of funds, or even ownership rights to the purchased housing. Do not rush to transfer money; first make sure that the future transaction is legally safe and complies with the requirements of current Ukrainian legislation.

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