Legal counsel for real estate transactions in Ukraine
Kyiv
Ukraine has been under martial law since 2022, and this affects every real estate transaction: the registries, the transfer of funds and the ability to travel there. This page is not meant to persuade you to invest. It explains what needs to be checked if you have an existing property in Ukraine, an inheritance, or a transaction you are considering.
- Property rights registerДержавний реєстр речових прав
- Sale contractCertified by a Ukrainian notary
- Agricultural landForeign ownership prohibited
- Martial lawExtended periodically since 2022
What brings Israelis to Ukraine today
Some Israelis have family ties to Ukraine, and some own property that was bought or inherited before the war. The questions today differ from those before 2022: what is the status of the rights in the register, whether the property can be sold or registered, how funds can be transferred, and what reporting is required in Israel. We do not recommend investing in Ukraine and do not assess the security situation. We examine the legal side, and present the risks to you as they are.
What to know before you enter
- Since 2022, registration in the property rights register has operated under Government Resolution 209 on registration during martial law: only parties authorised by the Ministry of Justice may carry out registration actions, and restrictions may apply by region.
- A property in a combat zone or in occupied territory may be blocked for registration actions, and its physical and legal condition is hard to verify.
- Foreigners may not own agricultural land. A foreigner who inherits such land must dispose of it within one year, otherwise it may be confiscated by court order.
- Transfers of funds out of Ukraine are restricted under Resolution 18 of the National Bank of Ukraine on banking activity during martial law, which is amended frequently. Whether the sale proceeds can be taken out needs to be checked before signing.
- Every transaction before a notary requires a Ukrainian tax identification number (РНОКПП), including for a foreigner.
- Travelling to Ukraine carries real risk. Before any planning, check the current travel warning issued by Israel's Ministry of Foreign Affairs, and it is preferable to act through a power of attorney.
How we support you in Ukraine
- 1
Checking the status of rights
Data from the State Register on ownership, encumbrances and restrictions, obtained through a local notary or lawyer.
- 2
Inheritance and existing property
Settling the rights of Israeli heirs, and examining whether the property can be sold or let.
- 3
Power of attorney and remote signing
Preparing a power of attorney in Israel, with the certifications and translation the notary in Ukraine requires.
- 4
Tax identification number (РНОКПП)
Obtaining the number from the Ukrainian tax authority, including through an attorney-in-fact.
- 5
Transferring funds
Checking currency and transfer restrictions in advance, together with the local bank.
- 6
Tax and reporting in Israel
Reporting income and gains from the property, and examining the credit available under the double taxation treaty.
Adv. Ilan Leibovitch is an Israeli attorney. Advice and acts under local law are carried out by lawyers and notaries licensed in the relevant country, coordinated by the office.
How it works in Ukraine
- 1
Registry check
Data from the State Register: ownership, encumbrances and restrictions.
- 2
Location and restrictions check
Whether the property is in an area where registration is restricted, and what its actual condition is.
- 3
Documents and power of attorney
РНОКПП, power of attorney and translations, without travelling to Ukraine.
- 4
Signing before a notary
The sale contract is certified by a Ukrainian notary.
- 5
Registration and transfer of funds
Registering the rights in the register, and checking whether the funds can be transferred.
Why us
Before 2022, Adv. Leibovitch was involved in high-rise construction projects in Ukraine that were sold to Israeli investors, so he is familiar with how local transactions are structured. Today, the steps required by Ukrainian law are carried out by locally licensed notaries and lawyers, and we coordinate them from Israel, review the documents and stay in contact with you. Our role is to establish the status of the rights, the legal risks, and what can actually be done.
Frequently asked questions
Can an Israeli buy property in Ukraine?
An apartment or a building, yes, subject to checks. The Ukrainian tax authority states that a foreigner needs a tax identification number (РНОКПП) for real estate transactions before a notary. Agricultural land, no: Ukrainian law prohibits foreigners from owning it, and anyone who inherits such land must dispose of it within one year.
Does the registry operate during the war?
Yes, but with restrictions. Since 2022, registration has been carried out under special rules for the period of martial law, only by parties authorised by the Ministry of Justice, and with possible restrictions by region. That is why the check begins with the property's location.
Can the proceeds from selling a property be transferred to Israel?
That is checked before signing. The National Bank of Ukraine has restricted transfers abroad since 2022 and changes the rules from time to time. We check the possibility with the bank and the local parties before every step.
Is there a double taxation treaty between Israel and Ukraine?
Yes. According to the Israeli Ministry of Finance, the treaty has applied since 1 January 2007. Israeli residents are liable to tax on income from property abroad, and the treaty determines which country may tax and how you receive a credit for tax paid in Ukraine.
Do you have a property or a transaction in Ukraine?
A sound international transaction begins long before signing. A short introductory call will clarify whether, and how, we are the right firm to support you.
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