Housing and land

What should you check when you buy a home?

Huquqchi legal team

Check the seller's ownership, that no arrest or pledge burdens the property, that there is no unauthorised construction or replanning, and who keeps the right to use the home. The sale contract is written, notarised, and registered by the state.

Check the documents

The document that confirms ownership; the cadastral documents; the seller's identity document; the notarised consent of the spouse, if the real estate is the common property of the spouses (article 24 of the Family Code).

Check the encumbrances

Arrest, pledge, lease, rights of third persons. Buying without this check is the most common way to lose your money.

Family members of the seller can keep the right to use the home even after the family relations end. Under article 14 of the Housing Code, when a house or a flat where such persons live is sold, the contract must list them and state their rights of use.

Construction and replanning

An owner who rebuilt or replanned the flat without a permit must restore it to its previous state at their own cost (article 24 of the Housing Code). A person who put up an unauthorised building does not acquire ownership of it and has no right to sell it (article 212 of the Civil Code). Check the permits before you buy such an object.

The form of the contract

The sale contract for a house or a flat is made in written form, as one document signed by the parties, certified by a notary, and registered by the state. If the form is not kept, the contract is invalid.

How to pay

Pay after the state registration of the right, or through a conditional payment mechanism. Full payment in advance is a serious risk.

Legal sources

Legal basisHousing Code, article 14 Legal basisFamily Code, article 24 Legal basisCivil Code, article 212

This article gives legal information, not legal advice. For your own situation, consult a qualified lawyer.