The Legal Hazards of Buying Ukrainian Property via Power of Attorney in 2026.

Real Estate Transactions Through a Power of Attorney

According to Novyny.live: Ukrainian law in 2026 permits real estate deals to be conducted by a representative acting under a power of attorney. While legal, this method carries inherent risks. Property owners can grant a notarized power of attorney, authorizing another person to sign contracts on their behalf, a right established under Article 237 of the Civil Code of Ukraine. For international investors and expatriates, understanding these local proxy rules is crucial when navigating the Ukrainian property market.

A critical point is that the property owner retains the right to revoke this authorization at any time, as per Article 249 of the Civil Code. This means any transaction based on the power of attorney can be nullified without prior warning. Furthermore, the attorney's authority terminates automatically upon the death of the property owner, which can invalidate previously concluded agreements.

Key Risks and Essential Precautions

Compliance with family law is another vital consideration. According to Article 65 of the Family Code of Ukraine, selling property acquired during a marriage requires the notarized consent of the spouse. This adds a mandatory step that can complicate the transaction process.

The risks involved in purchasing an apartment via this method are substantial. The primary dangers include:

• The potential for the power of attorney to be revoked;
• Automatic termination of the authorization upon the death of the property owner, which could result in a loss of property rights;
• The absence of spousal consent for the sale of marital property, jeopardizing the deal's legality.

To proceed safely, several precautions are essential. First, verify that the power of attorney is properly notarized and has not been revoked. It is also crucial to confirm that the property owner is alive and legally competent. If the property is jointly owned, securing the notarized consent of the owner's spouse is a critical step that cannot be overlooked.

In summary, while using a power of attorney for real estate transactions in Ukraine in 2026 remains legal, it demands extreme caution and thorough verification of all legal aspects to avoid severe consequences. Given the complexities of the legal framework, individuals considering such transactions should be exceptionally vigilant. A clear understanding of the risks and strict adherence to legal requirements, ideally with guidance from a qualified local real estate lawyer, is the best way to ensure a secure and legally sound transaction.