Generally, real estate sale agreements have to be drafted in the form of notarised acts.

If the contracting parties fail to comply with the requirement of a notarised act, then the transaction is void.

By way of exception, a contract of sale regarding real estate used as a tax lien has to be made in writing and its notarial authentication is not mandatory.

Notarised sale agreements are more secure than others.

To obtain a notarised sale agreement, the parties must apply to a public or private notary and provide all the necessary papers. The authentication of real estate sale agreements is performed either in the place where the property is situated or in the place of residence (place of incorporation) of one of the contracting parties.

The notary establishes the identity of each of the parties to the transaction, determines the civil capacity of persons, checks the legal capacity of legal entities, verifies the powers of attorneys, establishes the actual intentions of each of the contracting parties, as well as the lack of objections to any of the terms of the agreement, etc.

After having accepted all the terms of the sale agreement, the parties sign it in front of the notary. Later, the notary records it in the register of notarised acts, thus attesting the transaction.

The notary makes the notarised act following the payment of fees and, in some cases, following payment of personal income tax and other payments the day when all the necessary documents are submitted. In the absence of the contracting parties or their agents, the performance of notarised acts is not authorised.

The seller is entitled to the payment of the sale price and has to hand over the property to the buyer as well as all related accessories and papers (keys, technical passport, etc.). If the right of ownership is transferred to the buyer before the property is actually handed over, then the seller is required to assure the upkeep of the property and prevent its deterioration.

 The buyer has to pay the price at the conditions established in the agreement is entitled to take possession of the sold property.

A preferential right is applicable in case of sale of a part of a property owned jointly. In this case, the co-owner has a preferential right over others for the purchase of the foregoing part at the declare sale price, excluding pubic auctions. The seller has to inform the other co-owners of his intention to sell his part, specifying the sale price and terms. If the other co-owners decline their preferential right to purchase or fail to exercise it (within a deadline of one month in the case of immovable property and of ten days since the receipt of the message in the case of movable property), the seller has the right to sell his part to another person.

In case of interdiction, the transaction concerning the sale of property encumbered by debts can only be authenticated with the agreement of the creditor and the buyer concerning the transfer of the debt to the buyer.
Contracts for the sale of property (right of ownership) by a taxpayer whose assets are covered by tax guarantee have to be authenticated and are subject to the written authorisation of the competent tax authority.

In case of contracts involving minors, the disabled and persons with a partial capacity having the right to use or the right of ownership of the property in question, a special authorisation from the guardianship authorities is required.

In the case of a contract for the repurchase of privately owned land for public purposes (in the absence of property, buildings, other real estate or plantations), the notary requires that the decisions of the authorities or the local government be submitted.

The notary fulfils all the formalities for the implementation of these rights.

The buyer becomes the owner as soon as his right of ownership is recorded in the public register of rights in rem.

The payment of the price is made according to the specific agreement between the parties set out in the contract of sale.
The payment options may be the following:
1. The buyer pays the whole or part of the price prior to receiving the property (advance payment);
2. The buyer pays the full price immediately after the seller hands over the property or following receipt of the title of ownership of the property;
3. The buyer pays the price some time after the property is handed over by means of deferred or staggered payment.

The buyer can pay in cash (if the sum does not exceed 150,000 Hryvnias) and non-cash (for contracts having a value exceeding 150,000 Hryvnias).

The seller receives the sum regardless of whether the buyer purchases the property with his own funds or by means of a loan. If the property is acquired by means of a loan, the buyer acquires the ownership right, but according to the terms of the mortgage loan contract; the notary has to record the charges and mortgages in the national register of real estate rights, which makes the sale of these assets impossible until the sum is paid back fully to the creditor.

When buying or selling real estate, the contracting parties have to pay the following taxes and expenses:
1. In all cases of purchase of real estate (excluding land) the buyer has to pay 1% of the sale price as a compulsory retirement insurance fee;
2. the seller has to pay military taxes and duties, in the cases provided for and the relevant sums are fixed under article 172 of the Tax Code in force in Ukraine.

The sale of immovable property more than once in the course of the fiscal year ,(including land, within the limits of the rules on free privatisation, apartments, rooms, houses, garden houses or parts thereof, including the land on which the asset is found), is not subject to taxation, providing that the seller has owned it for more than three years (with the exception of inherited property).

In all other cases, and for all other assets, the revenue from the sale of real estate is subject to a 5% tax for residents and an 18% tax for non-residents. Furthermore, when calculating the tax, a military tax of 1.5% is added.

Moreover, the parties have to pay at least 1% of the sale price for the services provided by the notary.

All the tax rates can be found on the website of the Verkhovna Rada in Ukraine, and on the websites of the tax authorities.

The taxes for compulsory retirement insurance are calculated and paid by the buyer.

Taxes and the military duties are calculated and paid by the seller of the property.

In accordance with the law in Ukraine, the notary certifies an agreement for the sale of real estate after payment of all the taxes and fees by the contracting parties. These taxes and fees have to paid to the local authorities and the State.

Based on the agreement reached by the contracting parties, the property can be handed over to the buyer (handing over of keys) when the notarised sale agreement is signed or shortly afterwards.

The acquisition of ownership rights is subject to their entry in the national register of rights in rem in immovable property. The notary who certifies a sale agreement records the rights in the national register. Registration of ownership may be made immediately once the sale agreement is notarised or after the complete fulfilment of all the requirements by the buyer.

As of 1st January 2016, the issue of the property title certificate has been abolished in Ukraine. The sale agreement is published by registering the ownership right in the national register. Notaries and individuals accredited with the national register have direct access to the register and record ownership rights. Information on the registration of ownership rights can also be found on the official website of the Ministry of Justice, which everyone has access to.

Publication establishes the transfer of ownership from the seller to the buyer.