What is the procedure for selling an apartment by power of attorney?

Selling real estate based on a power of attorney is a common practice for owners who are outside Ukraine. It allows a transaction to be completed without the owner’s personal presence before a notary in Ukraine, but it also entails heightened legal and financial risks. For this reason, this mechanism requires especially careful document preparation and strict compliance with legal requirements.

A power of attorney issued abroad is used to represent the owner’s interests through a third party and is subject to mandatory legalization or a special certification procedure. The representative must be fully legally capable and have an appropriate reputation, while the power of attorney itself should be limited in duration and scope of authority to minimize the risk of abuse.

Is it possible today to sell an apartment in Ukraine without problems while staying abroad?

Yes, a sale is possible without the owner’s physical presence, but only if a properly executed power of attorney is in place. The safest option is to issue the power of attorney at a Ukrainian consular office abroad. Such a document does not require additional legalization in Ukraine.

An alternative option is to contact a local notary in the country of residence. In this case, the power of attorney must comply with the requirements of the Law of Ukraine “On Private International Law,” be translated into Ukrainian, and the translation must be notarized in Ukraine. Formally, this route is permissible, but it is more complex and requires enhanced control at every stage.

What requirements must a power of attorney for selling an apartment meet?

A power of attorney for the alienation of real estate is a key document in the entire transaction. It must be drafted with maximum detail and leave no room for ambiguous interpretation. In particular, it must include:

• the representative’s full identification details (passport, tax identification number);
• an exact description of the property (address, registration details);
• a list of authorities (the right to sign the contract, submit documents, complete state registration);
• the term of validity of the power of attorney;
• additional terms specifying the representative’s actions.

It is important that the power of attorney be executed on a notarial form, recorded in the notarial forms register, and drafted in Ukrainian. If the document is initially issued in a foreign language, a notarized Ukrainian translation must be attached. Powers of attorney certified by Ukrainian consular offices do not require legalization.

What is the procedure for selling an apartment by power of attorney?

The procedure for selling real estate through a representative consists of several interrelated stages and requires strict observance of formalities. First, title documents for the apartment are collected or restored. Then the power of attorney is issued and a representative is designated.

Next comes the search for a buyer, verification of their solvency, and agreement on transaction terms. If necessary, a preliminary agreement may be concluded and a deposit paid. The main sale and purchase agreement is signed by the representative before a notary, with full settlement and payment of mandatory charges carried out simultaneously—taxes, the Pension Fund contribution, and state duty. The final stage is the notary’s entry of changes into the State Register of Real Property Rights.

What problems most often arise when settling payments for an apartment?

Financial settlements are the most vulnerable stage when the owner is abroad. With cash payments, the issue arises of transporting currency abroad: up to EUR 10,000 may be taken out without declaration, and this right belongs exclusively to the owner of the funds. Transferring money to a representative creates additional risks.

Non-cash payments, in turn, fall under financial monitoring. Transfers exceeding established thresholds (often from UAH 400,000 and above) may require confirmation of the source of funds and submission of a package of documents to the bank. Payments in cryptocurrency currently remain legally unregulated for real estate transactions and are not recommended from a practical standpoint.

Conclusion

Selling property by power of attorney is a real and lawful tool, but only with proper legal support. Mistakes at the stage of issuing the power of attorney or conducting settlements may lead to loss of funds or challenges to the transaction. Therefore, before making a decision, it is advisable to analyze all risks in advance and act strictly within a clearly structured legal strategy.