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Real estate due diligence
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Due diligence (or legal audit) is the solution that is highly demanded at the Ukrainian real estate market among reasonable businesses. The procedure constitutes the detailed independent examination of the investment object that is carried out on the investors’ behalf to obtain objective information on the investment object.
We know that the potential investors buying real estate items or investing into land plots wish to be sure that when they purchase the assets, they will not get a set of litigations, will be able to use and develop the item, or wish to take a risk and are aware of the actual scope of problems of the item and the mitigation mechanisms.
Thus, the purpose of Due Diligence is to check the property to ensure the legality and commercial attractiveness of the project or purchase procedure. If the procedure is performed with high quality, the risk of making unprofitable investments is significantly reduced.
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During the due diligence of the real estate items, we study the history of creation thereof and transfer of the title thereto thoroughly, examine the title documents, check lawfulness of the construction, send attorney inquiries to all the applicable governmental authorities and local authority, obtain information from public registers and, where necessary, archives, including the BTI, etc.
As they have a deep understanding of the authorisation procedures, out team is able not only to study the available documents, but also to compare them with the others, including the laws in effect during the respective period, and to identify possible violations made to obtain them.
When land plots are examined, we study adherence to the procedure for primary formation of the land plot and allocation (transfer) thereof from the state-owned or municipal lands, conformity to the urban development documentation and compliance with the legal requirements, in case of further transfer of rights to the land plots, existence of the restrictions as to use of such land plots for the investor’s purposes, for instance, ‘red lines’, utility conservation zones, easement, water conservation zones etc.
Checking a land plot allows for identifying and minimizing the risk of acquiring a property under prohibition, under arrest, or involved in a court case. This takes into account the intended use of the plot, future prospects, and usage restrictions.
The inspection of real estate of any type involves technical, financial, and legal assessments and aims to protect the potential future owner from unforeseen complications.
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Also, any check of real estate items includes existence of seizure, mortgage, registered third-party rights, litigations as to the real estate item and the seller, inclusion of the seller into the Unified Register of Debtors etc.
The due diligence ends with the Report that provides the potential investor with the complete and objective information on the real estate item, possible risks associated with the purchase of the item and assessment of how major they are. Where necessary, it proposes the optimum structure of the contract to purchase the item.
We have the necessary experience and resources to check the property in all aspects according to current legislation and established standards. The best recommendations are the feedback from our clients and the numerous projects we have already completed.
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Legal assistance in a short time
Our completed projects
Stolychny Kyiv Factory of Sparkling Wines PJSC
In the shortest possible time, one of the largest Ukrainian wine manufacturer was able to reduce the cost of payment for land by amending the information on the code of intended use of the land in the State Land Cadastre.
K.A.N. DEVELOPMENT LLC
Faina Town RC is a prominent example of the modern approach to housing construction. Our company was also involved in the design of this RC.
UNIT HOLDINGS LLC
Our company conducted a comprehensive legal audit of the current state of land use for City-in-City, developed legal mechanisms for registration of rights to land with the desired intended use for urban needs in accordance with the approved urban planning documentation (DTPs), taking into account the need to optimise the land fees in the future.
Wog
Advising on taxation of land rent and land tax.
Avtosoyuz
Legal support for registration of the right to a land plot on Lybidska Square in Holosiivskyi district of Kyiv of a company belonging to the Avtosoyuz Group, official Volkswagen dealer in Ukraine.
Avtoland Group
Cancellation in court of an illegally accrued amount of taxes, insurance premiums and penalties totalling UAH 1.4 million.
Sobi Club
Advising on the application of urban planning legislation and support in obtaining permits in construction.
British Motors Ukraine
Support of registration of the interest to the land plot of the company which is a part of British Motors Ukraine Group, located at 21A Kirovohradska Str. in Holosiivskyi district in Kyiv.
Kovalska ICG
Bringing the Decision of the Kyiv City Council On the Transfer of Short-term Lease of Land for the Construction of a Residential Complex in compliance with the Law of Ukraine On Regulation of Urban Development in court.
KAN Development
Legal support of division and change of purpose of the land plot in the Dniprovskyi district in Kyiv.
Agromat
Advising on compliance with urban planning legislation and representation of interests in relations with public authorities and local governments.
POZNIAKYZHYTLOBUD PJSC
The law firm helped one of the largest Ukrainian developers specialising in the construction of elite residential complexes to renew the lease of land in the shortest possible time.
Beton Compleks LLC
The lease of the land for one of the leading manufacturers of construction materials and developer of Ukraine was renewed in the shortest possible time given the specifics of the conditions that were registered in the Client’s documents, including encumbrances in the form of arrest.
Ukrtara
Advising on enterprise transformation and corporate governance optimisation.
INDEPENDENT BUREAU OF INVESTIGATION NGO
Legal support of the incorporation, state registration and changes in the management structure.
Hippocrates
Advising on management optimisation and making changes to the constituent documents. Protection of intellectual property rights and consulting on Hippocrates trademark registration.
Dniprovska Riviera
Judicial protection of the right to lease a land plot in Holosiivskyi district of Kyiv.
Arkhitekta Creative Architectural Workshop
Judicial protection of the right to use a land plot in the Obolonskyi district of Kyiv.
Kiev Vegetable Factory
Advising on the division and change of the intended use of agricultural land for urban needs.
Sobi Club
Support of registration of the interest to the land plot.
Our awards
Our company is a leader in the Ukrainian and foreign markets. We are committed to ensuring a higher level of service and implementing the best practices of law firms
Featured in the LEGAL 500 international rating
In Real Estate and Construction field
According to the Liga Zakon Awards
Winner in the Construction and Real Estate category
Law Firm of the Year
According to the Ukrainian Real Estate Club
TOP 50 Legal Practice
5th place in Real Estate Practice category
5th place in Land Law category
Customer reviews
DNIPROVSKA RIVIERA
“In the seven years of our cooperation, I have never regretted choosing this company as a legal advisor. During the whole period of stormy trials that befell us, the team at Totum has always effectively defended our interests, both in conflicts with law enforcement agencies and in attempts to raid our business.”
AGROMAT
“The rapid development of our business has necessitated the expansion of our capacities. Totum’s team of legal advisers professionally provides us with legal support for these processes.”
OBOLON YRC
“An experienced team of professionals and masters of their craft. More than once they helped us resolve land issues, including extending the term of land lease agreements, conducting division procedures, allocating land plots, preparing the necessary documents for concluding agreements and protecting the company’s interests in court.”
KOVALSKA ICG
“Kovalska Industrial and Construction Group would like to express its respect and sincere gratitude for many years of fruitful cooperation, when the experts of TOTUM Law Firm have established themselves as a team of top professionals ready to provide quality and professional legal support in the most difficult issues.”
BORYSPIL INTERNATIONAL AIRPORT
“We would like to express our sincere gratitude personally to the partners and lawyers practising Land and Agrarian Law for conducting thorough and highly professional analytical work on the possibility of expanding the airport.”
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Our clients:
KAN Development
Agromat
WOG
Kovalska ICG
KFC
Auchan
Epicentr
IMPERIAL TOBACCO PRODUCTION UKRAINE JSC