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.
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.
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.
In Real Estate and Construction field
Winner in the Construction and Real Estate category
According to the Ukrainian Real Estate Club
5th place in Real Estate Practice category
5th place in Land Law category
“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.”
“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.”
“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 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.”
“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.”