Why PwC Legal Ukraine?
- Our Real Estate team consists of multidisciplinary professionals providing legal services as well as audit and tax services on real estate and construction matters, advising an extensive client base from both the private and public sectors.
- Our unique relationship with tax, advisory, assurance, business consultants and other lines of service within the global PwC network allows us to look at legal issues from different angles and to offer solutions that are not only legally sound, but also efficient from a business perspective.
- We provide our clients with efficient solutions by developing our legal services with specific regard to Ukrainian regulations. Our approach involves legal advice on every stage of the real estate lifecycle, from investment planning to divesting assets or businesses for optimal return on investment.
- Our team consists of experienced attorneys, who are socially responsible and adhere to the highest professional and ethical standards.
Clients
In Ukraine, the firm provides a broad range of legal services and support to corporate owners/users, developers, manufacturing companies, hospitality organizations (HORECA), investors and housing finance funds. Our dedicated legal specialists also participate actively in leading industry organizations (ACC, EBA) and provide quality research and reporting to executives, investors and owners.
Scope of Services
The scope of services provided by our Real Estate team includes comprehensive legal assistance and advice on the following:
- Relocation of business
- Agricultural business (investment and operation under martial law)
- Construction under new construction rules
- Set up and operation of the Industrial Parks
- Damages incurred as a result of Russia's invasion
- Recovery Plans and programmes
- Drafting of Ukrainian laws and regulations on state and local level
- Special benefits, privileges and support for investors in Ukraine
- PPP
- ESG
Relocation of business
Up-to-date relocation regulations
- Legal advice on up-to-date Ukrainian laws related to relocation of business/practice of their implementation (incl., benefits and privileges, procedures, requirements etc.)
- Elaboration of legal mechanisms for relocation, based on specifics of Client's business and intentions. Practical implementation thereof
Relocation to greenfield/brownfield
- Legal due diligence of the land plot/building/building under construction, selected for relocation. Confirmation of legal possibility of relocation/further operation of Client's business thereon/therein
- Full scope legal support with the land/real estate transaction (purchase, lease of a land plot/real estate object/unfinished construction). Elaboration and advise on appropriate transaction mechanism and transaction/ownership structure for the benefit of the Client (from tax and legal prospective)
- Legal support with land allotment, rezoning of the land plot, construction documentation, change of real estate intended use etc.
Relocation to the Industrial Parks
- Legal advice on up-to-date Ukrainian laws related to relocation to/operation in the Industrial Parks and practice of their implementation (incl., due diligence, full scope transaction support, drafting/revising agreements on operation in the Industrial Parks, construction and other documentation etc.)
Relocation outside Ukraine
- Full scope legal support with relocation of Client's business abroad (in cooperation with PwC worldwide network); incl. tax and legal support, search for relocation facilities etc.
Privatization of state (municipal) ownership
- Legal advice on up-to-date Ukrainian laws related to privatization of state (municipal) ownership and practice of their implementation (incl., due diligence, full scope transaction support, support with renewal/transfers of utility permits, construction and other documentation etc.)
Agricultural business (investment and operation under martial law)
- Elaboration and advice on appropriate transaction mechanism and transaction/ownership structure for investment into agri business for the benefit of the Client (from tax and legal prospective) in light of martial law and the moratorium on purchase of land plots for legal entities. Full scope transaction support
- Legal support on agricultural land transactions under martial law (purchases, lease, emphyteusis)
- Comprehensive protection of agri business and ensure timely (preventive) anti-raider protection thereof (incl. inventory of real estate/land portfolio; identification of deficient, risky assets, gaps and threats; elaboration of tailored legally correct and practically implementable road map for elimination of the above and implementing additional measures for optimal protection for Client's benefit and safety)
Construction under new construction rules
- Tips and tricks (optimal legal ways) for construction during the martial law
- Specific (simplified) rules for construction for temporary relocated people
- New simplified procedures for land rezoning, obtaining technical conditions, construction permit etc. their implementation in practice
- Other assistance and obtaining construction and other related benefits and preferences (depending on the location, type, purpose of the project)
- Elaboration and implementation of innovative mechanisms for real estate financing (in particular, square-meter-based sale of residential properties etc.)
Set up and operation of the Industrial Parks
- Full scope legal support with Industrial Parks establishment and operation (incl. full scope legal due diligence of the land plot/utilities, advise on up-to-date Ukrainian laws, land plot securing, drafting template documents for Industrial Park functioning etc.)
Damages incurred as a result of Russia's invasion
- Legal support in with recording, documenting and valuation of damages to commercial, residential, logistics etc. (preparation of statements, protocols, other relevant documents)
- Identification of Client-specific potential ways and methods to recover damages under specific conditions (in Ukrainian courts, in courts of foreign countries, in ECHR, etc.)
Recovery Plans and programmes
- Advise and assistance with preparation of Recovery Plans and programs (incl. worldwide expertise and Ukrainian specifics). Advice on up-to-date legal requirements thereto
Drafting of Ukrainian laws and regulations on state and local level
- Professional drafting of laws and regulations (amendments thereto) Client and the state of Ukraine regarding the matters of interest for the Client in the following areas: real estate and construction, investments, urban development, land relationships etc.; support with adoption thereof
Special benefits, privileges and support for investors in Ukraine
- Full scope legal support with obtaining of status, benefits and privileges, provided under Ukrainian laws for foreign investors (incl. under so called "Investment Nanny Law")
PPP
- Full scope support with PPP projects (concessions and other agreements)
ESG
- Advise on wartime specifics of ESG requirements/benefits in Ukraine
- Assistance with obtaining advantage through positioning your business as ESG compliant, particularly in the context of launching goods and services in European and global markets
Selective Experience
Comprehensive advice on requirements of Ukrainian law with respect to construction of industrial real estate by a non-resident of Ukraine
Full-scope legal due diligence of premium (class “A”) business centre in Kyiv for the potential investor
Support in acquisition of residential and commercial real estate in Ukraine
Legal support in construction of wind farm in Ukraine
Legal support in negotiation of the lease agreements for JYSK stores in Ukraine
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Contact us
Head of Real Estate, Attorneys Association "PwC Legal in Ukraine"
Tel: +380 44 354 04 04
Aleksandr Lakei
Senior Consultant, Real Estate, Attorneys Association "PwC Legal in Ukraine"
Tel: +380 44 354 04 04
Oleksandr Baliaba
Senior Consultant, Real Estate, Attorneys Association "PwC Legal in Ukraine"
Tel: +380 44 354 04 04
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