Property rights as the subject of a real estate purchase agreement

The article analyzes the legal relations that arise between a buyer of an apartment in a new building and the developer, particularly in the context of agreements for the purchase of property rights to future real estate objects. It is noted that such agreements do not confer ownership rights to the housing itself but only grant the buyer property rights, which may later be transformed into ownership rights after the completion of construction. Prior to the adoption of Law of Ukraine No. 5091 «On Guaranteeing Real Property Rights to Real Estate Objects to Be Constructed in the Future» in 2022, the legislative framework in this area did not provide adequate protection for buyers. Buyers lacked effective mechanisms to influence developers in the event of a breach of contract. Law No. 5091 was the first to regulate the procedure for acquiring real property rights to future real estate and established a number of essential guarantees. The article pays particular attention to the provisions of Article 13 of the Law, which details the obligations of the developer, the essential terms of the agreement, the list of documents available for the buyer’s review, and the procedure for regulating installment payments. The Law requires the registration of a special property right for each unit of real estate, preventing its double sale, and provides transparent mechanisms for the disposal of such rights. The article also analyzes the limitations and gaps in the Law, particularly those related to unreasonable penalties upon termination of the agreement and the absence of clear deadlines for refunds in some cases. At the same time, the adoption of Law No. 5091 significantly enhances investor protection, systematizes contractual relations in the primary housing market, and helps prevent common developer abuses. The provisions of this Law represent an important step toward increasing legal certainty in the field of housing investment. It is concluded that the detailing of the agreement’s provisions between the developer and the buyer significantly increases guarantees for buyers and, to some extent, standardizes the agreement form, which should eliminate a number of existing abuses by developers.