12-13-2024, 08:10 PM
BUYING PROPERTY IN LATVIA
The process of buying property in Latvia can follow different paths, depending on what kind of real estate you are interested in. However, the general procedure can be summarised in the following steps (assuming you have already found a property you are interested in):
performing due diligence
preparing documents
transferring payments
registering with a Land Book
Due diligence
Due diligence is a process of acquiring information about the property with the aim of making sure that it is legally safe and sound. It involves checking relevant documents, as well as whether the piece of real estate is registered with all the necessary government agencies, such a Land Book. This type of legal assessment also checks if all the parts of the property have been properly legalized, e.g. whether the buildings on a land plot have been built in accordance with all the rules. You can read a detailed description of the procedure in the dedicated article on due diligence.
Ordering a due diligence is a vital first step in buying a Latvian property. Skipping it might turn very badly in the long term, as well as make you spend more money than you should have spent. Unassessed property can also bring serious legal consequences, as any violations of the law and improperly prepared documents are the liability of the owner of the property. Once you become an owner, you assume full responsibility for everything. This is why it cannot be stressed too much, that the 1st step of buying a property is ordering a due diligence process.
Document preparation
The main document for buying a Latvian property is, of course, a purchase agreement. However, besides it, there are other documents which might be necessary, depending on a specific deal. In total, these are:
promissory note (in Latvian: rokas naudas līgums)
purchase agreement
Land Book registration application
property deed (Land Book certificate)
A promissory note also known as a letter of intent is a preliminary agreement between the buyer and seller of real estate, in which they declare their intentions to complete the transaction and to fulfill certain obligations. Usually it involves the buyer paying a certain sum of money upfront, and the seller promising not to offer the property in question to anyone else. This is only the basis, however, and actually the promissory note can include any conditions that ensure that the purchase deal will indeed be completed in the future. For example, it may stipulate that the buyer will first receive a mortgage loan and then buy the property. Or that the seller will demolish an additional structure that has been built with legal violations.
After a promissory note is secured, a purchase agreement is prepared. In it, both parties specify exactly what property and/or its parts are being sold, and for what amount of money. They also describe their liabilities and provisions for not following their liabilities, such as fines. It is crucial for the buyer to see what kind of guarantees and declarations the seller makes, and it is strongly advised to hire a property legal aid agency to oversee the preparation of the contracts. This information will be your safeguard in case legal problems are detected after you have made the purchase. Please, also note, that the purchase agreement is not the final proof of ownership. It is only a basis for the next step.
The next and the last document in the purchasing process is the title, also known as property deed. This is the step when the ownership title is actually transferred to you via registering you in the appropriate Land Book. For this, you will need a Land Book registration application (in Latvian: Nostiprinājuma lūgums). It is freely available on the official Land Book website, and requires various information about you and the property you have purchased, as well as documents that prove the deal, i.e. a purchase agreement. After your application has been approved, you are legally considered to be the owner of the property.
To prove your ownership in the future an official note from the Land Book is required. It acts like the aforementioned title or deed, and in Latvia is considered to be the only valid proof of ownership.
The process of buying property in Latvia can follow different paths, depending on what kind of real estate you are interested in. However, the general procedure can be summarised in the following steps (assuming you have already found a property you are interested in):
performing due diligence
preparing documents
transferring payments
registering with a Land Book
Due diligence
Due diligence is a process of acquiring information about the property with the aim of making sure that it is legally safe and sound. It involves checking relevant documents, as well as whether the piece of real estate is registered with all the necessary government agencies, such a Land Book. This type of legal assessment also checks if all the parts of the property have been properly legalized, e.g. whether the buildings on a land plot have been built in accordance with all the rules. You can read a detailed description of the procedure in the dedicated article on due diligence.
Ordering a due diligence is a vital first step in buying a Latvian property. Skipping it might turn very badly in the long term, as well as make you spend more money than you should have spent. Unassessed property can also bring serious legal consequences, as any violations of the law and improperly prepared documents are the liability of the owner of the property. Once you become an owner, you assume full responsibility for everything. This is why it cannot be stressed too much, that the 1st step of buying a property is ordering a due diligence process.
Document preparation
The main document for buying a Latvian property is, of course, a purchase agreement. However, besides it, there are other documents which might be necessary, depending on a specific deal. In total, these are:
promissory note (in Latvian: rokas naudas līgums)
purchase agreement
Land Book registration application
property deed (Land Book certificate)
A promissory note also known as a letter of intent is a preliminary agreement between the buyer and seller of real estate, in which they declare their intentions to complete the transaction and to fulfill certain obligations. Usually it involves the buyer paying a certain sum of money upfront, and the seller promising not to offer the property in question to anyone else. This is only the basis, however, and actually the promissory note can include any conditions that ensure that the purchase deal will indeed be completed in the future. For example, it may stipulate that the buyer will first receive a mortgage loan and then buy the property. Or that the seller will demolish an additional structure that has been built with legal violations.
After a promissory note is secured, a purchase agreement is prepared. In it, both parties specify exactly what property and/or its parts are being sold, and for what amount of money. They also describe their liabilities and provisions for not following their liabilities, such as fines. It is crucial for the buyer to see what kind of guarantees and declarations the seller makes, and it is strongly advised to hire a property legal aid agency to oversee the preparation of the contracts. This information will be your safeguard in case legal problems are detected after you have made the purchase. Please, also note, that the purchase agreement is not the final proof of ownership. It is only a basis for the next step.
The next and the last document in the purchasing process is the title, also known as property deed. This is the step when the ownership title is actually transferred to you via registering you in the appropriate Land Book. For this, you will need a Land Book registration application (in Latvian: Nostiprinājuma lūgums). It is freely available on the official Land Book website, and requires various information about you and the property you have purchased, as well as documents that prove the deal, i.e. a purchase agreement. After your application has been approved, you are legally considered to be the owner of the property.
To prove your ownership in the future an official note from the Land Book is required. It acts like the aforementioned title or deed, and in Latvia is considered to be the only valid proof of ownership.