3.1 Internal maintenance, decoration and repair?
Tenant, unless otherwise specifically provided for in the lease agreement.
3.2 External maintenance, decoration and repair?
Landlord, unless otherwise specifically provided for in the lease agreement.
3.3 Structural repairs?
Landlord, unless otherwise specifically provided for in the lease agreement.
3.4 Insurance?
Insurance of land is discretional and is determined by parties in the agreement. It is not common in Ukraine to insure land plots.
Insurance of state owned real property is mandatory and should be procured by tenants.
Insurance of privately owned buildings is discretional and is subject to parties negotiations. Market practice is that landlord would be responsible for insurance of structural part of the building and external fit out, whilst the tenant will insure internal fit out and fittings and its belongings.
3.5 VAT?
Yes, generally, VAT is payable on rents at the rate of 20% (except for the cases where the lessor is an individual or a company not registered as VAT-payer).
However, the following rent payments are exempt from VAT:
- rent of integral property complexes of state or communal enterprises if the lessor is state or local authority and payments under law are credited to the state budget of Ukraine or local budgets;
- rent of the land plots in ownership of the state or local communities, if the rent payments are fully credited to respective budgets.
In addition, the Tax Code of Ukraine provides 0% VAT for rent of the airport premises that are used for servicing of international flights.
3.6 Rates?
Subject to the agreement between the parties. State owned property rates are regulated and will depend on property, its designation and location. The rent rate for state-owned and municipal land shall not be less than 3% of the amount of normative value of the land. The rent shall not exceed 12% of the same (unless the lease to the land is granted via an auction). In most cases, the rent rate for state-owned and municipal property (land in particular) is determined by means of an auction.
3.7 Other typical outgoings?
Among other typical tenant’s expenses it is common to have phone and utility charges, marketing share (for shopping malls), fit out and internal fittings insurance, grand opening share (for shopping malls).
3.8 The ability to recoup any landlord outgoings (including management costs) by way of service charges?
Yes. The landlord can recover the costs of external maintenance, decoration, repair and structural repair, management fees etc. via a service charge.
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