Living in your own home is the dream of many Russians. And with the development of home purchase lending programs, it is becoming increasingly feasible. But a mortgage on a house with a plot has pitfalls, which are often not realized by those who plan to apply for it.
What difficulties do you most often encounter when buying a house with a plot on a mortgage? What programs do Russian banks offer? Who will be denied a targeted loan? And how can you increase your chances of getting it? FAN asked these questions , Tatyana Reshetnikova .
Trust but check
Many people today, deciding to purchase their own land plot, first carry out work that allows them to become familiar with the legal intricacies of preparing documents for such a transaction. This helps you avoid common common mistakes that lead to losing a large amount of money.
In the courts, you can meet victims who, as an excuse for their illiteracy, insisted that the seller seemed to them an honest person, that he provided a power of attorney certified by a notary to sell the land, that he was a good friend, a distant relative of close friends, so they believed him. These are standard situations in which it is not the fault of the fraudulent seller, but the one who buys and does not know what to check when buying a house with a plot.
Documents that can ensure a safe purchase of land Source kad-reg.ru
Possible controversial situations
When it comes to purchasing suburban housing, the main focus is on whether the seller has the right to own the land and house. But no one checks whether it is correctly drawn up from a legal point of view, whether there is registration of such documents. The most common mistake that subsequently leads to litigation is when, out of ignorance, a person who wants to purchase a country plot accepts the excuse that the seller is not able to present a document confirming his ownership of the land due to the fact that he owns it for life due to inherited gift. The new owner of such land after its purchase will not be able to dispose of the property (sell it or donate it).
The same common mistake is considered to be the moment when the acquirer buys a plot of land on which a house is built without registration. It is considered to be self-built. The new owner will not be able to register it. Only long trials, numerous examinations, and endless ordeals through the authorities will allow this to be done. Practice shows that only a few can withstand this.
True power of attorney for a land plot Source hobbymaniya.ru
A pure fraud scheme – the sale of a land plot under a fake power of attorney. This is the most typical situation that a buyer of a country home may encounter. Experienced lawyers always check whether the principal exists in real life, whether the power of attorney he provides to the potential buyer is carried out according to documents certified by a notary. That is why carrying out a purchase and sale transaction with the help of a law firm is considered the safest. If you have decided to buy land yourself without the help of specialists, you need to know what documents to check when buying a house with a plot of land.
See also: Catalog of the most popular sites in the Moscow region for the construction of suburban housing.
How to register the sale of a house with land
To formalize the sale of a house with land, the owner must have all the papers indicating that he is the owner of the property. Copies do not count; originals must be included.
To secure the transaction, an advance is made and a preliminary agreement is concluded , which must be certified by a notary. It reflects: when the transaction will be completed, in what form and amount the payment is made, and the guarantee amount. It will be approximately 5% of the cost. If the buyer changes his mind, the money remains with the seller. If the transaction is interrupted due to the fault of the owner, then he returns the advance and pays a fine equal to the same amount.
Full and advance payment can be paid either in cash or by bank transfer, if paying for individuals. The advance payment is given in cash and in front of a notary, but it is better to make the final payment in cashless form.
The calculation is carried out in three ways:
- Funds are transferred from the buyer's account to the seller's account.
- Cash in national currency is deposited into the current account.
- With the help of a notary. He acts as a guarantor, first the buyer transfers funds to his account, and then the notary transfers them to the seller. But you will have to pay extra for this service.
The most common method is cash payment. The contract specifies what amount is transferred, in what equivalent and how the recalculation is made. This method is risky. Therefore, it is more convenient to use the services of a cashier. Using equipment, he will count the money and check whether it is real or not. You can use a safe deposit box where you can leave the required amount, and the agreement with the bank will reflect all possible conditions for allowing third parties to access it.
Basic moments
No matter how hard the seller tries to win you over, it is important to always use your head and not take into account the positive recommendations of friends, relatives, and colleagues.
Sample certificate of state registration of property rights Source cityvisionawards.ru
If you want to purchase a country plot, it is important to study the list of documents in detail:
- A certificate confirming ownership of a house, if one is built on a plot of land for sale. It can be presented in the form of an act drawn up by the commission when accepting housing (it must record that the property is completely completed and ready for occupancy, that it was built by the person who is selling the housing). The seller's right of ownership may arise for other reasons. For example, after concluding a sale and purchase transaction, or after a donation or exchange. Then the owner must provide the potential buyer with a certificate confirming state registration of the right.
- Technical passport of land ownership. This is a folder, inside of which there is a house plan with a detailed description of all the symbols on it, listing the existing objects, their purpose, and describing the technical condition of each building. The passport must indicate the price component of all structures. It is issued by the BTI located where the land being purchased is located.
- Technical passport of each building located in the property zone with a detailed floor plan.
Correctly executed extract from the house register Source prozhivem.com
- Extract from home book. It is attached when housing suitable for permanent residence is built on a plot of acquired land. It indicates the number of persons living in the house. Even if the seller himself is not on this list, and he is not registered in the house register, the extract will show whether the housing is not encumbered.
- Legal documents. They confirm ownership of a given specific piece of land. These include a certificate of state registration of ownership, a purchase and sale agreement, a certificate of inheritance, documents received in the process of privatization of a plot of land (a resolution of the head of the district administration on the provision of a plot of land into ownership, a certificate of ownership of a specific land plot).
- Cadastral plan of a plot of land. It is issued by regional departments of Rosnedvizhimost. It indicates the boundaries of ownership, information about the status of the land, the standard value, the area of the plot, and all information about the copyright holders.
Cadastral plan of a plot of land Source kadastr24.nethouse.ru
Procedure for selling a house with land
To ensure a safe transaction, you can hire a lawyer. He will accompany her and monitor the order of registration. The parties themselves decide who will pay for his services. The law does not stipulate that it is necessary to use the services of a notary.
You can solve the problem yourself!
Below we will look at where and how to draw up an agreement, evaluate a house, pay/receive a deposit or deposit, etc.
The buyer can and has every right to check all documents for the property and its history personally. It is necessary to notarize the contract and register that the rights to the property are transferred to the buyer.
The preliminary type agreement specifies the terms and conditions of the transaction. On the appointed day, both parties appear at the law firm or real estate firm. If the contract is drawn up independently, then the parties themselves agree on the meeting.
Property valuation
This procedure is mandatory when selling a house with land.
The seller can set the correct price based on the value of similar properties that can be found on the Internet.
You can use the services of an appraiser. Then the owner will be given an official document containing a report and market analysis.
The following factors influence the assessment:
- Where is the property located;
- Material of construction;
- Communications: available or not;
- What year was it built?
- What is the condition of the house?
- Are there other objects on the site;
- Land quality.
Where to draw up a house purchase and sale agreement
When the sale of a house comes to an end, the parties must come to the MFC and register property rights, as well as enter accounting information into the cadastral records.
Attention! In accordance with the procedure, you need to take with you the required documents and funds to pay the state fee (see below about its amount)!
Documents for registration of purchase and sale of a house
List of required papers:
- Documents establishing the right to property;
- Those. passport;
- Extract from the house register;
- Consent of persons who are registered that they must leave the house within the required time frame;
- Confirmation that taxes have been paid and there are no liens;
- Extract from the Unified State Register;
- Cadastral passport for land.
If needed:
- Consent of the spouse, certified by a notary;
- Permission issued by the guardianship and trusteeship authorities.
Analysis of title documents
This is done to establish the legality of ownership, use and disposal of real estate by the owner.
For a quick sale and to facilitate the registration of the transfer of rights to the new owner, the seller must have all the documents confirming that he is the rightful owner. If the house has not been registered with the cadastral chamber or it was built without permission, it is worth registering. Without these documents, the price of the house will be lower and it will take longer to sell.
A document confirming the right to own a house - a certificate of ownership. It may be missing if the house became the property of the actual owner before the registration system was in place.
Preliminary agreement
It is about making it convenient and rightly so. It reflects all the conditions that suit both parties. The main agreement is concluded based on it.
Drawing up an agreement and transferring money
The contract for the sale and purchase of a house and a plot of land is drawn up in writing and signed by both parties. If you want, you can have it notarized, but this is not at all charming.
It should contain:
- Name of the contract.
- When was concluded and place.
- What is the subject of the contract.
- Identification signs for each alienated object: where it is located, its inventory number, area, data on its registration.
- The amount of the deal. It is indicated both as a whole and for each object separately.
- Additional information, conditions.
It is better to draw up a transfer deed for the property separately, but indicate in the contract that it is this deed and confirms that the property has been transferred.
When the money is transferred, it is advisable that the buyer demands a receipt from the seller stating that he received the money.
When the settlement is completed, the parties will sign an agreement for the acceptance and transfer of property, as well as the corresponding act.
Registration of a house purchase and sale agreement, who draws it up
The transaction will be completed after state registration. To do this you will need the following documents:
- The same as for purchase and sale;
- Purchase and sale agreement signed by the seller and buyer;
- Transfer act.
Registration is subject to a state tax - a state duty, which must be paid . A payment receipt is also attached to the documents submitted to the registration authority.
When the documents are received, a Rosreestr employee will issue a receipt confirming this. Within 10 days, the registration of the house purchase and sale agreement will be completed, and the new owner will receive a certificate.
How much does paperwork cost when buying a house?
Registration is subject to a state fee of 2,000 rubles in the case of the sale of a house with a land plot.
For legal and additional services you need to pay a commission. Some companies prefer an interest rate equal to 0.5-1% of the total cost of the house, as well as the plot.
If the homeowner was looking for buyers himself, then you can contact a law firm, its services cost 5-7 thousand rubles. So consider the cost of paperwork when purchasing a home.
Who should pay the costs
The costs of purchasing a house are paid by the buyer himself. He receives all the documents he needs at his own expense. And the seller spends accordingly on the paperwork required to sell the house. That is, each party in this operation has its own expenses that cannot be avoided, and they are mandatory.
Taxes
When concluding a purchase and sale agreement, individuals make the following payments:
- State duty – 1%;
- Pension insurance fee, which is mandatory, is 1%;
- 0% – when owning real estate for more than 3 years;
- 5% (residents, 15-17% for non-residents) – no sales of other real estate per year and ownership for less than 3 years.
These payments are calculated from the value of the property, which is real estate, which is specified in the contract.
The transaction is also subject to state duty. For citizens it is equal to 6,000 rubles, for legal entities – 66 thousand rubles.
By the way, sometimes it is much more profitable to donate your property instead of selling it. Read: deed of gift for a house or apartment to children, relatives or other people: pros and cons, registration. ⇐ Otherwise, how can you avoid losing your profit!
Nuances
There are certain points that the seller and buyer may not notice:
- A buyer sometimes forgets that once he becomes the full owner of the home, he needs to pay taxes.
- It is imperative to comply with all recommendations regarding documents. Buyers who do not carefully check the seller's property documents may regret it.
- If any participant in the transaction is not confident in legal literacy, it is better to seek the help of a lawyer or there may be bad consequences.
Please keep this in mind, especially for buyers. And it doesn’t matter if you buy a house or an apartment. You can fall into the hands of scammers.
In conclusion, we especially note that buying or selling a house with land is a complex operation that is not always easy to figure out on your own. To draw up a contract, you need to collect the documents necessary to formalize the purchase and sale of a house and discuss the main conditions. When the contract is signed, as well as the deed of transfer of property, the transaction must be registered as expected.
