The decision to purchase a plot of land is often made for its subsequent use as a summer cottage, planting a vegetable garden, or for building a private house. There are quite a lot of advertisements for sale, you can choose the location and reasonable price. But it makes no sense to overpay intermediaries if you find a plot directly from the owner.
It is important in the matter of purchasing a land plot to check the title documents from the owner, as well as the correct execution of the transaction. The boundaries of the site must be clearly defined by law to avoid any problems with neighbors or the municipality. Land acquired by citizens through squatting cannot be officially registered and registered in the cadastral register.
The seller can be not only the owner of the plot, but also a realtor or other authorized person. In the first case, it is necessary to check the availability of a license to carry out activities, in the second - a notarized power of attorney. It is mandatory to indicate in the power of attorney the right to represent the interests of the owner when selling this particular plot of land.
Legal status of the transaction
Any house, other buildings and the land on which they are located cannot be separated from each other . From a legal point of view, this unites these objects when making transactions. Civil legislation establishes the following criteria for the transfer of ownership of home ownership and land:
- If the rights to own a house are transferred to another person under a civil transaction, then the right to own the land plot underneath it must be transferred at the same time.
- If the land and the buildings erected on it belong to one citizen, then the plot must be transferred along with all immovable objects on it.
- Transfer of ownership of land or a house requires state registration in Rosreestr.
The provision on a single legal fate of a plot of land and buildings on it implies the formation of a single agreement for the implementation of these objects. But the presence of different identification signs and characteristics makes the subject of PrEP complex.
Olga Sokolova
Land Lawyer
The sale of land and buildings on it is allowed only if these objects belong to the same owner. The plot and home ownership must be listed in the register of owners in Rosreestr.
There are often cases when citizens, living in a household, do not register land ownership rights. Before selling, this will still have to be done , since all real estate must be registered with the registering authority.
Features of purchasing land for individual housing construction
The advantage of land plots with permitted use for individual housing construction is, first of all, infrastructure. These are territories within populated areas. Accordingly, the purchase of such a plot has its own characteristics:
- be sure to check the presence of a boundary plan to avoid disputes with neighbors regarding the boundaries of the site;
- the ability to connect to communications, which allows you to build a residential building and use the central networks of the settlement;
- after construction, the house can be registered and put into operation, which will make it possible to live in it and register;
- It is first necessary to clarify whether the site is located in an environmental protection zone, which will become a restriction for its use.
How to make a deal
At the legislative level, the following sequence of actions is established when concluding transactions with real estate:
- Searches for another participant in the transaction.
- Coordination of essential and additional clauses of the agreement on the transfer of ownership rights to the land plot along with the house.
- Formation of the draft policy agreement, its signing.
- Transfer of the package of documentation along with the agreement to Rosreestr or MFC for state registration.
- Completion of the transaction - receipt of an extract from Rosreestr confirming the transfer of ownership rights and a registered DCT.
Despite the fact that the land plot passes into the possession of another person simultaneously with all the buildings on it, the text of the agreement will need to indicate detailed characteristics and identification features of each object. The transaction will be registered only if the DCP is drawn up legally and signed by all participants.
The procedure for purchasing a land plot in 2021
Conventionally, the scheme for acquiring a land plot can be divided into several stages:
1. Search for a plot of land from the owner.
Search for advertisements on the Avito website. It is also possible to place an advertisement about your intention to buy a plot, indicating the required parameters. In this case, it is better to immediately indicate that you are interested in a plot sold only by the owner. Then you won't be bothered by intermediaries.
2. Inspection of the site before purchase.
Of course, no one intends to buy a “pig in a poke,” because the ad may indicate something completely different from what actually turns out to be. Call the seller and set up a meeting time. At the same time, ask to bring with you the necessary documents so that you can verify the accuracy of the data specified in the advertisement and in fact.
Measure the area yourself and check the results with the documents. This is necessary in case the certificate was received several years ago, but during this period there was an illegal redistribution of borders with neighbors.
Here you can bargain and try to reduce the price. It is no secret that the seller wants to earn more from the sale and sets the price a little higher in advance. The buyer can discuss the possibility of reducing it on the spot.
3. Checking documents.
Before agreeing to a deal, you need to review the documents and match the data specified in them. Pay attention to the correspondence of the cadastral number in all documents. Be sure to specify the category of land to which this plot belongs.
4. Leave a deposit with the seller.
If the documents are in order and negotiations on the price have taken place, draw up a preliminary agreement, where you indicate the amount of the deposit. This is a kind of guarantee that the seller will not refuse the deal. Otherwise, he will have to return not only the deposit itself, but also the same amount in addition, i.e. double deposit size.
(read how to fill it out correctly here).
5. Conclusion of the final purchase and sale agreement.
Any transaction is documented through an agreement between the parties. The law does not provide for a strict form of the contract, but it is important to ensure that it contains the required details.
(read about correct filling here).
After signing the document by both parties, the required number of copies are transferred for registration to Rosreestr or MFC (one for each party and an additional copy for Rosreestr).
While waiting for your turn, we recommend that you carefully re-read the text of the document, pay the state fee and make a copy of the receipt.
Once you get to the registrar, sign all copies of the contract in his presence and give the money to the seller. In this case, the seller must write in each copy of the document with a pen with blue ink the text about the amount received in full. If the value of the plot under the contract is underestimated (in cases where the land is less than 5 years old), then the remaining funds can be transferred by receipt. In a week, Rosreestr will register the transaction and you will receive a stamped agreement at the MFC.
6. Obtaining an extract from the Unified State Register of Real Estate.
You can make sure that ownership of a plot of land has passed to the new owner by ordering an extract after receiving the agreement with a registration mark. This can be done directly at the MFC or through the electronic services of Rosreestr - you can find out more in this article .
Required Documentation
To sign the DCP, the seller will need to prepare the following package of certificates:
- Papers confirming the seller’s ownership rights to a plot of land and a house (old deed of deed, deed of gift, court decision, will, etc.).
- Cadastral passports for land and home ownership.
- Technical plan for the house from BTI.
- An extract from the Federal Tax Service confirming the absence (presence) of debt to the budget.
- Certificates confirming the absence of debts for utilities.
- Extract from Rosreestr.
- A court certificate confirming the absence of seizure and other restrictions on the objects being sold.
- Consent of the spouse to conclude a transaction, certified by a notary (if the objects are jointly owned).
- If the participant is a minor, permission from the guardianship authorities will be required.
- An extract from the house register with a list of persons registered in the house.
In order for the transaction to be registered in Rosreestr, the documentation package will need to be supplemented with the following papers:
- Statements from participants.
- Civil passports.
- PrEP.
- A check for payment of the state fee.
- A power of attorney certified by a notary, if the interests of the parties are represented by other persons.
After submitting the documentation package to Rosreestr, the transfer of ownership rights will be registered within 10 days. Participants can then receive the registered PrEP and a new statement.
What needs to be checked?
1. In order not to get a headache along with the land, you should carefully read the property documents; this is necessary:
- to find out whether a person is actually the owner;
- in order to know that the plot of land is not under arrest or encumbrance.
To clarify these circumstances, you will need to study the extract from the Unified State Register for the specific plot of interest.
Ordering an extract from the USRN in the form of an electronic document is the most convenient way. We recommend the service on this page, it sends the finished document within from a few minutes to 3 hours. The document has an electronic signature of the registrar (EDS), confirming the accuracy of the information received from an official source. To obtain an extract, you will need to pay a state fee of 250 rubles.
An extract from the Unified State Register of Real Estate, which was recently ordered here.
2. Additionally, request a boundary plan from the owner and check them with an extract from the Unified State Register of Real Estate. Land surveying is necessary in order to accurately know the boundaries of the site and coordinate them with neighbors.
It is important to pay attention to the category of permitted land use.
3. If it is planned to build a residential building on it, it is necessary to have an individual housing construction. It is permissible to build country houses in gardening partnerships.
4. In addition to permission for individual housing construction for the site planned for the construction of a residential building, it is necessary to pay attention to the infrastructure next to it. These are the availability of travel, distance from roads, and the presence of communications near the plot.
If the right to the plot has not been established, it is better to refrain from the transaction, as problems may arise with its registration. This may not only be difficulties with land surveying, but also the presence of encumbrances, outstanding tax debt, etc.
You can entrust the verification of documents to a lawyer, then you can get from him:
- full historical information on the origin of rights and alienation;
- confirmation of the fact of land surveying;
- the presence or absence of encumbrances or restrictions on the land, as well as arrests and claims of third parties;
- Are there any economic activities on the land being sold (waste disposal, resource extraction, etc.)
If you choose this option, please contact our legal consultant.
Registration of DCT
An agreement drawn up in writing will have legal significance. Participants will need to sign 3 copies of agreements, one of which will need to be submitted to the registration authority. The form of the DCT is not established at the legislative level, but its content must include a number of essential and additional points, without which the document will not be the basis for the transfer of ownership rights to real estate.
What points are essential?
In documents providing for the purchase and sale of real estate, essential clauses include those that describe the objects of the transaction and their value. The list of additional conditions is determined by the parties to the transaction independently.
Under the terms of the contract, the buyer simultaneously acquires land and buildings on it . Therefore, in the block where the object of the transaction is indicated, there must be a description and characteristics of each object being sold. The following information about the land plot is indicated in the DCP:
- Address or other data that allows you to identify the site.
- Cadastral number.
- Size of plot, type of use, category of land.
- Grounds for the emergence of ownership rights to the objects being sold with the date of emergence of such rights.
All information specified in the DCP must comply with the title documentation. The sale of a house requires the following information in the agreement:
- Household address.
- Cadastral number.
- Area of the house, number of floors, availability of utilities.
- Type of ownership (joint, shared, individual).
- Date and basis for the appearance of ownership of the house.
In the DCT, the item will be presented with a description of each item being sold separately. The legislation does not prohibit the execution of 2 agreements (separately for a house and a land plot).
Olga Sokolova
Land Lawyer
As for the price of the DCT, it can be indicated as a single price (for house and land) or divided for each object. The latter option is more preferable if funds from maternity capital or a mortgage loan are used for calculations.
In the agreement, the parties to the transaction may provide for the following settlement procedure:
- Before registering the transfer of ownership, the buyer may pay a deposit. After completing this procedure, the remaining funds under the DCT are transferred to the seller.
- Money can be transferred to the seller in full immediately after registration is completed.
- The parties may provide for a phased settlement system, which also provides for the payment of a deposit.
The parties to the agreement determine the calculation method independently. Money can be transferred in cash or transferred to a bank account.
What applies to additional conditions
The list of additional conditions is determined by the parties to the agreement. Often these terms consist of the following information:
- The method and date of transfer of the objects being sold to the buyer.
- The procedure for incurring costs associated with the execution of a transaction.
- List of persons who do not lose the right to reside and use the sold property.
- There are restrictions on the use of a plot of land.
It is up to its participants to decide which additional conditions should be included in the policy. The presence of such conditions will help make the transaction more transparent and reduce the possibility of conflict situations.
Contract for the sale and purchase of a country house with land
A lawyer will help you draw up a contract for the sale and purchase of a dacha with a plot of land. He will take into account the individual characteristics of the transaction and explain all points to the parties.
The standard agreement contains the following clauses (the names of sections and their sequence are preserved):
- Representation of the parties. This clause is untitled in the contract.
Here the seller and buyer declare their roles. Petr Alekseevich Ivanov, born December 12, 1990, passport series and number 1111 222222, hereinafter referred to as “Seller”, and Maria Vasilievna Petrova, born April 30, 1984, passport series and number 2222 333333, hereinafter referred to as “Buyer” enter into an agreement about the following. - Object of the contract . This section describes in detail the property for sale. The exact address of the house is indicated, as well as the cadastral number of the plot. Additional characteristics of the objects are also indicated here. For example, if in addition to the house there is an outbuilding on the site, it must also be indicated in this paragraph. You can even specify the number of garden trees.
- Rights and obligations of the parties . The Civil Code provides that after the sale, the new owner has the right to enjoy all the material benefits of the property. However, it is recommended to stipulate in the contract that the seller transfers the plot along with the house and other property. And the buyer undertakes to accept the property and make payment within the agreed time frame.
- Price . It is recommended to indicate a separate cost for the dacha and the plot. It is not advisable to write a low price, because... in case of termination of the contract, the buyer will not return all the money spent.
- Payment method . The document must indicate how the money will be transferred to the seller. In the case of purchase by installments or credit, these circumstances are also stated in this section. For example. The Buyer undertakes to deposit 500 thousand rubles into the Seller’s account No. 111111111111 within 3 business days after signing the Agreement.
- Date, signature and information about the parties to the transaction.
The simplified purchase and sale agreement does not need to include information about ownership of the land and plot, absence of debts, etc.
At the end, you need to make the “Appendix” item and list the papers on the seller’s side . The agreement itself is drawn up in 3 copies - one for each party and one set for Rosreestr.
Reference! It is also recommended to draw up a transfer and acceptance certificate for the site.
Paying taxes on a transaction
By purchasing real estate, the new owner undertakes to pay taxes on the land and home ownership. The tax amount is calculated based on the cadastral value of the acquired property. If the owner does not agree with it, then he has the right to appeal to the court or a special commission to challenge it.
In certain situations, the seller has obligations to pay income tax:
- If the land and house are acquired before the end of 2021 and are sold less than 3 years after receiving title.
- If real estate objects were acquired after 2021 and the period of their ownership does not exceed 5 years (except for cases where the right of ownership arose as a result of inheritance, donation, privatization, or the conclusion of a life annuity agreement).
- If the transaction value exceeds a million rubles.
In the event of an obligation to pay tax, the seller can issue a property deduction in an amount not exceeding 1 million rubles. The tax is calculated from the amount of income received as a result of the transaction.
That is, the cost of acquiring it from the previous owner and the expenses incurred (if evidence confirming them has been preserved) should be subtracted from the sale price of the house.
The buyer can also take advantage of the property deduction. This right appears after the seller has transferred the entire amount provided for under the contract. The maximum amount with which you can receive a deduction reaches 2 million rubles .
How to terminate a contract before registration
If the agreement is not registered in Rosreestr, it is considered incomplete. When the parties have decided to terminate contractual obligations during this period, it is sufficient to draw up an agreement to waive the provisions of the contract. It will need to be sent to the registration authority before the change of ownership.
When registering a transaction at a notary or real estate agency, the contractual relationship is terminated in the same way (through a notary or agency). If one of the participants refuses to formalize the agreement, it is recommended to go to court.
If the transaction needs to be canceled after registration
Terminating the contractual relationship after registration is completed is much more difficult and will take a lot of time. This is allowed to be done both by mutual will and on the initiative of one participant.
If both parties agree, then it is enough to draw up and sign a “reverse” agreement. In it, the seller will already be the buyer and vice versa. Based on this agreement, a new entry is made in the register of owners, and the right of ownership is returned to the former owner.
If one of the participants does not agree, it is more difficult to break the contractual relationship. The initiator can only hope for judicial protection. Litigation can last from several weeks to several months or years. Initially, differences should be resolved through negotiations. The initiator can send a registered letter to the counterparty with an offer to settle everything without trial. If there is no response within a month, you can begin filing a claim.
Sample and form of DCP for house and land
Citizens can independently issue a DCT or use the services of professionals (notary, lawyer). A properly executed sample agreement should include the following points:
- Name.
- Place and date of signing.
- List of property, the rights to which are transferred to one of the participants.
- Cost of DCT (for home ownership and land).
- Other points.
DCP of a plot with a house
You can use this form as a sample:
DCT form for a land plot with a house (WORD)
DCT form for a land plot with a house (PDF)
DKP of a plot and a dacha (with a garden house)
In case of purchasing land with a garden house, you can use the following agreement form:
DKP of land and dacha (with garden house) (WORD)
DKP of land and dacha (with garden house) (PDF)
DCP of a house with a plot of land using maternity capital funds
Form of DCT for a house with a plot for capital (WORD)
Sample DCT for a house with a plot for capital (WORD)
Papers from the buyer
When purchasing a summer house with a plot of land, the buyer is subject to minimum document requirements. To buy a dacha with a plot of land, one passport is enough.
However, other documents may be required:
Application for a transaction addressed to the chairman of the SNT, if the dacha is part of a gardening partnership.
The application is written after the conclusion of the contract and registration of property rights. Its main purpose is to replace the name of the seller of the dacha with the name of the buyer.Membership in the gardening partnership will be transferred to the new owner, and he will be able to participate in meetings.
- A document confirming solvency if the dacha is purchased on credit/mortgage. It is enough to provide a bank statement or loan agreement.
- Lease contract. If several buyers apply for a dacha at once, priority is given to the one who previously used the property under a lease agreement.
- Notarized consent of the spouse for a buyer who is married.
The requirement to have the latest document is controversial. The obligation to provide spousal consent existed until 2013, when the sales contract had to be registered. However, in 2021 only the transfer of ownership is registered. Corresponding changes were made to the Civil Code.
In 2015, the Ministry of Economic Development issued an order with a list of documents required for the purchase of land. Among them was the consent of the second spouse when purchasing land. However, in the same year, this order was declared illegitimate by the court. Until now, registration authorities can require the written consent of the second spouse.
Note! Even if the purchase and sale agreement is registered in Rosreestr in the husband’s name without the wife’s written and notarized consent, the spouse has the right to half of the property. It is jointly acquired, unless otherwise specified in the marriage contract.
