Every transaction made with land must be registered with Rosreestr. Therefore, after the parties sign a document for the purchase and sale of a plot of land, papers confirming the fact of transfer of ownership rights must be transferred to this government department. But not every city has it, so citizens of the Russian Federation are given the opportunity to draw up a contract for the sale and purchase of a land plot through the MFC.
Who can draw up an agreement
Citizens can contact a government agency with an already signed agreement and the necessary package of papers. They can be served:
- Parties to the agreement.
- Representatives of the owner of the site under 18 years of age (parents, guardians).
- A person representing the interests of the seller and buyer. You will need to have a notarized power of attorney with you.
Important! When purchasing a plot of land without a house, ownership is registered in the allotment. If there is a residential building on it, then the buyer becomes the owner of the house, and the land will be classified as a local area.
List of documentation
When registering the purchase and sale of a land plot through the MFC, you will need to provide the following papers (if there are no buildings on the land):
- civil passports of participants;
- application to Rosreestr;
- 3 copies of the signed agreement, a sample is presented on the website;
- certificates confirming the right of ownership of the plot;
- cadastral certificate;
- boundary plan;
- an extract from the cadastre confirming the absence of the status of collateral or encumbrance;
- information from the Unified State Register of Real Estate;
- an extract from the cadastre confirming the absence of buildings on the land.
If the purchase and sale of a summer house or other residential building is registered through the MFC, then you will need to add to the above package of papers:
- information from the Unified State Register of Real Estate;
- certificates confirming ownership of the building;
- cadastral passport for real estate;
- an extract from the BTI with the inventory value of the house;
- technical plan of the facility.
Additional list for the seller
In addition to the indicated list, a citizen who decides to sell an allotment will need to provide:
- written permission from the husband (wife) to sell property if it was acquired during the years of marriage;
- if the object was in shared ownership, then permission from all shareholders is required;
- If the papers are transferred by an authorized person, then he must have a power of attorney.
Documents for ownership of real estate:
- contract for the purchase of a plot or building;
- a certificate confirming the fact of inheritance of the object;
- deed of purchase for the purchase of real estate from the municipality;
- an act indicating the privatization procedure was carried out;
- permitting certificates for the construction of a residential building;
- the act of putting a house into use.
Note! All documentation submitted to the Center must be notarized. The presented list is fundamental and can be supplemented by other evidence depending on the current situation.
If a plot of land is purchased from a minor or from several owners, the agreement must be certified by a notary. In other situations, assurance is voluntary.
What documents need to be prepared
Since the purchase of any type of real estate is a legally significant action, in order to correctly formalize the fact of transfer of ownership, it will be necessary for both parties interested in the transaction to prepare documents that, after a thorough check, can be attached as evidence of the legality of concluding a purchase and sale agreement.
Each party to the contract will have its own package of documents, which will need to be fully checked in order to prevent possible fraudulent activities.
The list of documents for both parties to the contract is divided into two parts: mandatory and additional.
Mandatory documents are the same for both the buyer and the seller. These include:
- Documents used to confirm the identity of the participating parties (and if the owner is a legal entity, documents will be required that confirm the legal status of the person entrusted with signing the agreement);
- Documents confirming the rights of the parties to participate in the transaction and the transfer of ownership of the land plot (here we consider not only a power of attorney to represent interests if the party could not be present in person, but also permission from the guardianship and trusteeship authorities to carry out the transaction in the interests of minor participants of the signed agreements. In addition, such documents will also include information that confirms the legal registration of the right to carry out the transaction. In the case of the seller, this will be a document confirming the transfer of ownership of the plot being sold to his address).
As for additional lists, each party to the transaction will have to draw it up independently, since they will differ significantly.
Thus, for the seller, in addition to documents confirming the right to full disposal of a specific land plot, the task of providing all the necessary documents for a specific plot and all buildings on it is determined.
Such documents will include:
- Documents confirming the possibility of carrying out construction in its individual housing form in relation to a specific plot (since you can build your own housing either only on plots intended for individual housing construction, or on plots that belong to the category of settlement lands. On the rest, regardless of , they relate to agriculture or are intended for dacha construction, this cannot be done);
- A certificate of ownership of a specific plot, as well as those documents that must be attached to it as evidence of the legality of its receipt (for example, a purchase and sale agreement with the previous owner or a notarized copy of a will that has entered into legal force specifically in relation to the current owner );
- Technical passport for the site itself, as well as for those buildings that are located on it (if they are of a capital nature and such documents are issued for them);
- Cadastral passport for the plot, which will record not only the cadastral number, but also the full boundaries of the plot, as well as information about what other plots it borders on);
- A certificate or other document that can confirm the absence of arrests or any other encumbrances on the implementation of legally significant actions in relation to a specific plot, as well as possible tax and other debts.
As for the buyer, he will need to prepare his own package of documents confirming his ability to carry out the transaction on his part.
It will include:
- An application addressed to the owner of the land plot to conclude a purchase and sale agreement for a specific plot;
- Consent (notarized) to carry out the transaction of all persons interested in it, as well as those persons whose interests may suffer (for example, in the event of a temporary deterioration in financial situation due to a large investment of funds);
- Documents confirming the buyer's solvency (applied if the land is purchased using maternity capital or borrowed funds, for example, a corresponding letter from the Pension Fund or a notarized copy of a bank agreement).
In the event that the acquisition of a plot is carried out from the state, the buyer, in accordance with current legislation, will also have to prepare cadastral documents for this plot, according to which it will be assigned a cadastral number.
Once all documents are prepared, both parties can check them.
The verification procedure takes a lot of time, and its results can affect the outcome of a possible agreement.
Making a deal
How to register the sale of a land plot through the MFC? After signing the bill of sale, both parties to the agreement must go to the nearest Center and obtain a coupon for the electronic queue at the registrar counter. You can also make an appointment in advance by calling a government agency.
Along with the package of documentation, the specialist will need to submit an application for registration of property rights. The form is presented on the website. You can fill it out at home yourself or when visiting the Center. You will also need to pay a government fee for the registration procedure at the terminal. Its size is:
- for citizens – 2 thousand rubles;
- for organizations – 22 thousand rubles;
- if an agricultural plot or shared plot is purchased, the fee will be 350 rubles.
Note! If the transaction was certified by a notary, then the state fee is not paid.
Verification procedure
After the number from the electronic coupon is announced, the parties to the contract should go to the window whose number was announced and transfer all the necessary documentation to the specialist. The entire submitted package of papers is checked by an employee:
- the application will be accepted first;
- further, the Center employee must verify the legal capacity of the parties to the agreement;
- all documentation submitted by applicants and the receipt for payment of the fee are checked;
- the employee must verify all submitted copies with the original papers;
- at the next stage, the parties to the transaction receive a receipt for the transfer of documentation, and they are assigned the day and time of the next visit to receive registered contracts.
Important! If necessary, the Center can make the necessary copies free of charge.
The receipt must include the following information:
- Full name of the parties to the deed;
- list of accepted documents;
- date and time of the next visit.
Next, the papers will be registered at the Center and transferred to Rosreestr for further verification and registration.
Receiving a bill of sale
The procedure for registering the purchase of a land plot through the MFC is completed by a return visit of the parties to the transaction. You will need to have a civil passport and a receipt with you. After presenting the documents, the Center specialist will provide an extract from the Unified State Register and a registered agreement.
Risks when purchasing a plot for individual housing construction
Understanding how to buy a plot of land correctly is helped not only by knowing the step-by-step instructions, but also by taking into account possible risks when making a transaction. Haste in purchasing real estate can cause significant problems with the registration and operation of the property. In this regard, it is worth highlighting several relevant risk categories:
- Seller dishonesty . In practice, it is not uncommon when, in order to speed up the conclusion of a transaction, the seller does not notify the buyer about important features. For example, the land has encumbrances in the form of collateral or belongs to the forest fund, which makes the procedure for transferring property simply impossible. Sometimes the seller falsifies data regarding the category of the plot. Thus, agricultural plots are not suitable for hassle-free individual housing construction, so in the case of an erroneous purchase, the buyer will have to independently deal with the issue of transferring the property to another category.
It is possible to transfer the category of land from one to another, but not always
- Careless paperwork . It happens that the contents of the contract do not coincide with the information in the cadastral passport or civil passport. Often, when drawing up an agreement, an important point concerning the interests of third parties entitled to land is missed. If everything is already clear with permission from your spouse, then for minors it is worth clarifying separately. If the child has property rights to the plot, then the content of the agreement must necessarily indicate the consent of legal representatives or employees of the guardianship and trusteeship authorities.
- Inattention . The human factor operates in all areas, so getting rid of it is quite problematic. To avoid this group of risks, it is recommended to involve trusted persons as observers. This could be a family member or close relative. They may notice some error that the participants in the process did not pay attention to.