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.
Law
Legislative acts regulating transactions with real estate and, in particular, land plots are:
- Civil Code of the Russian Federation;
- Land Code of the Russian Federation.
Registration of ownership of an acquired land plot is also subject to the norms of Law No. 122-FZ (valid until 01/01/2020), which regulates the principles of registration of the arisen right to a real estate property. According to its rules, the transaction does not require notarization. But there are a number of cases when it is mandatory:
- when purchasing land from a legal entity;
- in case of shared acquisition of a plot of land, regardless of its permitted use;
- with the participation in the transaction of a child under the age of majority, as well as a citizen declared incompetent.
Rules for drawing up and a sample contract for the sale and purchase of a plot
The conditions for concluding an agreement for the purchase of real estate, including a land plot, are recorded in particular in the current Civil Code of the Russian Federation, Articles 554 and 555, as well as in the Land Code, in Article 37. It also displays the necessary documents, information from which should be transferred correctly.
The main agreement is always drawn up in writing. It is not necessary to resort to notarial assistance, but in case of disputes or to exclude the possibility of their occurrence, legal assistance will still be very useful.
The text of the agreement records the details of all parties (full passport data), a detailed description of the main characteristics of the transaction object (type, category, cadastral number, address, permitted use, area, boundaries, existing communications, presence of buildings, etc.), cost of land, information about making a deposit, payment date and other key conditions.
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.
Required documents
The main document confirming the completion of the transaction is the purchase and sale agreement of the land plot between the seller and the buyer. But the owner must have the following documents before selling:
- seller's identification card;
- a document of title giving the opportunity to sell the plot. This is a land contract, a gift agreement, a certificate of inheritance, etc. It is this that is the basis for registering property rights;
- an extract from the Unified State Register as proof that the site has been registered with Rosreestr;
- boundary and cadastral plans;
- a certificate of absence of land tax debts, which is issued by the Federal Tax Service;
- consent of the spouse if the plot is in joint ownership. The document must be certified by a notary.
The seller must provide the listed documents in originals. The buyer needs to verify all the data specified in them: owner details, cadastral number of the plot, etc. If there are discrepancies, you should refuse the transaction, it is likely that fraudulent activity can be detected here.
When purchasing land from a legal entity, check it on the official website of the Federal Tax Service and request statutory documents.
An extract from the Unified State Register of Real Estate gives a clear idea of the removal of the boundaries of the land plot and confirms that the land surveying process has been completed. Therefore, ask the seller for this document, and to check the boundaries on the ground, you can use the public cadastral map.
Only after making sure that all documents are in order can you begin to draw up and sign the purchase and sale agreement.
Suspension and refusal of registration of rights
Often, due to the inattention of both parties to the transaction, Rosreestr refuses to register the buyer’s right to property and recognizes the transaction as canceled or illegal.
The state body may impose certain measures on the registration of purchase and sale in the following cases:
- identifying the fact of inconsistency of information in the provided documents;
- the presence of errors, blots and any unnecessary inscriptions in pencil or pen on papers;
- absence of signatures of the parties to the transaction on the agreement and application;
- non-payment of state duty;
- inability to identify the information necessary for entry in Rosreestr;
- lack of consent of all owners to sell the plot (in cases of shared ownership).
The reasons for suspension or refusal can be very different. It is necessary to have up-to-date information about the rules for selling a plot and be careful at all stages of the transaction.
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 .
How does the deal happen?
In order to make the transaction more secure, it is customary to conclude a preliminary agreement in addition to the main one. It is recommended to take into account the following:
- You must indicate the date when the transaction will be concluded.
- It is determined whether the buyer will provide a guarantee and what its amount should be. In most cases, it is customary to set the payment amount to 5% of the transaction amount.
- As a rule, if the buyer refuses to pay the remaining funds, the guarantee amount remains with the seller. This guarantees the seriousness of the intentions of the parties to the transaction. On the other hand, if the failure of the transaction is the fault of the seller, then the advance payment must be returned to the buyer and, in addition, the same amount must be paid additionally.
Such an agreement must be certified by a notary.
Sample preliminary agreement for the sale of any real estate
Private individuals have the right to make payments both in cash and in non-cash form. A convenient option for conducting them is when the advance payment occurs in the presence of a notary, and the rest of the amount is transferred to the seller’s bank account.
Transfer of money from buyer to seller can occur in the following ways:
- Funds are transferred from one bank account to another.
- The buyer's cash is deposited into the seller's current account.
- Cash is transferred in the presence of a notary.
Sometimes cash payments are made as follows. They place the money in a safe deposit box and sign an agreement with the bank about under what conditions and upon provision of what documents the seller will have access to it.
See also: Catalog of the most popular sites in the Moscow region presented at the “Low-Rise Country” exhibition.
Features of purchasing a plot in SNT
When purchasing a plot of land from a gardening non-profit partnership (SNT), you should know that the owner does not have the appropriate certificate for it, but has the right to dispose of it. In this case, the owner of the plots is SNT. When selling a plot, the previous owner must leave the partnership by submitting an application, and the new owner must enter. If you wish, you can not join it, but then enter into an agreement for the use of resources and pay for them separately within the framework of the agreement.
Purchasing a plot of land in SNT has several features:
- the price is significantly lower than with the permitted use for individual housing construction, since it has agricultural purposes;
- you can build a house on the land in a partnership;
- when SNT is located within a populated area, it is possible to transfer the category of land plot to individual housing construction;
- transferring the land to another category will require a lot of time and money, but without this the house will not be recognized as residential and there will be no opportunity to register there;
- construction, as well as all approvals for the land and house, may become more expensive than with individual housing construction.
Grade
All industrial lands are divided into two groups based on how they will be used:
- Processing.
- Mining.
When purchasing industrial land, it is necessary to take into account all the nuances that may affect subsequent use. Therefore, it is best to use the services of a valuation specialist. Such a specialist evaluates:
- Efficient location of production facilities; this requires design and technical documents for the future production facility.
- Features of the climatic conditions of the area and the relief of the site.
- Location of transport routes from the industrial zone. The main condition for this is a sufficiently large distance from populated areas.
- The area of land, based on the activities that are planned to be carried out in a given territory, taking into account the rules and regulations provided by law in this industry. When estimating the land area, technical documentation of the future industrial facility is also taken into account.
Important! Residential real estate cannot be built on industrial plots.
It is important to take into account that the nearest settlements may grow over time. Thus, it will be necessary to build new workshops and communications in another area
And also change the category of land, for example, to agricultural land.
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.
