List of documents for the sale of a summer house with a plot of land in a gardening partnership

Buying a plot of land is a serious event that requires significant financial investments. We recommend that you carry out simple checks to insure your finances and protect yourself from possible problems with the use of land and home. These actions are free or so cheap that they are not even close to the cost of the site.

Checking the site before purchasing

The article will not write about inspections related to property, only from the point of view of the cadastre. For convenience, a checklist of checks with a price has been compiled.

Buying a gardening cottage: legal aspects

SNT is created by private individuals, land owners. But the partnership also disposes of land that is in common use, this should be taken into account.

A country house with land is sold, guided by the articles of the Land Code of the Russian Federation. For this:

• make an assessment of ownership (invite a special commission);
• put in order the papers certifying the right to use and sell real estate and land.

If a buyer is found, it makes sense to learn about how to sell a garden plot quickly and how to do it without breaking the law. Contracting parties:

• they conclude a preliminary contract (this allows the seller to feel more confident, and the buyer not to worry that the plot he likes will be bought by someone else);
• sign the main policy agreement;
• make a calculation;
• register the right of the new owner;
• pay personal income tax.

It is better to have the fact of purchase and sale certified by a notary. The notary's signature on the document is optional, but will help avoid deception and fraud. It is also better to transfer money in the presence of a notary.

It is better to sign the contract at a notary

What are the possible pitfalls and tricks of scammers?

The share of fraudulent transactions in the real estate market is small and not every transaction contains pitfalls, but despite this, no one is immune from trouble.

Before parting with money when buying a house and land, you should pay special attention to the legality and be wary if:

1. the seller does not show the entire (not complete) package of documents;
2. the seller urgently gets rid of the property and prefers to hide the reason for the rush;
3. everything is too ideal, advantageous or feigned;
4. The property has a greatly reduced cost compared to other offers on the market.

When buying a country house, you must separate the documents for the house and the papers certifying ownership of the land underneath it. If you are provided with only one of the documents, or the data in both does not match, then problems may arise later.

For example, having ownership of land and not having ownership of a building makes it illegal. Subsequently, you will not be able to transfer this property to yourself or sell it.

What you should know when buying a plot of land in SNT

When purchasing a dacha and the land assigned to it, they check the documents and apply for a certificate from the administration of the village or city. The latter is necessary to confirm that the property is cleared of the people previously registered in it. If other citizens are registered in the purchased housing, then the new owner will have to go through the unpleasant procedure of deregistering unwanted residents. However, such a discharge is not always possible (it will not be possible to discharge minors from their only place of residence). When purchasing a plot of land, you should also pay attention to:

1. I put on my uniform. It is not always possible to build a house or other buildings on non-standard plots of land. The reason is a violation of fire safety standards. Between the edge of the site and the building there should be from 1 to 5 meters.
2. Terrain. A plot located on a gentle slope may flood in the spring.
3. Communications. Before purchasing, you should make sure that there is a water supply or well on the site, that the house is provided with energy, and that there is a possibility of connecting to gas.

The more complex the communications system, the more expensive the house will be
. Having learned the exact address of the site, they turn to local authorities. This will help to study its history. A person interested in a plot of land should find out whether it has been seized, whether the land is under collateral, or whether it is encumbered. When contacting electricity and water supply services, they will find out about the presence or absence of debts. In addition, you should check:

• whether mandatory payments have been made to SNT;
• can the state buy a plot for municipal needs (information is obtained from the regional court and territorial administration, but exclusively to the land owner);
• whether the plot is registered in the Land Cadastre.

You should ask your dacha neighbors about the area you like.

Before final payment

Before paying the seller, they review the documents again and negotiate the final terms of the transaction agreement. With the help of this document, the rights of the new owner are established. It must be read carefully, studied together with a lawyer and signed only after all controversial issues have been resolved. There is no point in hoping that the seller will pay the utility companies, as agreed with the buyer before transferring the money to him.

Has the land plot been surveyed (have boundaries been established)?

If land surveying is not carried out and the boundaries of the site are not established in accordance with current legislation, this may lead to further problems for the buyer of the dacha.

Therefore, it is very important to check the legal status of the boundaries of the dacha plot.

What to do to test your boundaries:

1. Check the site on the public cadastral map.
2. Order an extract from the Unified State Register of Real Estate.

If the boundaries of the dacha plot are in order, the information looks like this::

On the public cadastral map:

In the extract from the Unified State Register:

If land surveying is not carried out, information about the land plot looks like this:

On a public cadastral map (without border coordinates):

In the extract from the Unified State Register (the boundary of the land plot is not established in accordance with the requirements of land legislation)

:

Advice : If there are problems with the boundaries, it is better not to take such a plot. Or at least consult with a lawyer before purchasing. The fact is that there is no prohibition in the law on the purchase of an unmapped plot. And such a transaction will still be registered. But then problems with neighbors may arise.

What documents should you have for your dacha?

Let's talk about what documents are needed when selling a summer house with a plot of land in SNT. The main document is issued by the Federal State Registration Service for Cadastre and Cartography (registration certificate). The document contains:

• information about issuance (by whom, when, where);
• information about when and on what grounds the current owner of the plot became its owner;
• Full name, passport number, registration of the owner;
• information about the category of the owner of the property right (the seller can own the plot solely or on the basis of equity participation);
• information about the status of the site (category, type of use, area, postal address);
• registration number indicated in the Cadastre;
• information about restrictions on the right of use and ownership, if any.

The document is signed by the registrar personally, with his full name, signature and seal affixed. The document is assigned a serial number. On the reverse side of the certificate, additional owners, if any, are listed.

Certificate of state registration of the site

What documents should the seller and buyer prepare?

If the seller has prepared all the documents correctly, then a preliminary agreement is concluded between him and the buyer. The buyer transfers 10% of the cost of the plot to the seller. The preliminary agreement is the main document confirming the existence of an agreement between the parties.

After reconciling all the papers, the main DCP is signed. To sign it you need:

• registration certificate for land and land (two different documents);
• identification documents of the parties;

The contract states that full payment has been made between the seller and the buyer, i.e. payment has been made and the seller has no complaints regarding this issue. If there is no such mark in the document, the Registration Chamber will not accept it for registration and the contract will have to be redone. The buyer who has confirmed the purchase and sale must submit for registration:

• purchase and sale agreement;
• registration certificate;
• cadastral passport (it can be ordered within 2-3 weeks at the Registration Chamber);
• passport, including a photocopy of the seller’s passport;
• deed of transfer of property.

The passport remains the main document, as it confirms identity.
For the transfer of papers, you will have to pay a state fee by attaching the corresponding receipt to the general package of documents. After completing all legal procedures, the new owner can apply to SNT with a request to accept him into the Partnership.

Necessary documents to be provided by the seller

The seller must have the following documents that are necessary to complete the transaction:

1. A document certifying his ownership of a house

, and on the ground (two different documents!). It is important to remember that as of July 15, 2021, title registration certificates have been cancelled. Currently, confirmation of registered rights to real estate is an extract from the Unified State Register of Real Estate. It’s easy to order, including using numerous electronic services. To order, you just need to know the cadastral number of the property.

Note! Since the extract contains a wide range of information, it can be used to find out not only the owner, but also the exact area, the presence of registered encumbrances (easement, lease, presence of red lines, arrest, etc.), the date of assignment of the cadastral number, category of land and types of permitted use, coordinates in the X and Y axes, which will clearly confirm the fact of the land survey.

2. Documents based on which the seller himself became the owner of his property

. They may be different. To find out about them, the buyer just needs to study the extract from the Unified State Register of Real Estate. It will necessarily indicate on the basis of which documents the seller acquired the house and land. And the originals of these documents must be requested.

3. Technical plan for non-capital construction projects

, built after January 1, 2021

4. Technical passport and commissioning certificate

for capital construction projects built after March 1, 2018

5. Surveying a land plot

. But it may turn out that the survey was carried out by the previous owner and did not transfer the survey work to the next owner, who will already sell the property to you. The very fact that the current owner does not have land surveying in his hands should not frighten you. The main thing is that the plot is registered in the cadastral register, and the extract from the Unified State Register reflects its coordinates in the X and Y axes.

6. If the house being sold has residential status

, then the owner must provide an extract from the house register indicating that there were no persons registered in the house at the time of the transaction. If you are buying a house with registered persons (for example, they have nowhere to register until they buy new housing with the money received from you), then, firstly, an accurate list of all registered persons must be indicated in the purchase and sale agreement, and -secondly, the same agreement must contain the seller’s obligation to remove all his relatives from registration within a strictly defined period. But it is still unsafe to make transactions under such conditions. Because if the seller fails to fulfill his obligation, you will be forced to register his relatives in court.

7. Certificate of no debt

for all utilities and, if the property is located on the territory of dacha or gardening partnerships, then also a certificate confirming the absence of debts on contributions to these partnerships. Of course, by law, new owners do not have to pay off the debts of previous owners. But in practice, resource supply enterprises very often begin to make demands for payment of old debts from new owners.

8. If the house and land you are buying are registered in the name of only one spouse-seller

, but relate to the joint property of the spouses (i.e. acquired during the marriage and were not received by either spouse under a gratuitous transaction (donation, inheritance, privatization, etc.)), then the second spouse must have a certified the notary's consent to the transaction. Without this consent, Rosreestr will most likely refuse to register the transaction. And even if his specialists overlook this point, then subsequently the second spouse has the right to challenge the entire deal in court. And the court, quite rightly, will completely cancel it.

9. If the owner of the house and plot (or share in it) is a minor child

, then the seller must also obtain consent for this transaction from the guardianship and trusteeship authorities.

10. Passport

. The original passport will be required at the time of the transaction in Rosreestr. But you must also make sure in advance that this is the owner and not an impostor. Therefore, if you sign a preliminary purchase and sale agreement with the seller with the transfer of a deposit or an advance agreement, be sure to request a passport from the seller in advance. Under no circumstances should you sign documents with an unidentified person!

11. If the interests of the seller are represented by another person

, then he must also have a duly executed general power of attorney and a passport.

Please note that transactions under a general power of attorney are at increased risk. It may turn out that the representative did not agree on the price with the owner, and he will subsequently demand that the transaction be cancelled. And it’s even worse when the power of attorney was issued by an elderly person who did not understand at all that he was giving such a serious document to another person. Then you came across black realtors. Therefore, the issue of a power of attorney must be treated especially carefully and understand why the owner did not want to personally take part in the execution of the transaction.

How can you sell a plot using a garden book?

Some owners, when meeting with a potential buyer, offer to give him a garden book instead of a certificate of ownership of the house and land. It is impossible to conclude a purchase and sale agreement on the basis of a garden book, since this document has no legal force. If the owner offers a garden book instead of a registration paper, it means that he is not the owner of the land and the house. Perhaps the seller is a fraudster or does not know about all the intricacies of the sale.

Based on the garden book, the right to use the land is transferred to the new owner. But the previous owner owns the land. And in this capacity the person who gave the garden book to the buyer is far from acting. Most likely, the plot belongs to the municipality. Neither the chairman of SNT nor the members of the board have the right to sell. To do this, state registration is required.

A garden book only implies the right to use the land, but not full ownership

To transfer the right to use the plot in this case, there is no need to conclude a purchase and sale agreement, since it will not be considered valid anyway. To ensure that the new user does not have any claims from the Partnership, it is enough to write two statements addressed to SNT. The first is written by the previous owner of the plot, notifying in it of his desire to leave SNT. The second is the new owner who wants to join the Partnership.

Purchasing an allotment using a garden book allows you to:

• save significantly (non-privatized plots are several times cheaper);
• do it yourself without resorting to the help of a notary (the transaction does not need to be certified);
• obtain rights to the site as soon as possible.

If the members of the Partnership are not against transferring the plot to a new user, then a new garden book is drawn up in his name, after which he can use the land for its intended purpose. The obvious disadvantages of purchasing a non-privatized plot include:

• the risk of being deceived (no one controls the money transfer transaction);
• lack of documents for the plot (during subsequent privatization, if it becomes available, it will not be easy to restore the papers lost decades ago).

The lack of documents for the plot creates many problems for the new “owner”

We check the country house and outbuildings

The following can be placed on a garden plot of land

1. garden house,
2. House,
3. Outbuildings,
4. Garage.

Only outbuildings that are not real estate can be located on a garden plot of land

Procedure:

• The first thing you need to check is whether the buildings are registered in the cadastral register and whether their ownership is registered. To do this, you need to order an extract from the Unified State Register.
• Check the seller’s documents for the buildings with the data from the extract from the Unified State Register of Real Estate.
• Carefully look at the site on the public cadastral map. It often happens that houses and buildings are reflected there.
• It so happens that most country houses are not registered with Rosreest by their previous owners. And the new owner will have to do this sooner or later. But this also has its big advantage. For example, on this basis (lack of registration of buildings), you can try to reduce the cost of the entire purchase and sale agreement as a whole.

If you have any questions, you can always ask a real estate lawyer.

Sale of land with a house

When buying and selling a house in SNT, you need to know what documents are needed to sell a summer cottage along with the building. Thus, the owner is obliged to provide the buyer, in addition to a certificate of land ownership, also:

• building acceptance certificate;
• extract from the Cadastre;
• technical documentation;
• house book.

The preliminary contract indicates that the land is transferred to the new owner along with the building. This will help avoid situations where after some time a person appears with documents to own the house.

Membership in SNT

After the money has been transferred to the seller and the new owner has actually taken ownership of the plot, he needs to establish relations with the Partnership. The buyer submits an application to SNT, expressing his desire to become its member, as mentioned above.

Membership in SNT means that the new owner undertakes to pay membership fees and bear expenses associated with maintaining the common property of the Partnership. After being accepted into the SNT, the owner or user of the plot is issued a membership book.

What's the result?

So, it is possible to buy land and a house in SNT, but before the transaction you need to find out what documents are needed to buy a summer house with a plot of land in SNT, how to sell a summer house plot quickly, how to behave with the seller, where to go after making a purchase. See all this above.

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3. Can a residential building be built on the site?

Check price: free.

Empty land plots are purchased for housing construction. However, according to the law, residential buildings can only be built on lands with types of permitted use (AUR):

• Individual housing construction - For individual housing construction
• Private household plot - For running personal subsidiary plots (household plot of land)
• Gardening. But you cannot build a house on a plot with the “Gardening” VRI

The type of permitted use can be clarified on the cadastral map. Please note that the current VRI must be looked at in the “according to document” field.

VRI on the Rosreestr map