What to look for when buying a plot of land

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Published: 12/18/2016

Reading time: 11 min

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Buying a plot of land involves a significant financial investment, so it is important to foresee all possible problems associated with such a purchase and prevent them .

It is necessary to pay attention to various legal details so as not to subsequently incur large losses. Much depends on the purpose for which the land is acquired.

Features of purchasing plots of various categories of land
Buying land for a house – what to check
Purchasing land for farming
Land for industry - purchase features
Possible risks and pitfalls

Geometry of the site

The most successful option is with smooth borders, square or rectangular, with an aspect ratio of approximately one to two. It’s good if the area of the site is quite large. Otherwise, neighbors will be too close to each other. Of course, ideal sites are not that common. But knowing these criteria will help you assess what you are willing to sacrifice and what you are never willing to sacrifice.

It will be nice if the area is flat, without holes, hummocks, or old trees. All this can be fixed, but will require additional costs.

Please note whether land surveying has been completed and whether the boundaries of the site have been clarified. This may not be the case if it was formed before 2000. To clarify the issue, find the site on the public map of Rosreestr by cadastral number. Actually, the very presence of such a number is a good sign. It’s even better if the boundaries of the territory are indicated on the map. Otherwise, ask the owner to carry out land surveying.

Video description

In the video about what to do if the seller has not fulfilled the terms of the preliminary agreement:

Stage 6. Complete the transaction in Rosreestr

The sequence of actions at the final stage is as follows:

It is necessary to arrange a meeting with the other participant in the contractual relationship at the nearest branch of the Multifunctional Center.
Receive a coupon for submitting papers to register property rights.
Deposit the amount to pay the state fee for completing registration actions.
In the presence of an authorized department official, sign the documents and transfer the agreed amount to the seller.

After this, the transaction is considered completed. After 14 days, all that remains is to receive a duly registered contract from the same branch of the MFC.

Purpose of the land

Plots have different purposes, and you cannot do whatever you want with them. So it is important that the area suits your goals. For example, if you decide to build a house and live there all year round, the following plot will suit you:

For individual housing construction on the lands of settlements (IHC). On such a site, it is possible, according to the Land Code of the Russian Federation, to erect capital structures and register them with temporary or permanent registration. This is the most obvious choice for your purposes.
For running personal subsidiary plots (LPH) on the lands of populated areas. In general, such plots are intended for growing crops and breeding animals, but the addition of residential buildings to them is permitted by the Federal Law “On Personal Farming” dated July 7, 2003 No. 112-FZ, Article 4. Registration will also be fine. But if this is a private household plot on agricultural land, then construction here is prohibited by the Land Code of the Russian Federation, Article 79.

In some cases, Federal Law No. 217-FZ of July 29, 2017 allows capital structures on the lands of horticultural non-profit partnerships. But only if the site is located within the boundaries of the territory in relation to which the town planning regulations apply. In this case, the parameters of the site must correspond to the parameters of the individual housing construction object.

There are many rules, and in any incomprehensible situation it is better to consult with a lawyer, so that later you do not have to seek a construction permit through the court and do not be sad about wasted money.

You can find out the purpose of the site on the same public map of Rosreestr by cadastral number.

Checking documents before purchasing

To the ground

Having met the owner, you need to ask him to show his passport as confirmation that this is exactly the person he claims to be. It would also be a good idea for the seller to bring with him a certificate of title to the land (if available) and documents describing how the property was obtained.

These include:

land purchase and sale agreement;
gift agreement;
certificate of receipt of property by inheritance, etc.

Note! Before purchasing a plot of land, you need to make sure that it is registered. The owner must have a cadastral passport for the property.

Sample cadastral passport for an object:

There is a public cadastral map website where you can find out information:

about the coordinates of the site;
his address;
squares;
form of ownership;
cadastral value, etc.

For more detailed information, you can order an extract from the Unified State Register on the same resource. This is where information about property rights holders is now recorded. It will also be indicated whether the plot has been seized and whether there are any other encumbrances. In the first case, it will simply be impossible to complete a legal transaction. In the second case, you need to carefully study the encumbrances and decide whether they will interfere with the implementation of the buyer's plans.

Sometimes the seller describes the property's boundaries incorrectly. It is important to study the documents to ensure that there are no lawsuits with neighbors on this issue.

If, based on the owner’s words, the size and shape of the plot are not the same as they are actually registered, it is recommended to call a surveyor. You will have to pay for the measurement procedure, but thanks to it you can get objective information about the territory of the site, regardless of what the neighbors say and how the fence is erected.

Be sure to ask the seller for a certificate from the tax office confirming the absence of debts. Otherwise, you may need to pay other people's debts.

And one more point that concerns the purchase of seemingly empty land. It may turn out that the buildings were there before, and the documents reflect this. And underground there may be water supply and other communications. All these things should be paid attention to before purchasing a plot, even if outwardly it seemed suitable to the buyer.

For house and buildings

When purchasing a plot with a house, you must ask the seller not only all of the above documents, but also those related to residential and non-residential buildings. The coordinates of the house in relation to the land plot, the floor plan of the house, what materials it is made of and other information are described in the technical plan. Since 2013, this document must be available for cadastral registration.

The boundaries of buildings on the plan must coincide with the boundaries of buildings in reality. If gas, water, electricity, etc. are supplied to the house, you should make sure that the connection is made and executed correctly.

If, for example, a connection to a city sewer was made illegally, the buyer faces a fine. Again, utility bills must be paid before the property is alienated, which must be documented.

More than one person may be registered in residential buildings, so the package of documents must include the written consent of all owners for the sale, certified by a notary.

More information about the specifics of the procedure for obtaining a loan for the purchase of a land plot with or without a house can be found here, and more details about what documents are needed for the purchase and sale of a land plot with a house can be read in this material.

Allotment for individual housing construction

Important! Housing can only be built on a plot that belongs to the category of land allocated for settlement. Therefore, the first thing to do is to carefully study the extract from the Unified State Register and determine whether capital construction is permissible here.

Sample extract from the Unified State Register:

It happens that the city administration has its own plans for the nearby territory. The Department of Architecture and Urban Planning can advise on what structures and enterprises will be built nearby. also worth finding out whether there are any prohibitions on the construction of any buildings , in particular, the permissible number of floors of a dwelling.

If the necessary communications for a comfortable life are already connected to the site, you only need to check whether this was done in a legal way. A visual inspection of the territory for the presence of power lines and gas pipelines will allow a preliminary assessment of construction prospects. However, this does not guarantee that communications can be connected. Be sure to request documentation and find out all the details: what will be the power transmission capacity? Is it possible to crash into a pipeline?

Environment

When looking at the public map, feel free to see what lands are around you. Even if there are no buildings there now, their purpose may hint at possible problems. For example, if you have a territory nearby that is intended for industry, then an unpleasant plant may grow there.

For a better understanding, you can refer to the general plan. It is usually available on the municipality's website and tells how the area will be developed. Perhaps a school, a clinic and a playground will appear nearby. It could also be a noisy road or a monstrous high-rise building. It is better to know about all this in advance.

Possible problems and ways to solve them

If we do not take into account fraudulent schemes, the most common problems include errors and omissions in the preparation of documents. The procedure for registering land plots is somewhat more complicated than apartments. There are many nuances that can subsequently cause a lot of problems for the new owner. The main ones:

The real parameters of the land (area, description, location, etc.) do not correspond to the data specified in official documents.
Discrepancies may arise either through the fault of the seller or through the negligence of the registering authority. During the purchasing process, all information about the site should be properly verified.
Executing a transaction without the consent of persons who have their rights to it. This could be one of the spouses, a minor child, persons in the army or in prison, incapacitated citizens, etc.

Transport accessibility

Even if you plan to lead a hermit life, sometimes you will need to leave the site. That’s why it’s important to understand whether you can do it. So pay attention to whether there are roads and what they are like. Asphalt is better than dirt, because the latter can be washed away.

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Find out if the trails are cleaned and who is responsible for them. For example, if these are lands inhabited by Federal Law dated October 6, 2003 N 131‑FZ (as amended on May 23, 2020) “On the general principles of organizing local self-government in the Russian Federation” clauses (according to the permitted type of use, and not according to your assumptions), then roads are managed by the local municipality. If agricultural, then you will have to make do on your own.

It is important to know how things are with public transport.

Even if you have a car, it's a good idea to have alternative ways to get around. Another important criterion is the throughput of the route. Being stuck in traffic jams is no fun, so a busy destination may make you change your mind.

Communications

When purchasing an apartment, you receive a connection to water supply, sewerage, electricity and (if provided) wholesale gas supply. When purchasing a plot, everything is not so clear. Definitely, the ability to connect to utility networks adds points to the chosen option.

But at the same time you need to pay attention to the distance to the required node. Still, there is a difference - to pull 10 meters of pipe from the main or 300. Some options have alternatives. For example, central sewerage is extremely convenient, but there are septic tanks. You need to take all this into account and calculate additional expenses before you buy a plot.

It is better to find out the details in the organizations that are responsible for the networks. They will tell you not only about the distance to connection points, but also about the availability of free capacity. If they are not there, then the nearby pipe is of no use to you.

Features of land for individual housing construction

On individual housing construction lands you can build your own house, which should not be more than three floors . Only one family can officially register in it. A plot for individual housing construction, like any form of ownership, has its pros and cons.

Advantages:

The owner of the plot becomes its full owner and does not depend on gardening partnerships.
Land of this type involves the construction of a private house or cottage, and accordingly have the highest profitability on the real estate market.
The state is trying to support private low-rise construction, so after purchasing a plot, you can take advantage of one of the existing assistance programs.
Individual housing construction presupposes the presence of roads and various communications, the condition and performance of which is monitored by the state.
After purchasing a plot, its new owner has the right to count on a tax deduction.
A plot of land for individual housing construction is a reliable asset, so most banks allow it to be used as collateral when applying for a loan.

Flaws:

The size of the plot cannot be less than or exceed the norms established by law.
Individual housing construction is subject to the highest tax (read about how to pay land tax for individual housing construction, as well as the specifics of its calculation here).
Development of the land must be carried out within three years after purchase, otherwise it may be seized from its owner.
If a house on the site is not built within 10 years, the land tax will increase exactly twice.

Read in detail about the standards for developing individual housing construction sites here, and from this article you will learn about what determines the size of the plot allocated for individual housing construction.

Ground water level

The soil layer saturated with water can lie at different depths. And when buying a plot, it is important to understand which one. If the groundwater rises high, it will be very difficult to build a basement or cellar. They will be flooded at least in the spring during floods. And a regular foundation is not always suitable - it is often replaced with a pile foundation. This is also bad for plantings: waterlogging can be no less destructive than drought.

At the same time, if the artesian groundwater layer is very deep, then drilling a well to it will be difficult and expensive. And this is important if there is no other source of drinking water on the site.

The easiest way to find out how things are going with groundwater is to ask your neighbors.

If their basements flood every year, this speaks volumes about the state of affairs. Also ask how deep your neighbors' wells are. Playing the role of a young naturalist will also help: moisture-loving plants will indicate a high water level. For example, if willow and cattails grow on the border of the site, this does not mean anything good.

Another way to help clarify the situation while the site does not belong to you is to work with archives. You should contact an organization that deals with hydrogeology in your region. Or ask companies offering well drilling services. Usually they know everything and can share information with you for money.

Risks

If the owner is an elderly person and his behavior raises suspicions, it is advisable to obtain a certificate stating that he is not registered with a psycho-neurological dispensary. It is impossible to enter into a legal transaction with an insane person. His relatives can prove in court that the buyer does not have the right to settle on the plot, which he considers his own. It is unlikely that the money paid will be returned in full.
It is unsafe to purchase any real estate from minors.
Without the written permission of the guardians, they have no right to enter into such transactions. If his parents act on behalf of a minor citizen, there is no guarantee that the process of purchasing property will go smoothly. The guardianship authorities may intervene with a statement that the transaction is not in the interests of the child, thereby violating his rights.
If you do not clarify the administration's plans for the nearby territory before purchasing, you may receive an unpleasant surprise in the form of news that the purchased house is subject to demolition. In return, of course, they will provide other housing, but the area and living conditions may turn out to be unsatisfactory.