I can't wrap my head around two things. I am buying a plot of land with an unregistered house on it. Tell me what the difference is, how to do it correctly
.
1. after receiving the land certificate, I submit documents to register the house, through an amnesty by filling out a declaration;
2 . After receiving the certificate for the land, I call an engineer for 15,000 rubles, and get a technician. plan and already with it I submit documents to register the house.
It’s just that flies and cutlets somehow got mixed up, I would like to understand what is required for what?
Target:
1. legitimize the house. 2. register the house for subsequent gas connection.
And a question about the “bad development of events” (a similar court decision was cited above): can this be avoided by including in the purchase and sale agreement the text “sale of the plot, including everything that is on it”).
And also, it seems to me possible a separate agreement, which does not appear anywhere, in which it is stated that Ivanov sells to Petrov a house and a bathhouse located on such and such a plot, with the following characteristics?
The managing partner at the Zagorodny Stil real estate agency, Petr Manko, answers:
In the suburban real estate market, such transactions occur very often. Depending on a number of factors (the price of the dacha; the period of ownership of the plot; information from the chairman and neighbors about the seller; how attractive the option for purchase is) I would consider two main options for carrying out such a transaction.
Instructions: how to buy a dacha with land?
What are the risks when buying a house and land with a mortgage?
- Reserve the property, leaving the seller a deposit (as a measure of security for obligations) with the condition that the seller will register ownership of the house. Registration of a house in SNT is a fairly simple procedure, carried out by a cadastral engineer, takes about a month and costs about 15-20 thousand rubles
. After completing the documents for the house, you will be able to carry out a purchase and sale transaction of the property and buy both the plot and the house using the documents. If this is an inexpensive dacha, then the issue of taxes on the sale of the house will be closed with a tax deduction. - If the property is liquid and interesting, there are no red flags regarding the seller, and there is a chance that others will buy the house, then I recommend buying it as is. But in such a deal there are several nuances that you should pay attention to
.
In particular, it is important to correctly draw up an additional set of documents so that it must indicate that, in addition to the plot, you are also purchasing a house
. And when making calculations, you need to provide that the seller can receive money only after you sign the transfer and acceptance certificate of the object. In such transactions, I recommend contacting realtors in your area who will help you arrange everything correctly.
What's the law?
Formally, both of these options (power of attorney or power of attorney plus a preliminary agreement) do not violate the law, which allows issuing a power of attorney to any person who, instead of the owner, will deal with the registration of a plot or house.
The conclusion of a preliminary agreement is also not prohibited by the Civil Code. As provided in Art. 429 of the Civil Code of the Russian Federation, under a preliminary agreement, the parties undertake to enter into a future agreement on the transfer of property, performance of work or provision of services (main agreement) on the terms stipulated by the preliminary agreement.
But despite this, the buyer may have plenty of problems under such schemes.
Legal lawyers answer:
At first glance, no difficulties can arise, since urban planning legislation does not provide for the need to obtain permits for construction on SNT lands. Registration of a house and giving it the status of a real estate object follows a simplified procedure. A cadastral engineer is called to the land plot, carries out measuring work, after which, based on their results, a document is drawn up - a technical plan
.
On its basis, the object is, as it were, assigned to a certain land
. Next, the technical plan and package of documents are submitted to Rosreestr, and if everything meets the requirements of the law, then you will receive title documents for your home.
What type of real estate it will belong to depends on the characteristics of the building established by the cadastral engineer. A house can be residential, non-residential, garden, outbuilding, etc.
In order for a house to receive the status of a residential building with the right of year-round residence and the right to register in it, it is necessary to go to court. To do this, you need to file an application with the court. During the trial, a construction and technical examination will be appointed, on the basis of which a conclusion will be obtained on the possibility of year-round living
.
The decision is transmitted to Rosreestr, and changes are made to the State Real Estate Cadastre
. Accordingly, the price of the property increases, because the garden building is given the status of a residential building.
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What if the house is not registered after purchase?
Unregistered, and therefore illegal, houses can pose some problems for owners. However, monetary fines are not provided for by law. However, you still have to “pay”, albeit in other ways.
. In the meantime, you need to keep the following points in mind:
- registration of buildings is carried out only at the request of the owner, and therefore the authorities cannot oblige him to submit it;
- There are no deadlines for submitting documents for registration of a house;
- taxes are not charged on an unregistered cottage;
- There are no penalties for failure to meet payment deadlines.
The thing is that if there is no registration, there is no information about the owner of the house. This means that there is practically no one to issue fines and payments to
. But the authorities have other ways to force registration of the right to a cottage:
- increased (twice) taxes on a land plot - charged on a plot of land for individual housing construction on which a building has not appeared or has not been registered for 10 years. They say you can expect a fivefold increase in the rate;
- an increase in the overall cost of registration - this is especially true for those citizens who own garden houses. The state duty is already 350 rubles;
- introduction of zero tax for pensioners and citizens with a house of up to 50 square meters. This will motivate you to formalize it.
Lawyer Andrey Solovyov (Chelyabinsk) answers:
When purchasing land with a house for which the title is not registered, the new owner may have difficulties. For example, if it turns out that the building was erected in violation of development rules, urban planning, sanitary, fire safety and other rules, this will entail the obligation for the new owner to demolish the unauthorized building.
Of course, the “dacha amnesty” greatly simplifies the registration of ownership rights to buildings, but in some cases it will not help. In addition, we must not forget that there may be disputes regarding an erected and unregistered building: for example, neighbors will not be satisfied with the distance from the border with an adjacent plot
. Often houses are built entirely or partially on other people's land plots.
Therefore, you need to at least ask the seller who built the house, and therefore the house was not registered, check the availability of permits and design documentation, communicate with neighbors, and show special care when concluding an agreement.
What risks may a buyer of an unfinished building face?
Let's say you chose the cheapest option and saved on the purchase, and then you find out that the foundation was cracked and it is dangerous to live in the house. Or the seller promised you to connect your house to gas under the Federal program, but it turns out that the laying of the gas pipeline and installation of the ShRP will be carried out with the money of the owners
.
Info
But miracles also happen. For example, urgent sales of houses due to relocation, an unfinished mortgage or divorce in the owner’s family. But even if you are lucky, you will have to compete with real estate agents for the property
.
To get ahead of the realtor when selling a house urgently, leave the owner a small deposit (2-5 thousand rubles) at the first meeting. This way you’ll buy yourself priority for a couple of days, and at the same time time to think
. There is no need to strive to buy the cheapest house. Real estate is not a supermarket; promotions and discounts simply don’t happen here.
The legal consultant of the country real estate department "Inkom-Real Estate" Irina Gorskaya answers:
Apparently, you want to purchase a plot of land with a house, which the seller has not registered in accordance with the procedure established by law. Formally, you are buying only land, without a building.
In order to register ownership of a house, it is necessary to invite a cadastral engineer to prepare a technical plan of the house and draw up a declaration on the property, pay for his services and the state fee for registering ownership of the house. Then you need to submit documents for registration to the MFC.
It should be taken into account that from January 1, 2021, in connection with changes in the legislation on SNT, certain requirements will be established for the parameters of buildings being built on land plots (height, area, as well as the possibility of erecting a permanent structure).
Thus, if you purchase a plot of land with an unregistered house, it must be registered before the end of 2021. Otherwise, you may have problems with legalizing your house if it does not comply with urban planning regulations adopted for the territory on which your land plot is located.
What should I know when buying a dacha in SNT?
On what categories of lands can one build and on which ones cannot?
conclusions
In many cases, purchasing a plot of land on which an unregistered house is located is a logical but risky decision. The exception is cases when the house was built with violations. Properly completed documents will help you avoid troubles in the future.
There are situations when a transaction involving the registration of a building on a site cannot be carried out in principle. This applies to agricultural lands on which residential houses cannot be built.
While the dacha amnesty is in effect, you can buy an unregistered house without fear. The main thing is to make sure that it was built without violations of urban planning rules, so that you do not have to repair it at your own expense. It is also important that the seller has legal rights to the plot. In these cases, you can ignore the lack of documents for the built cottage.
There may be other buildings on the site that are also subject to registration, but have not yet been registered. They also do not pose a serious problem. In addition, they can be safely rebuilt or dismantled, and new ones can be built in their place.
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Answered by lawyer, K. Yu. n. Yulia Verbitskaya:
First of all, it should be understood that the subject of the transaction (presumably a purchase and sale agreement) can only be what the seller has by right of ownership. In your case, this is ownership of a land plot.
In the future, after concluding such a transaction, all responsibilities and problems associated with the formalization and registration of rights to real estate in this area will be exclusively your headache and will be resolved at your expense.
On March 1, 2021, changes came into force that now require not only filing a declaration, but also carrying out technical accounting, creating an inventory file for the property, which will certainly entail additional expenses for you and possible difficulties in approval (for example, if the house is located near utility networks located close to the surface).
So for the security of the transaction, I would recommend buying real estate - both house and land - duly registered and registered, or, at a minimum, demanding significant concessions on price from your seller.
Text prepared by Maria Gureeva
Do not miss:
All materials in the “Good Question” section
What is more profitable - renting, building or buying a dacha?
Do banks give a mortgage on a house with a plot secured by this house?
Can I buy a garden house and plot with matkapital?
The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.
Objects under construction, or unfinished, are sold and bought in the same way as other types of real estate. But there are several important nuances in the transaction: unfinished buildings are often not registered, so ownership of them is virtually impossible to transfer
. Today we will tell you how to sell an unfinished house with a plot of land and buy it without any problems.
Land lawyers:
Details
Assistance from experienced lawyers and land lawyers: land surveying, purchase and sale, privatization, protection of interests in court.
Buying a good plot of land outside the city for construction is the desire of many city residents who want to build a country cottage for their family. And it doesn’t matter if it’s for permanent residence or just seasonal.
But there are situations when the acquired plot already has a building, the registration of which was not completed in the prescribed manner. The seller may justify this fact by the lack of time for such a lengthy procedure or state that he wanted to evade taxes in this way...
Whether you buy such a plot or not is up to you. But you should understand that when buying a house without registration, this is fraught with quite serious risks
. Therefore, it is necessary to begin the registration procedure as soon as possible, reflecting in the contract the fact of the presence of an unregistered building on the purchased plot.
An exception is if the building is dilapidated and of no value. Then it is not necessary to reflect this fact in the contract - the plot will be considered empty, since the house will most likely be demolished before the construction of a new cottage.
Do I need to register an unfinished house and how to do it?
Few people want to spend extra time contacting government agencies, so houses are not registered, but the property is sold simply as a plot of land. Moreover, the BTI is reluctant to register objects whose construction is less than 50–70% complete.
You can do this. Then, according to the documents, the seller transfers to the buyer simply a plot of land, without any buildings on it, and the buyer already completes the construction of the property, registers it and formalizes ownership
. But there are nuances to such a deal:
Correct preparation of the policy.
The DCP, or purchase and sale agreement, is drawn up in accordance with Article 454 of the Civil Code of the Russian Federation.
If you indicate unregistered unfinished construction in the contract, you will not be able to sell it - Rosreestr will refuse registration due to “the lack of information about the property in the state real estate cadastre
.
But then it is necessary to indicate in the DCP the item “There are no buildings and structures on the land plot,” which is not true. It is necessary to draw up the contract in such a way as not to affect the unfinished construction, but at the same time not to write lies, otherwise it may be declared invalid
.
Possible problems after the transaction.
There is a risk that disputes with the seller will arise after the purchase.
For example, if you buy real estate from a person who recently received an inheritance, another potential heir may appear
.
Then, if the contract does not indicate an unfinished house, you may lose money and ownership of the land
.
And if the house is recognized as an unauthorized construction, they may be required to demolish it
.
To avoid problems, we recommend registering the unfinished structure and obtaining ownership of it. Moreover, it is quite easy to do it
.
To register ownership of real estate, you will need its cadastral passport. To receive it, contact the BTI or Rosreestr in person or through the MFC and provide:
