Purchasing a home is a personal matter for everyone. Some people want to immediately find themselves in a comfortable cottage, others prefer a modest apartment; but there are also those who want to buy an unfinished house.
The peak in demand for “unfinished construction” is especially typical during periods of crisis in the country. Read more about the nuances of purchasing and registering ownership of an unfinished house.
What kind of house is called “unfinished”?
This is how people dubbed houses whose construction has not yet been completed . Such buildings are always cheaper than finished and commissioned houses, because we are talking about a structure in which it is not yet possible to live.
It can be just a foundation or a foundation and walls, or it can be a semi-finished house that already has a roof. In an unfinished house, all communications are often not connected.
The advantage of buying such a house is that it costs much less than a ready-made house. At the same time, there are also many pitfalls here.
In what cases is an object not subject to division?
The issue of division of property is regulated by the Civil Code of the Russian Federation and family law. Not everything that is acquired during marriage is considered common. A striking example of such a situation is property received as part of gratuitous transactions.
During a divorce, an unfinished house cannot be divided in the following cases:
- if it was received by one of the spouses as an inheritance;
- the house began to be built before the painting in the registry office at the expense of one of the spouses;
- the housing was built with money donated to one of the spouses.
Why are they selling unfinished buildings?
Among the main reasons why unfinished buildings are sold are:
- the owner lacks funds to continue construction;
- plans have changed (for example, leaving for permanent residence in another country or another city);
- poor location of the site for supplying communications (hitches in paperwork, problems with installation, etc.).
If you want to buy an unfinished house, then it is better to choose a building that is being sold due to the owner’s lack of finances for further construction.
It is not advisable to purchase a “box” without a roof . In this state, the room quickly loses its operational characteristics: temperature changes, precipitation - all this negatively affects the unprotected building material.
Using the simplified order
To register property through Rosreestr, you need to go through the approval stage; there are quite a lot of authorities. In addition, you will need to collect a fairly large package of documentation.
That is why many construction companies have separate services (departments), and this painstaking work is entrusted to them.
Since 2015, the procedure for registering country-type real estate has been simplified, so the owners of such properties will have fewer worries.
According to the new legislation, this updated simple procedure can be used in relation to the following objects:
- residential buildings, if they are built on land plots intended for running farms such as country houses or gardening;
- residential buildings, if they are built on plots whose intended purpose is individual housing construction (individual housing construction);
- residential buildings built on land. areas used for the purpose of running private plots (personal subsidiary plots). Such lands are located on the border of a populated area.
That is, if we are talking about the construction of one of the specified private houses on the listed land plots, then the owner should contact either Rosreestr or the MFC, collecting the minimum package of documents required for registration.
Attention! The specialist will give the applicant a separate application form to fill out. The state is also paid here. duty.
The employee accepts all documentation with the application and sets a specific date for issuing an extract from the Unified State Register. You can pick it up along with other documents at the appointed time.
Buying an unfinished house: what to look for?
Buying a house whose construction has not been completed is, on the one hand, a risk, and on the other hand, a profitable acquisition of real estate.
The advantage is that construction has already begun, large-scale and difficult work (for example, laying the foundation) has already been completed, a project has been chosen and some part of the house is already there.
Disadvantages of buying unfinished:
- the house project is not designed according to your wishes;
- The quality of the work done can only be partially verified.
When choosing an unfinished house, focus on all the little details: when did construction start? how is the foundation made? what materials were used?
Legal points
Don't forget about the legal side of the issue. You should know:
- Who is the owner? Make sure that the seller is the owner of the site and the unfinished property. It is important that the land is owned and not leased, and that the site has undergone a land surveying process.
- Is construction permitted on this site? Find out the legality of starting construction. The land under the house must have the status “for residential construction”. The “dacha construction” status will not allow the construction of a permanent structure on the site.
- Is everything okay with the documentation? Be sure to study the documents for the house and land. The land should not have any encumbrances, i.e. be on bail or under arrest. Also inquire about the prospects for the development of this territory: are there any plans to pass through the section of highways, build factories or multi-storey residential complexes. This information can be obtained from the territorial land committee. The seller must provide you with a building permit, which will further facilitate the commissioning of the house. Otherwise, you will have to go through all licensing authorities in the future. Sometimes owners sell their unfinished property as a plot of land with building materials. In this case, ask him for invoices and receipts for building materials, which will be needed in the future to draw up a sales contract.
- Does the unfinished building comply with building codes? Only a specialist with a construction or architectural education can inspect and evaluate the quality of a building. Choose an unfinished building that was built no more than 2-3 years ago.
- Are utilities connected correctly? Checking the legality of connection to communications (water, gas, electricity, sewerage) is an important point. Ask the owner to provide contracts and payments confirming payment for the connection. If communications have not yet been laid, then inquire about the possibilities, timing and cost of connecting to them.
Financial side
Estimate the costs that will be required to complete construction . And here, too, it is better to consult with a specialist who will determine the upcoming costs and the reasons for the “freezing” of construction.
It’s one thing when construction is stopped due to lack of money, and quite another when the process is “frozen due to mistakes made by the developers. The specialist will evaluate the quality of the foundation, masonry and the entire structure in general.
Making a deal
If the owner has registered unfinished construction, then a standard purchase and sale agreement must be concluded. Be sure to check the clause “Subject of the contract” in the contract; it should be the house itself, and not the materials used for construction.
If at the time of purchase only the plot is registered with the owner, then an assignment of contract rights is drawn up.
Documents required to complete the transaction:
- cadastral extract for the house and/or plot;
- contract of sale/assignment of rights;
- building permit;
- construction passport of the house;
- applicant's passport;
- notarized permission to sell from co-owners.
Registration of unfinished construction
In order to answer the question of how to register an unfinished house as a property, you should refer to the legislation.
Previously, Russian legislation allowed for the possibility of state registration of unfinished construction projects regardless of the stage of “freezing” of construction. The main condition for registering an unfinished building for cadastral registration was the presence of a capital foundation (concrete or brick).
Since 2015, conditions have changed. To enter unfinished construction into the cadastral register, it is necessary that:
- the land under the building was registered as ownership (for rent or perpetual use);
- there was a building permit;
- The unfinished land was intended for the construction of residential buildings.
An unfinished house cannot be legitimized if it is the subject of a valid construction contract.
Title documents for the land plot:
- extract from the Unified State Register;
- agreement for lifelong lease or indefinite use of land;
- building permit.
If the plot is not registered and is not registered as the property, then according to Article 40 of the Federal Law No. 218, registration and registration of rights is carried out for the house and the plot simultaneously.
A cadastral engineer enters into an agreement with the owner of an unfinished house to produce a technical plan . Based on the technical plan, the unfinished house will be registered in the cadastral register and an extract from the Unified State Register will be issued for the unfinished construction site. But the ownership of the house will be registered only after it is put into operation.
If the owner of an unfinished property completes the construction of a house only 10 years after receiving a construction permit, then he will need to take out a new permit (Article 51 of the Civil Code of the Russian Federation).
After completion of construction, amendments are made to the real estate register, according to which an individual residential building will be considered registered as a property.
An unfinished property that has not been registered as a property cannot be sold, donated, or inherited. The implementation of such transactions will become possible only after state registration.
Do I need to pay tax on unfinished construction?
Many owners of unfinished real estate mistakenly think that they first need to build a house on the site, and only then legitimize and register it. Thus, many of them think to avoid paying property taxes.
In 2021, unfinished construction projects are subject to real estate tax according to the cadastre (0.6% of the cadastral value) . If within 10 years after purchasing the plot the house is not registered in the cadastral register, then a double tax will be charged on the land.
If you don’t know how to pay tax on an unfinished house, then go to the website of the Federal Tax Service and do it in a few clicks.
Condition of the individual housing construction project
Since 2004, Russian legislation has provided for the possibility of state registration not only of finished real estate, but also of unfinished construction projects, regardless of the stage of “frozen” construction. The main condition for registration is the presence of a solid concrete or brick foundation.
Important! An unfinished construction project cannot be legitimized if it is the subject of a valid contract.
The nuances of purchasing unfinished property
Below we offer clarifications on the most pressing issues related to the purchase of an unfinished house.
Is it possible to buy an unfinished house with maternity capital?
It is forbidden . Purchase/sale transactions for unfinished construction projects are not carried out with the involvement of maternal capital, even if it is an officially registered unfinished project.
In accordance with PP No. 862, housing subsidies are allocated for the acquisition of living space and improvement of living conditions. An unfinished property is not considered a residential property, so a family certificate cannot be used when purchasing such a property.
Is it possible to take out a mortgage on an unfinished house?
You can get a mortgage for an unfinished private house, but only if the property meets a number of conditions, namely:
- The house must be registered with the BTI cadastral register as an unfinished construction project.
- Construction must be at least 50% complete.
- You must provide the bank with a completed, agreed upon construction plan.
- Communications must be connected to the site.
To apply for a mortgage you need to collect the following package of documents:
- a copy of the work book with the seal of the organization and the signature of the employer;
- income certificate;
- documents for the collateral;
- documents for the guarantor.
Is it possible to register in a private unfinished house?
Registration in an unfinished house is possible if the property is found suitable for habitation . This means a certain degree of readiness of the building for occupancy, which is confirmed by acts of government agencies. In other cases, it will be impossible to register in an unfinished house.
So, buying an unfinished house can turn out to be a very profitable acquisition or, on the contrary, it will become a burden that you will try to resell to someone else.
To minimize risks, before choosing an unfinished construction project, contact experts who can conduct a professional assessment of the condition of the future home and calculate the approximate cost of completing it.
Reasons for registering the legal right to own a house
The procedure for registering a private house requires a serious approach and involves a lot of hassle.
Please note! Before examining the procedure for registering ownership of a residential building, you should know why the procedure for registering housing in personal ownership is necessary at all:
- if there is a document such as a state certificate. registration of a private residential building (house), then the owner does not need to worry that his property, which he uses and lives in, was not properly registered;
- when it is necessary to install a communications system into a newly built residential building. Any procedure that requires registration of technical documents. documentation, requires a cadastral passport and a certificate confirming the right of ownership of the object;
- if you want to sell real estate or give it to someone as a gift. Before these actions, you first need to conduct an inventory of the building and register it.
Terms of provision and cost of services
Simplified procedure for registering the rights of individuals. person for an individual housing construction project that belongs to him implies the need to pay the state. duties in the amount of 200 rubles.
An extract from the Unified State Register of Rights to Real Estate and Transactions with It is issued within 18 days, no more. The period is counted from the date when the service responsible for the state. registration of property rights received an application and documents attached to it.
The prepared certificate (extract from the Unified State Register) is issued either to the applicant, or sent by mail, if in the submitted application for state registration. registration of rights there is a corresponding indication.
In addition, it is possible to send the applicant an extract from the Unified State Register in electronic format.
On refusal to carry out state registration rights to the applicant must be notified no more than 5 (five) days from the end of the registration period. Such a message is sent without fail.
When sending an application simultaneously with the documentation used for the state. registration of property rights, and applications for setting up an object classified as an individual residence. construction, state registration in the cadastre, the calculation of the period occurs from the date of entry of data on specific real estate into the State Property Committee.
How to submit documents
To register ownership of an individual housing construction project (individual housing construction) in a simple manner, use any of the proposed methods. Contact the Cadastral Chamber directly or one of the nearest Rosreestr offices.
You must make an appointment in advance:
- through the official portal of Rosreestr - use the “Offices and Receptions” section;
- by contacting the single number of Rosreestr - the service center by phone 8-800-100-34-34. Calls to this number within the Russian Federation are free.
Send the prepared documents to the MFC - this is a multifunctional center specializing in providing municipal and state services. services. But first, make sure that the selected MFC actually provides the required service.
Note! Send all copies of prepared documents via mail, attaching a receipt receipt and a list of enclosed documents.
Have them certified by a notary and submit them to the Cadastral Chamber or the Rosreestr service closest to the location of the property.
The application and documents certified using an electronic signature are submitted through the Rosreestr website (section “Electronic Services”).
Please check with Rosreestr in advance whether this type of service is provided and whether it is possible to send documents electronically.
You can find out this on the official website, by contacting a service specialist, or by calling the operator at the call center (call center).
The applicant has the opportunity to track the current status of consideration of the submitted application. Use the “Request Status Check” service for this. It can be found on the Rosreestr portal, and the chosen method of sending documents is not important.
Watch the video. Unfinished construction project:
