What documents are needed to purchase a plot of land with a house in Russia, and what is needed to sell private real estate, for example in a village: list of papers YurExpert Online

What papers do you need to provide to sell land and a private house in Russia?

To sell a private house with land, the seller must have two packages of documents: for the house and for the plot (is it possible to sell a house without land and vice versa?). In addition to the title documents for real estate, there must be a permission to sell from the spouse certified by a notary. If there are children, permission from the guardianship authorities.

Important! In accordance with paragraph 5, paragraph 1 of Art. 1 of the Land Code of the Russian Federation, the sale of a house or land plot on which it is located separately is impossible.

To the ground

Cadastral passport. In accordance with Art. 37 of the Land Code of the Russian Federation, the purchase and sale of a land plot can only be carried out after the property has been registered in the cadastral register.
Extract from the Unified State Register of Real Estate. The land plot must be included in the Unified State Register of Rights to Real Estate.
Starting from 01/01/2017, in accordance with the Federal Law of 07/13/2015. No. 218-FZ “On State Registration of Real Estate”, a certificate of land ownership is not required. An extract from the Unified State Register is sufficient.
The document under which the seller acquired ownership of the property. This could be a land purchase and sale agreement, a certificate of ownership after privatization, a court decision, etc.
A boundary plan is not required to register the sale and purchase transaction of a house with a plot. But it is advisable to purchase real estate with a ready-made survey (we wrote about whether it is possible to sell a plot without survey here).

This article describes what documents are required for the purchase and sale of a plot.

For real estate

Extract from the Unified State Register of Real Estate.
Technical passport for the building, which indicates all the main characteristics of the object.
A contract of sale, gift or other basis giving rise to the ownership of the seller.
Extract from the house register.
When buying a house in a rural area, a certificate from the administration about those registered or living in the house.
Certificate from resource supplying organizations about the absence of debts (gas, water, electricity)
Certificate from the tax office confirming the absence of debt.

Documents for registration of the purchase of a house and land provided by the buyer

The buyer needs a much less extensive package of necessary documents and these are:

Of course, a passport.

If a house and land are purchased by only one spouse, then the second spouse must have consent certified by a notary to complete this transaction. The consequences are the same as in the case of lack of consent of the seller’s spouse: refusal of registration or, if registration does take place, the possibility of declaring the entire transaction invalid.

State certificate for maternity capital, if the house is purchased using funds from the Pension Fund.

A power of attorney, if the buyer trusts another person to complete a transaction on his behalf.

What else should a buyer remember when buying a home?

Notarization is mandatory if:

the house and the plot (or one object of them) are in shared ownership;
if they belong to a minor or a person with limited legal capacity.

In other cases, the participation of a notary is at the discretion of the parties.

In some cases, it is not enough to simply sign an agreement between the seller and the buyer, but it is necessary to have it certified by a notary.

Also, if there are any restrictions on the plot and house (they must be reflected in extracts from the Unified State Register), then they must be listed in the purchase and sale agreement.

It often happens that there is a house on the site, but it is not registered as the owner's property. If you agree to purchase such real estate, you must understand in advance that you will most likely only be able to register ownership of such a house through the court. And the process will be long and troublesome.

In addition, when buying a plot with a “non-existent” house, you will not be able to receive a property tax deduction. After all, the deduction is provided only when purchasing a residential building.

What documents are required for the tax office to receive a property deduction for personal income tax:

passport;
declaration in form 3-NDFL and application for tax refund;
an extract from the Unified State Register of Real Estate confirming your ownership of the house;
purchase and sale agreement and receipts certifying the amount of your costs for purchasing the house;
2-NDFL certificate confirming that you have paid personal income tax. persons

Where to contact?

To sell a house in a rural area, with all questions you need to contact the village administration for advice. For cities, a general scheme usually applies.

The main document for a real estate purchase and sale transaction is an extract from the Unified State Register of Real Estate. You can order it online, on the State Services portal or in person, when visiting the MFC or a branch of Rosreestr. In rural settlements, the local administration is responsible for ordering and issuing certificates.
To obtain a cadastral passport, you must contact the local real estate management authority, depending on the region where the land is located.
In the city, a land passport can be ordered from the territorial office of Rosreestr during a personal visit or online, through the State Services portal or the Rosreestr website.
A boundary plan, if available, can be obtained from the cadastral chamber or Rosreestr, depending on the region.
The technical passport for the building is prepared and issued by the BTI.
An extract from the house register can be obtained from the passport office.
Certificates of absence of debts are obtained from tax and service companies.
All documents must be either originals or notarized copies. If the sale is carried out by a trusted person, a notarized general power of attorney is required.

Additional documents

There are no difficulties if the house is sold by one adult owner. But if one of the owners is a minor or incompetent citizen, permission from the guardianship authorities will be required. The owner may try to hide this information, so it is better to request an extract from the Unified State Register yourself. In the section on copyright holders, you can see how often the owners changed, and on what right they acquired the plot with the house.

To protect yourself, request the following:

A copy of the seller's civil passport.
Certificate of absence of debts to utility services.
Certificates from psychoneurological and narcological clinics.
Construction permit.
Consent of the spouse to complete the transaction, certified by a notary.
If the seller is unmarried, a notarized statement is provided stating that there is no marriage or claims from third parties.
Boundary plan.

Note! The boundary plan must contain the signatures of neighbors confirming their agreement with the boundaries. If not, talk to the owners of adjacent properties.

If the property is in the village

The list of documents for the purchase and sale of country real estate is not much different from a transaction involving land and a house in the city. The only difference is a certificate from the village administration about the absence of arrests and encumbrances on the house and plot. Such a certificate is not always required; it all depends on the specific case.

We wrote about how the purchase and sale of plots in the countryside and in the city occurs in a separate article.

List for registering a transaction from both parties

After concluding a purchase and sale agreement, you must contact the MFC or other governing body of the region to conclude the transaction. All parties to the transaction must be present when submitting documents. Documents required:

Passports of all participants.
Purchase and sale agreement in triplicate.
Extract from the Unified State Register of Real Estate.
Consent of the spouse to sell real estate.
Permission from the guardianship authorities (for the seller, if there are children).
Birth certificates of children under 14 years of age or personal presence of children with passports (for the buyer if the property is purchased as joint ownership).
Title documents for real estate (it is better to take all that are available).
Powers of attorney and other documents, depending on the specific case.

We wrote about how to complete a transaction at the MFC or Rosreestr here.

The most important things you need and need to know about buying a home

Almost each of us has encountered in our lives the need to complete real estate transactions.
Most often, the subject of the transaction is apartments, so almost all ordinary people already have a more or less rough idea of this procedure. It’s a completely different matter when a house is sold or bought along with a plot of land: a country cottage, a summer house or a private residential building within the city.

Such transactions have a lot of features that must be taken into account before signing the purchase and sale agreement. Otherwise, you may not be able to avoid the risk of adverse consequences, ranging from refusal to register the transaction by Rosreestr and ending with the recognition of the transaction as invalid in court. Therefore, you need to understand all the subtleties.

Of course, you can seek help from professionals - realtors or lawyers. But truly qualified specialists value their services quite expensively, and the seller will have to pay for them out of his own pocket. Those same performers who demand a modest remuneration, with a high degree of probability, may turn out to be scammers or half-educated people who will either not complete the already paid work at all, or will perform it in such a way that the parties to the transaction will not be able to avoid all risks.

Practice shows that not all sellers and buyers turn to specialists, preferring to complete the transaction on their own. And to do this, you need to understand all the intricacies yourself, which promises a huge loss of time, we will help you save it.

What will the buyer receive after all the procedures?

Typically, documents are reviewed within 14 calendar days. Be sure to leave a phone number for contact if the registrar suddenly has questions. After successful registration, a new USRN certificate will be sent to the MFC, Rosreestr or another organization, where the buyer will be indicated as the owner.

Important! From January 1, 2021, certificates of ownership will not be issued.

More and more families are leaving apartments and thinking about buying a house with land. No neighbors, transparent utility bills, your own plot of land - all this is worth the hassle of paperwork. Purchasing real estate is a serious transaction in which a lot of money is invested, and where there is money, there are scammers. Therefore, do not forget that in order for everything to go smoothly, it is advisable to consult with an experienced specialist when concluding a contract.

What documents are needed to buy a house using maternity capital?

You can also buy a house with a plot using maternity capital. But this must be a residential building, and not a garden or country house. And you will not be able to purchase a share in the ownership of a house using maternity capital. But only the entire house (of course, having allocated a share in it for your children when purchasing).

The contract must provide for a deferred payment. Because the Pension Fund transfers money to the seller only within two months after the transaction is completed. And not every seller will agree to this.

The depreciation of the purchased house should not exceed 50%. This restriction was introduced by the Pension Fund to prevent fraud in cashing out maternity capital funds.

To receive the coveted certificate for maternity capital, you must submit a corresponding application to the Pension Fund and indicate the purpose of using the money - to improve your living conditions. And when you have already received the certificate itself, you will need to re-apply to the Pension Fund with an application for disposal of maternity capital funds. And provide a purchase and sale agreement for a house that has been registered, in which there will be allocated shares for your children.