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.
Roots of the problem
At the end of the last century, many of our fellow citizens built houses without worrying about registration and various approvals. The reason for this situation is the complex registration process and the large amount of time it takes.
For a long time, no checks were carried out to determine the legality of unregistered buildings, and citizens simply built houses without registering them anywhere. Many of them remain unregistered to this day.
However, with the entry into force of the law on dacha amnesty, the problem ceased to be relevant. The process of registering ownership of dachas and garden houses has been simplified and the time frame has been reduced. Now the entire registration process takes no more than a month and a half, so it is extremely rare for more modern buildings to be unregistered.
Kostya
Some officials, voicing the scale of potential sanctions against persistent defaulters, spoke about the possibility of demolishing illegal buildings. However, this is not yet spelled out in the law, and no one will immediately demolish your house or dacha.
In January 2021, the rules for calculating taxes on unregistered real estate changed. Now owners of illegal buildings face heavy fines. Where do the authorities get data about your buildings, how to avoid a hole in the budget and what to do if the fine has already arrived?
Why do people buy cottages without registration?
Purchasing a plot with a fully completed house and buildings is a guarantee that no problems will arise later, for example, with sale, donation or inheritance. In addition, registration indicates that the building was built in compliance with all building code requirements.
And yet, unregistered cottages on plots of land are still quite common, and citizens are sometimes happy to purchase them.
Important! In many cases, it is almost impossible to buy a cottage without registration. For example, if a cottage is bought with money from a targeted bank loan. In this case, the buyer should look for an option with ready-made documents.
Naturally, the most common reason for buying land with an unregistered house is the low price. In this case, the object of sale and purchase is land, and the building is only an annex to the transaction.
There are other reasons for buying a house without registration, and they can be classified as very significant:
- Acquisition for the purpose of reconstruction, demolition of a house
. If the house is already registered with government agencies, then adding a new wing or adding an attic is possible only after the process of coordinating actions in various authorities and making changes to the completed documents, which will require a lot of time and money. In turn, an unregistered house can be rebuilt in any way, up to complete dismantling and construction of a new one, and only after that can the registration process be initiated; - Reducing the time required for registering a transaction - the owner simply re-registers the “empty” plot to the buyer. If you insist that the seller first draw up the documents, then during this time another buyer may well appear who will agree to purchase the cottage without registration and, perhaps, will give a better price;
- There is no need for re-registration - registering a new owner is easier and faster than re-registration of all documentation for land and buildings.
Neither sell nor give away
You can live for years without obtaining a certificate for a new building, reconstruction with an increase in area and number of floors, etc. The tax savings are significant. But before sale, all buildings are registered in accordance with the law, otherwise the price will be significantly reduced.
But on the territory of the vegetable gardening partnership (ONT) only outbuildings can be erected. You cannot build housing: neither a garden house nor a residential building.
According to the new law, any such structure on ONT lands will be considered an unauthorized construction subject to demolition. However, if a residential building has already been built on the site of a gardening partnership and (attention!) registered, then it will retain the right to exist even after the New Year.
Risks when buying and selling unregistered real estate
When purchasing a plot with an unregistered house, the following problems may arise:
- the owner may refuse to sell the plot if he demands that all documents for the house be completed;
- lack of transparency in the execution of the transaction;
- there is no guarantee that the house was built in accordance with urban planning standards;
- Friction is possible with neighbors who, being aware of all the features of the site, may file a complaint about the presence of an unregistered object.
The new owner will not have any other problems. However, to avoid any questions, it makes sense to draw up documents for the building as soon as possible.
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.
Dacha contributions in 2021
- the list of actions and inactions of citizens characterized as a violation of the law regarding land use has been added;
- along with fixed amounts of fines for individual offenses, the calculation of the fine as a percentage of the cadastral value of a plot of land (if determined);
- new penalties were introduced for failure to comply with the instructions of the land inspection authorities (a twofold increase in the amount of the fine if the order was not fulfilled within the established time frame, as well as arrest).
- the size of fines has increased significantly, which indicates a tightening of measures applied to violators (on average 10-20 times);
More to read —> Grandfather guardian grandson first-degree heir
How to legalize construction at a dacha starting in 2021
“More than half of the plots in the Tula region are not included in the Unified State Register of Real Estate (USRN), and the right to own land is confirmed only by the membership book of a participant in a gardening partnership,” noted Olesya Sinkevich. – Citizens whose real estate properties are not included in the Unified State Register of Real Estate will not be able to create a TSN, a partnership of real estate owners, instead of a non-profit dacha partnership.
A residential building is a permanent building in which you can register. The law clearly limits what kind of house can be built. It should have no more than three floors, its height should not exceed 20 meters, and it should not be divided into separate real estate units - apartments.
What to do if there are no documents for the house and land?
This scenario is the most unpleasant. Such a plot and house located in a village are considered no man's land. The authorities may recognize them as ownerless if ownership or lease for the land and then for the construction are not registered within five years.
It is possible to register such land. But for this purpose, a meeting of the partnership is convened, which will decide on the transfer of the site for use. And this is the basis for registration of property rights.
New changes in land legislation in 2021
This year, the Ministry of Economic Development of the Russian Federation will submit a new version of the bill for consideration. It is expected that it will be approved by parliament before 2021. According to the amendments, instead of the current seven categories of land, from 2025 the country will have 18 territorial zones, clearly linked to the map.
New laws from January 1, 2021 in Russia
Gardeners are ordered to be content with only non-permanent buildings. Moreover, if there is already a permanent structure on the garden plot, the property rights to demolish it will not be taken away and the summer resident will not be forced. But they won’t allow the construction of a new capital building either. And especially for those who like to pass off residential buildings as summer verandas in order to avoid paying property taxes, the current legislation prescribes the signs by which cottages will be distinguished from barns.
18 Apr 2021 uristgd 135
Share this post
- Related Posts
- Inheritance by will wife son mother
- Refusal to inherit under a will
- Okof Mirror Nachstennoye Since 2021 Depreciation Group
- Cost of inheriting from a notary in 2021 without a will
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.
Did you find this article helpful? Please share it on social networks: Don't forget to bookmark the Nedvio website. We talk about construction, renovation, and country real estate in an interesting, useful and understandable way.
Consequences of unauthorized construction
Clause 3 of Article 25 of the Federal Law “On Architectural Activities” provides grounds for holding an individual accountable for uncoordinated and unauthorized construction. First of all, a person is obliged to restore the land plot to its original form and demolish the illegally erected building.
Civil liability
All illegally erected buildings can only be demolished after a court order has been issued. Instructions issued by local administrations and district commissions to suppress unauthorized construction do not apply to the demolition of an unauthorized house.
The law on gardening and vegetable gardening regulates the material relationships of members of partnerships. 2 types of fees have been approved : membership and targeted, entrance fees have been cancelled . Their regularity and size are determined at the general meeting. Arrears in payments entail penalties up to and including exclusion from the partnership. Payments are made only in non-cash form in order to avoid various financial abuses and create transparent schemes for the movement of funds. Decisions on choosing a bank, opening and closing bank accounts, and maintaining documentation for paying dacha fees are also made by popular vote. Any owner of a land plot has the right to familiarize himself with all reporting documentation related to community expenses.
