rus83FORUMHOUSE Member
We are going to buy a plot of land with a house (dacha). Tell me what to look for, what pitfalls there are.
But you need to buy country real estate with great care, so that, as they say at FORUMHOUSE, “you don’t bite your elbows.” Out of frivolity, you can buy a dacha, which comes with a whole set of restrictions, fines and circumstances that are incompatible with a happy country life. Such negligence can even lead to complete loss of property rights.
Experts from the Federal Cadastral Chamber of Rosreestr have formulated rules that will make transactions with countryside real estate safe.
Buy a dacha only from the owner
This is not even “firstly”, it is “in the main”. A dacha, like any real estate, must be purchased only from the owner.
The right to a house and land is confirmed only by one of the following two documents:
- certificate of ownership
- (or extract from the Unified State Register of Real Estate)
From a legal point of view, these documents have equal value; it’s just that until 2021, ownership was confirmed by a certificate, and later by an extract from the Unified State Register of Real Estate.
KelodFORUMHOUSE Member
Certificates are no longer issued; they have been replaced by extracts from the Unified State Register of Real Estate.
Legislation
Chapter 30 of the Civil Code describes the regulations for carrying out purchase and sale transactions, the rules for drawing up an agreement and the documents required for this.
The nuances of buying and selling real estate are set out in paragraph 7 of this chapter.
Particular attention should be paid to Article 551 of the Civil Code, which establishes
mandatory state registration of such transactions, as well as Article 552 of the Civil Code, which establishes the transfer of the right to own land upon the sale of a building located on it.
Article 556 of the Civil Code, which establishes the obligation to draw up a transfer deed, is also important.
The provisions of the Civil Code on transactions (Chapter 9) and contracts (Chapter 27-29) are also relevant.
Article 37 of the Land Code imposes additional requirements for the sale of land.
In particular, this regulatory act prohibits the sale of plots that have not undergone cadastral registration, as well as the sale of plots under conditions limiting further resale, rental and other forms of transactions.
Don't trust and check
You need to get as much information as possible about the object that is selected for purchase. No matter how impeccably honest the seller may seem, you ALWAYS need to double-check what he says and order an extract from the Unified State Register yourself (the law allows you to request an extract about any real estate property in general).
In this way, you can avoid the main danger of buying a property that has already been sold to someone. The seller can provide the buyer with an extract from the Unified State Register of Real Estate, which was received before he sold it to a third party. You should try to get the most up-to-date information; the closer the statement is to the transaction date, the better.
What does it cost us to build a house: construction of housing in SNT
If you decide to purchase a plot of land and decide to build your own large house, you will have to apply for a permit to build a house in SNT. But if the building is no higher than three floors and more than three meters from the border of the neighboring land, then a building permit is not required.
Many people believe that building your own home is much more economical than purchasing a ready-made one. This opinion is sometimes erroneous, since quite a lot of money will be invested in the construction of the house. And the construction of housing can take several years. It is necessary to dig a pit, lay a foundation, and wait a year until the foundation stands. It is necessary to build a house according to the design for safe operation of housing. If you cannot calculate the project yourself, what size load-bearing walls and beams should be, you will have to turn to professionals for help.
Ignore the gardener's book
IkaRusMosFORUMHOUSE Member
I only have a gardener's book. Is it possible to rewrite the membership book to a new “buyer”, who will himself arrange for privatization of this plot?
The above question from our user describes a common, unfortunately, situation when, instead of a certificate or extract from the Unified State Register of Real Estate, the seller tries to slip in a gardener’s book. The buyer must immediately refuse such a transaction.
A gardener's book is not a document of title and does not confirm ownership of an object.
The buyer can rewrite the book in his name, but this will not make him the legal owner of the purchased dacha.
kOra AllaFORUMHOUSE participant
The neighbors do not have legal rights to the plot, so they cannot register it. The previous owner had no rights to sell it.
Procedure
After collecting and checking all the documents, you can proceed to drawing up a purchase and sale agreement.
Its significant points include:
- Item. It is necessary to describe in detail the site, its address, type of use, cadastral number, list of existing buildings and their characteristics.
- Price. It is necessary to indicate the exact amount of the purchase, the principle of its formation, and the method of calculation between the parties.
- Rights and obligations of the parties.
- The agreement also confirms the absence of encumbrances and claims of third parties on the land.
- Date of entry into force of the agreement.
- Signatures of the parties, date of preparation.
The completed agreement with the documents attached to it must be registered with Rosreestr.
Before state registration, it can be certified by a notary, but this is not a mandatory procedure.
To register, you must fill out an application indicating information about
agreement and details of the parties. All necessary documents are attached to the application, then the state fee is paid (2000 rubles for individuals), after the registration period expires, Rosreestr issues an extract confirming the successful completion of this procedure.
The transfer of land into the ownership of the buyer is completed by drawing up a transfer deed, which is a mandatory procedure for the purchase and sale of summer cottages. This act contains information about the site, as well as confirmation of the absence of claims by the parties to its condition and to payments.
One of the copies of the document is transferred to Rosreestr.
Buying a plot in SNT involves obtaining permission for this action from the municipality that owns the land.
Only after receiving written permission can you proceed to further actions.
To obtain permission, a written application indicating personal data and characteristics of the site is submitted to the authorized bodies. Attached to the application are copies of the partnership’s constituent documents, as well as certificates confirming the citizen’s membership in the SNT and the existence of the right to use the land.
If the price of a plot when purchased from a sole owner is arbitrarily set by citizens, then the purchase of land from the administration has a price limit - it should not be more than the cadastral value. If its value is unknown, a formal estimate is required.
After obtaining permission and conducting an assessment, a purchase and sale agreement is drawn up in accordance with the algorithm outlined above, registration is carried out with Rosreestr and a transfer deed is drawn up.
It is worth noting that the presence of SNT in the area does not mean that the plots belong to the state.
Citizens can unite in partnerships, being individual owners. This is done to simplify business activities. In such cases, the purchase of a plot takes place according to the standard algorithm for transactions with individual owners.
The owner, who is a member of the SNT, has both a garden book and title documents for the plot.
First of all, when purchasing land for individual housing construction, you must choose the right site. Are you experiencing housing problems? Find out if you may have the right to live in the premises of a flexible fund. Read more about this in our article. Here we describe in detail what a housing cooperative is, what its pros and cons are.
Take into account the specifics of the dacha
Country real estate has its own specifics and its own pitfalls. In many ways, successfully buying a dacha is much more difficult than buying an apartment. It is imperative to check whether any restrictions are imposed on the site.
Serious restrictions on construction on the site are imposed by the proximity to:
- water protection zones;
- sanitary protection zones;
- industrial zones;
- coastal areas;
- railways and roads;
- Power lines;
- objects of culture.
Kir313FORUMHOUSE Member
I bought a plot for individual housing construction. I ordered a house project. At the same time, I received a GPZU. I received a project for a modern house with a flat roof, a ground floor and two floors. Submitted documents to receive RnS. I began to prepare for construction and dug a foundation pit. The RnS was refused due to the fact that the land is located within the boundaries of a natural-historical landscape and requires approval from the Moscow Department of Cultural Heritage.
RoaromaForumHouse Member
By my standards at that time, I carefully approached the choice of site. I looked at more than a dozen in four places: the money was burning my pocket and it was necessary to start building. As a result, he “came up” - he got the proximity of a grain flow.
For those who plan to buy not just a dacha plot, but a dacha plot with a house, experts advise ordering from the Unified State Register of Real Estate a separate extract for the plot, and a separate one for the house. A lot of useful information can be obtained through the free services of Rosreestr:
- “Reference information on real estate objects online”
- "Public cadastral map".
What about prices for suburban real estate?
The coronavirus crisis of the first half of 2021 upended the real estate market in Russia, and in several segments at once. And if probably everyone knows about preferential mortgages, then mainly those who were planning to buy a dacha or cottage learned about the sharp surge in demand for country houses. The idea of spending the entire period of forced self-isolation in one’s own home without strict restrictions from the authorities turned out to be too attractive.
According to various sources, the demand for suburban housing in the Moscow region in 2021 increased by 60-70%,
Moreover, such a surge in popularity was noted for the first time for this segment. City residents rushed to buy literally any property - both quite expensive projects for several million rubles, and small dachas in garden and dacha associations at prices several times cheaper than apartments.
And these are not just requests - for example, in the Moscow region, the number of transactions concluded with country houses over the year increased by 20-30%, which also gave a sharp shake-up to the market. According to realtors, Russians most often looked for houses in two main segments:
- ergonomic houses with good energy efficiency and maximum usable area;
- the most affordable summer cottages are plots of 7-8 acres with panel houses.
At the same time, before 2020, the market had already been in a “frozen” state for a decade, industry representatives note – and most often clients were looking for something like an estate with large plots and “castle” architecture.
Now consumers have become more practical and are looking for options with year-round living, and accordingly, they are interested in the availability of shops, pharmacies and even kindergartens. And many of those who rented a country house in March-April 2020 still continue to rent it
– this format of living and working remotely turned out to be really convenient.
All this naturally affected prices, and both rent and prices for housing sales increased. For example, you could rent a cottage in the Moscow region in December 2021 for 98.7 thousand rubles per month, and a dacha for 50.6 thousand rubles. To buy suburban housing in the region, you need to have about 77.6 thousand rubles per square meter. This is all about 17-20% more expensive than it was a year earlier
.
Another problem is the lack of optimal options. During the first wave of rush demand, consumers swept away all more or less affordable options from the market, so now either the most expensive lots or obsolete objects remain on sale.
Experts do not expect prices to decline in the future; demand for real estate in the suburbs will continue to persist. But everything will still depend on the further development of the pandemic situation, says Alexander Tsyganov from the Financial University
:
Demand in 2021 and beyond will be influenced by both the understanding of the end or continuation of the pandemic and the convenience of living and working. In some companies, remote work will continue, while it is believed that even if the number of office hours is reduced and partial work at home, the attractiveness of country life is growing. But we need to take into account the possibilities of social and transport infrastructure, which is not developed evenly. Of course, you can continue to use delivery, but shopping is also a form of relaxation. Schools, kindergartens, and universities in large cities are clearly better so far. Restaurants, shopping centers, cinemas and theaters within close proximity in rural areas are quite rare. In the Moscow region there are several locations with a fairly rich infrastructure, for example, the vicinity of the Rublevo-Uspenskoye and Ostashkovskoye highways, but here, too, problems with schools forced us to take our children to Moscow, which is not always convenient. Therefore, we can expect some disappointment from suburban real estate, but demand will still be greater than in 2021 and an increase in prices by spring is quite likely.
Alexander Tsyganov
, Head of the Department of Insurance and Social Economics, Financial University under the Government of Russia.
Indeed, other experts also expect that some properties (in particular, dachas) may return to 2021 prices - they are of little use for permanent residence, so some of those who bought them will be disappointed in the purchase and will rush to get rid of such an unsuccessful acquisition.
However, in general, suburban real estate will continue to rise in price in 2021:
Various experts talk about price increases during the year from 10 to 20%. And if the authorities introduce the promised mortgage programs for such houses, then prices may rise even more.
Verify the declared and actual location of objects
The discrepancy between the actual location of objects and the one stated in the documents is the most common problem when purchasing a summer cottage; This happens all the time. The buildings on the site are located in violation of building codes, the fence is placed where it cannot be placed at all, and other issues are fraught with at least scandals, and even legal proceedings with neighbors.
How to avoid this - invite a cadastral engineer and inspect the site with him. Having received information about existing or possible problems, the buyer can calmly weigh the pros and cons and decide whether he needs this headache.
8. Take into account VRI
If the type of permitted use of the site is individual housing construction, then you can safely build a house on it with a foundation and any communications. If the plot is on agricultural land and it is intended “for running a personal subsidiary plot,” a residential building built on it is considered a self-construction – whether it is worth buying is a big question.
A site located within the boundaries of a zone with special conditions for the use of territories is a source of continuous problems. All construction is prohibited on this site; you cannot dig wells or make fires.
Now it is possible to build on dacha plots (category - agricultural, vri - gardening) only if this is allowed by the PZZ.
Have membership dues and utilities been paid?
And finally, of course, you need to check all receipts for payment of membership fees and utility bills.
To do this, the buyer of the dacha should go to the board of SNT (gardening non-profit partnership) and document that the accountant (chairman) of the dacha society has documented that the previous owner does not have any debts.
Be careful when buying a summer house and GOOD LUCK on your garden plots!
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