Buying and selling a plot of land

Many people do not fully understand the difference between land plots provided for gardening and for individual housing construction.
But depending on the legal regime of the site, the purchase and sale procedure may differ.

Transactions for the acquisition of land in gardening partnerships have their own characteristics, which you need to know about before registration. We'll talk about all the subtleties in the article.

General rules for transactions with land plots

You need to know and comply with the requirements that the law establishes for such transactions. Without compliance with them, the transaction will become invalid.

The following must be taken into account:

The legislation believes that ownership of any real estate and, in particular, plots of land exists only when the corresponding record of ownership is included in the Unified Register of Ownership Rights to Real Estate. If this is not the case, then such land cannot be bought or sold.
Only the owner of the land who has all the necessary supporting documents has the right to dispose of the plot. Other persons, for example, a tenant, cannot sell used land.
When transferring ownership to another person, the category and type of permitted use of the site do not change. If the buyer intends to change them, he must contact the relevant government authorities.
The buyer, after signing the contract and paying the full cost of the plot, does not become the full owner until he registers receipt of ownership by contacting the territorial office of Rosreestr.
If the seller solely owns the land property, he can carry out the sale without contacting a notary. However, if the property is shared, then he is obliged to notarize it.

A transaction certified by a notary will guarantee that the interests of both parties will be respected.
Compliance with the above rules will allow the transaction to be completed without objections from regulatory authorities.

Features of purchasing land for individual housing construction

The advantage of land plots with permitted use for individual housing construction is, first of all, infrastructure. These are territories within populated areas. Accordingly, the purchase of such a plot has its own characteristics:

be sure to check the presence of a boundary plan to avoid disputes with neighbors regarding the boundaries of the site;
the ability to connect to communications, which allows you to build a residential building and use the central networks of the settlement;
after construction, the house can be registered and put into operation, which will make it possible to live in it and register;
It is first necessary to clarify whether the site is located in an environmental protection zone, which will become a restriction for its use.

What documents should there be for the site?

When conducting a transaction, it is important to make sure that the seller has the necessary documents for the sale of the plot, giving him the right to sell the plot. In this case, it is necessary not only to have documents that give him ownership of the plot, but also to register in the Unified Register of Ownership Rights to Real Estate.

Documents for a land purchase and sale agreement include:

Title documents that substantiate the existence of the right to ownership of a land plot. Depending on the specific situation, this may be a purchase and sale agreement, an agreement under which the land was donated, a will, or others.
An extract from the Unified State Register, which is the main document confirming ownership. It will, in particular, contain information about whether there are encumbrances on this property.
Cadastral passport for the plot.
If there are buildings on the site, technical documentation for them must be provided.
It is necessary to provide a boundary plan for the plot of land being sold.
An act that sets out the boundaries of the land being sold.

Sample act of approval of the location of the boundaries of the site
If any of the listed documents are missing, then they must be drawn up before the transaction is completed. When conducting a transaction, sometimes a supporting agreement is signed, which sets out the deadlines before which the seller is obliged to complete the missing documents.

In addition to the listed documents, additional ones may be required, depending on the specific situation. For example, if a plot is sold by one of the spouses, permission for the transaction may be required from the second.

Procedure

First, the buyer looks for a suitable plot. It does not matter whether the owner is in a partnership, the main thing is that the land is provided for gardening.

Important! There should be no registered buildings on the site. According to Russian law, the land follows the fate of the house, and not vice versa. The owner of the building may require the owner of the site to provide him with territory for the maintenance of his property.

To purchase land you will need:

extract from the Unified State Register of Real Estate;
a document confirming the legal transfer of ownership (privatization agreement, sale and purchase, gift, court decision, certificate of inheritance or other);
cadastral passport, if available (from 2021, replaced by an extract from the Unified State Register of Real Estate);
a certificate from the board of SNT, where the site is located, confirming that the owner has no debt on target and membership fees;
certificates from PND and ND stating that the owner is not registered with these organizations;
a certificate from the BTI about the availability of real estate on the site (the document must indicate that there are no buildings);
consent of the spouse to complete the transaction, certified by a notary (if the owner is married).

The specified documents are not required to be submitted . But the buyer requires them to protect himself from invalidation of the transaction.

If the owner of the plot was not a member of the SNT, he must have agreements for the use of the common property of the partnership. The land owner must not have debts to the association of plot owners.

The purchase and sale agreement is drawn up by the parties independently.

The document should contain the following sections:

information about the parties (full name, date of birth, place of residence, passport details of the seller and buyer);
subject of the contract - the seller transfers, and the buyer pays for and accepts the land plot (the location of the plot, area, cadastral number, purpose and other information are indicated);
rights and obligations of the parties - the seller is obliged to transfer the property within a certain period, and the buyer must pay for it (in this section you need to indicate who is obliged to register the transaction);
cost and payment procedure - indicate the amount in rubles that is due to the seller, the method of payment (cash or transfer to a bank account), payment terms (before the transfer of the site, after the transfer or in parts);
liability measures (penalty for late payment, compensation for actual losses incurred due to the guilty actions of the counterparty);
final provisions - the procedure for resolving disputes, the duration of the agreement, the number of copies of the agreement, etc.;
signatures, surnames and initials of the parties.

The parties will need 3 copies of the agreement: one each for the buyer and seller, and another original will be stored in Rosreestr.

When the contract is concluded, the land is transferred to the ownership of the buyer . For this purpose, a transfer and acceptance certificate is signed. The buyer and seller can do without a transfer deed if they themselves indicate this in the contract: this procedure is established in Article 556 of the Civil Code of the Russian Federation.

Next, the buyer applies to Rosreestr to register his right to the plot.

For the procedure you will need:

application in the prescribed form;
2 originals of the purchase and sale agreement;
copies of passport pages;
confirmation of payment of state duty;
power of attorney and passport of the representative, if the citizen has transferred the right to represent his interests to another person.

You can contact Rosreestr:

in person by coming to the office;
by sending an application by mail;
through the MFC;
electronic;
at home (available to veterans and disabled people of the Second World War, disabled people of groups 1 and 2).

Important! You can contact Rosreestr before completing all payments under the contract.

The citizen submits documents to the registrar. Rosreestr specialists enter information into the land cadastre, which takes up to 10 working days. After this, 1 original agreement with a registration mark is returned to the new owner. At the request of the owner, an extract from the Unified State Register with up-to-date information is issued.

The following expenses are borne by the seller of the allotment during the registration process:

300 rubles for issuing an extract from the Unified State Register of Real Estate;
255 rubles for a certificate from the BTI;
from 1600 to 2000 rubles you need to pay for certificates from the IPA and ND;
from 1,100 rubles will be required to obtain the spouse’s consent to complete the transaction from a notary.

The buyer pays 2,000 rubles for registering the agreement with Rosreestr. These costs can also be borne by the seller by mutual agreement of the parties.

How does the deal happen?

In order to make the transaction more secure, it is customary to conclude a preliminary agreement in addition to the main one. It is recommended to take into account the following:

You must indicate the date when the transaction will be concluded.
It is determined whether the buyer will provide a guarantee and what its amount should be. In most cases, it is customary to set the payment amount to 5% of the transaction amount.
As a rule, if the buyer refuses to pay the remaining funds, the guarantee amount remains with the seller. This guarantees the seriousness of the intentions of the parties to the transaction. On the other hand, if the failure of the transaction is the fault of the seller, then the advance payment must be returned to the buyer and, in addition, the same amount must be paid additionally.

Such an agreement must be certified by a notary.

Sample preliminary agreement for the sale of any real estate

Private individuals have the right to make payments both in cash and in non-cash form. A convenient option for conducting them is when the advance payment occurs in the presence of a notary, and the rest of the amount is transferred to the seller’s bank account.

Transfer of money from buyer to seller can occur in the following ways:

Funds are transferred from one bank account to another.
The buyer's cash is deposited into the seller's current account.
Cash is transferred in the presence of a notary.

Sometimes cash payments are made as follows. They place the money in a safe deposit box and sign an agreement with the bank about under what conditions and upon provision of what documents the seller will have access to it.

See also: Catalog of the most popular sites in the Moscow region presented at the “Low-Rise Country” exhibition.

Video description

About the documents that are necessary to conclude a transaction for the sale and purchase of a land plot in the video:

Agreement

It can only be concluded with a seller who is the owner of the site and has a set of all the necessary supporting documents.

The agreement must address the essential terms relating to the transaction price and the subject of sale.

The seller can determine the price by studying similar offers on the market. Another way is to contact professional appraisers. They will do this by charging the appropriate fee.

It is important in the contract not only to indicate the essential circumstances of the sale, but also to provide specific details of the registration procedure.

For example:

Terms and procedure for payment of funds.
Should a deposit be used?
If the seller does not have all the necessary documents, you can set a deadline before which he must provide them.

You also need to determine whether the transaction needs to be certified by a notary. If the seller's ownership of the land is shared, then this is a mandatory requirement. Otherwise, such assurance may be made at the request of the participants.

If the seller is a minor, the consent of the guardianship authorities and parents will be required.

Guardianship authorities cannot always authorize the sale of a minor’s property

Video description

About registration of ownership rights to a land plot in the video:
It is not necessary to present a receipt when registering, since information about payment is stored in the corresponding database. However, if you present it, this will help avoid possible misunderstandings.

Here are the documents needed to formalize the purchase and sale of a land plot:

Application for registration.
Agreement prepared in triplicate.
Identification documents of the parties to the agreement. If there are representatives among them, they provide powers of attorney confirming their authority.
If the seller is married, a notarized permission from the wife or husband is required.
Title documents giving the seller the right to dispose of the site.
A deed that certifies the transfer of land.

Buying a plot with a house

If there is a purchase and sale of a house with a plot of land, then in this case the seller must provide documents for the land and the house that is located on it. All real estate sold must be registered with Rosreestr.

When determining the value of the transaction, you can use the work of appraisers who can correctly take into account the location of the site and the house.

In addition to the documents for the plot during registration, you must provide those that relate to the house:

Those on the basis of which the right of ownership to it arose.
An extract from the house register will be required.
If there are registered residents in the house, it is necessary to formalize the buyer’s relationship with them: they either remain to live there or give a written obligation to leave when the house is transferred.
You must provide a certificate stating that there are no tax debts.
An extract from the Unified Register relating to the ownership of the house.
Cadastral passport for housing.

By submitting the listed documents to Rosreestr, the certificate can be received no later than 10 days later.

Is it advisable to buy land in SNT?

Such a site has its advantages and disadvantages. To understand whether you need such land or not, it is worth conducting an analysis of your needs, goals, and options for using the site. Let's look at them in more detail.

Differences between SNT and individual housing construction and DNP:

It is allowed to build households on the individual housing construction site (no more than 3 floors). While the construction of residential buildings is not permitted on the territory of SNT and DNP;
By purchasing a property in SNT, a person receives land far from the city or densely populated village. Often the land is located in rural areas. While individual housing construction territories are most often located in the vicinity of the city or in villages;
the SNT and DNP site may be located in a place where roads and power lines are not laid. Such lands were not initially intended for housing development. But the lands of individual housing construction are intended exclusively for the construction of residential buildings on them. As a result of this, the authorities of cities and regional centers undertake to lay electricity and road surfaces to the territories of individual housing construction.

Disadvantages of SNT:

For those who want to buy a plot to build a residential building where they can register, it is better not to stop their attention on SNT. The fact is that any buildings on the territory of SNT are nothing more than garden houses. This applies to both small buildings and large cottages. It is not profitable to have such property, since from the legal side it cannot be registered as a residential building. Yes, not so long ago, the Constitutional Court of the Russian Federation allowed the registration of individuals and legal entities in buildings on SNT, however, in order to do this, a person will need to collect a lot of documents and spend time;
It is almost impossible to get a loan for such land. Banks refuse to provide mortgages for the purchase of land in SNT. Despite the fact that such real estate properties can bring serious profits from agriculture, banks either do not provide mortgages for SNT, or place too high a bet on such a loan;
If there is no power line or road to your site, you will have to correct the situation yourself. Authorities are not legally required to provide road surfaces and electricity to gardening partnerships.

Despite the fact that SNT has significant disadvantages compared to other types of land, it also has its advantages:

the land in the garden non-profit partnership is much better in terms of fertility and productivity;
territories for the creation of gardening non-profit partnerships are allocated in ecological regions of the country. The area is clean and not polluted by household waste from factories and other enterprises;
Due to the fact that SNT are located far from the city and residential buildings cannot be built on such lands, such a plot costs much less than a plot of the same size with the purpose of individual housing construction.