Any real estate transaction requires the signing of a purchase and sale agreement.
In the case of purchasing a summer house, it is recommended to first make sure that the seller has ownership rights to the house.
After all, dachas are often built independently. But not only the seller must prepare a set of documents. There are certain requirements for the buyer.
Legal regulation
The purchase of a summer house with a plot of land is fully regulated by the Civil Code of the Russian Federation. For example, in Art. 223 determines the moment of transfer of real estate or other property into the ownership of a new user. And in Art. 454 fixed the definition of a purchase and sale agreement.
In accordance with the Civil Code, the parties must enter into a purchase and sale agreement in writing. After which it is necessary to register the transfer of ownership to the buyer.
Additionally, you can familiarize yourself with the order of the Ministry of Economic Development No. 540 “On approval of the classifier of types of permitted land use.” The regulation lists the categories of land and permitted work. This will help determine the necessary documents at the stage of drawing up the contract.
For example, it is prohibited to build houses on land intended for personal farming in the field. The dacha on the site is a self-built building that has no documents. It is not recommended to buy such property.
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.
Papers from the buyer
When purchasing a summer house with a plot of land, the buyer is subject to minimum document requirements. To buy a dacha with a plot of land, one passport is enough.
However, other documents may be required:
Application for a transaction addressed to the chairman of the SNT, if the dacha is part of a gardening partnership.
The application is written after the conclusion of the contract and registration of property rights. Its main purpose is to replace the name of the seller of the dacha with the name of the buyer.Membership in the gardening partnership will be transferred to the new owner, and he will be able to participate in meetings.
- A document confirming solvency if the dacha is purchased on credit/mortgage. It is enough to provide a bank statement or loan agreement.
- Lease contract. If several buyers apply for a dacha at once, priority is given to the one who previously used the property under a lease agreement.
- Notarized consent of the spouse for a buyer who is married.
The requirement to have the latest document is controversial. The obligation to provide spousal consent existed until 2013, when the sales contract had to be registered. However, in 2021 only the transfer of ownership is registered. Corresponding changes were made to the Civil Code.
In 2015, the Ministry of Economic Development issued an order with a list of documents required for the purchase of land. Among them was the consent of the second spouse when purchasing land. However, in the same year, this order was declared illegitimate by the court. Until now, registration authorities can require the written consent of the second spouse.
Note! Even if the purchase and sale agreement is registered in Rosreestr in the husband’s name without the wife’s written and notarized consent, the spouse has the right to half of the property. It is jointly acquired, unless otherwise specified in the marriage contract.
What do you need to know when purchasing a plot of land from SNT?
Selecting a site for SNT is a very important stage and requires considerable time and
cash costs. Therefore, before purchasing land, you should carefully study the parameters of the future acquisition.
A very important characteristic of a site is its location. So, you should avoid popular destinations, otherwise you will have to stand in traffic jams for many hours to get to your dacha. It is also worth evaluating the possibility of getting to the site by alternative methods - by train or bus.
Another important point is the shape of the site.
If the site has a non-standard shape, this may complicate the construction of a building on it.
Thus, according to fire safety standards, the distance from the edge of the site to the building should be at least 1-5 meters.
If you take the risk of buying land on a slope, you may be subject to flooding every year in the spring. Pay attention to the proximity of railway tracks, power lines, polluted water bodies and landfills. They can significantly spoil the entire impression of being in nature. It is worth making sure that highways, an industrial enterprise or an airport, as well as other objects unfavorable for the environment, will not be built nearby in the near future.
To complete a purchase and sale transaction, the plot must be registered in the cadastral register, and it is also worth checking the land surveying. On site you can make sure that the boundaries are drawn correctly.
If the purchase of land acts as an investment, then it is worth assessing its attractiveness for purchase by the state.
If there is a building on the land, it is worth asking the owners about all its details : the year of construction, the materials used, the degree of wear and possible defects. All this directly affects the price of the house. Thus, the price of a brick house usually starts from 2 million rubles, while a dacha made of timber or a panel structure can cost from 500 thousand rubles. up to 1.5 million rubles
In some cases, you should not skimp on the services of a professional appraiser, who will be able to point out to you all the existing shortcomings of the building, which can entail considerable financial costs.
He will also conduct an examination of communication networks.
As a result, the appraiser will indicate a fair price for the site and protect you from overpaying.
It’s worth talking to your neighbors in the country. They can point you to some
shortcomings or nuances that you did not pay attention to.
It would be nice to get to know the SNT board. Here you can find out if the current owner has any debts to make mandatory payments to the garden partnership. Also ask for the procedure for joining the partnership.
It is also worth finding out whether there are any lawsuits regarding the land being purchased. The district court may provide such information.
Parents are usually interested in the question of what documents are needed to register a newborn child. Do you want to rent land from the administration with the right of subsequent purchase? A step-by-step algorithm for this procedure is described here.
Do you want to give a relative a valuable gift in the form of land? All features are described in our article.
What documents are needed from the seller?
You can only sell property that you own. Therefore, the seller must confirm his rights to the dacha, which means the set of documents is quite large.
A citizen has the right to sell a dacha located on someone else’s property. The new owner will have the right to use the land on the same basis as the previous one.
The seller must present:
- USRN extract for the house and plot;
- cadastral passport and land plan;
- land surveying documents;
- paper confirming the acquisition of property rights (sale and purchase agreement, gift, inheritance);
- certificate of no debt;
- consent of the spouse, including the former, to the sale of land.
A certificate of ownership can be attached to this kit. However, in 2021 this is not necessary, because... Just like the cadastral passport, an extract from the Unified State Register is replaced.
Among the papers is the spouse's consent to the sale. It must be notarized. If the buyer is not required to have this document today, then the seller is required to do so. If the seller received the dacha while he was married, but was divorced by the time of resale, then the consent of the ex-spouse is required.
Exceptions will be:
- availability of a court decision on the division of property;
- existence of a marriage contract;
- gratuitous acquisition of a summer house with a plot (inheritance, donation).
Important! The seller bears all expenses for preparing the documents. Debts on utilities and payments for membership in SNT are also recommended to be closed before concluding a purchase and sale agreement.
Is it possible to buy a dacha without land surveying in 2021
In 2021, the issue of buying a summer house without land surveying has become very relevant. Every year the legal requirements regarding registration of the purchase and sale of real estate become more stringent.
It is still possible to buy a dacha without land surveying, but it is better to protect yourself from unnecessary problems.
We wrote details about whether it is possible to sell a dacha or garden plot without land surveying, and what restrictions exist on the sale of land, in the article: “Is it possible to sell a plot of land without land surveying?”
Contract for the sale and purchase of a country house with land
A lawyer will help you draw up a contract for the sale and purchase of a dacha with a plot of land. He will take into account the individual characteristics of the transaction and explain all points to the parties.
The standard agreement contains the following clauses (the names of sections and their sequence are preserved):
- Representation of the parties. This clause is untitled in the contract.
Here the seller and buyer declare their roles. Petr Alekseevich Ivanov, born December 12, 1990, passport series and number 1111 222222, hereinafter referred to as “Seller”, and Maria Vasilievna Petrova, born April 30, 1984, passport series and number 2222 333333, hereinafter referred to as “Buyer” enter into an agreement about the following. - Object of the contract . This section describes in detail the property for sale. The exact address of the house is indicated, as well as the cadastral number of the plot. Additional characteristics of the objects are also indicated here. For example, if in addition to the house there is an outbuilding on the site, it must also be indicated in this paragraph. You can even specify the number of garden trees.
- Rights and obligations of the parties . The Civil Code provides that after the sale, the new owner has the right to enjoy all the material benefits of the property. However, it is recommended to stipulate in the contract that the seller transfers the plot along with the house and other property. And the buyer undertakes to accept the property and make payment within the agreed time frame.
- Price . It is recommended to indicate a separate cost for the dacha and the plot. It is not advisable to write a low price, because... in case of termination of the contract, the buyer will not return all the money spent.
- Payment method . The document must indicate how the money will be transferred to the seller. In the case of purchase by installments or credit, these circumstances are also stated in this section. For example. The Buyer undertakes to deposit 500 thousand rubles into the Seller’s account No. 111111111111 within 3 business days after signing the Agreement.
- Date, signature and information about the parties to the transaction.
The simplified purchase and sale agreement does not need to include information about ownership of the land and plot, absence of debts, etc.
At the end, you need to make the “Appendix” item and list the papers on the seller’s side . The agreement itself is drawn up in 3 copies - one for each party and one set for Rosreestr.
Reference! It is also recommended to draw up a transfer and acceptance certificate for the site.
What cannot be demanded?
Previously, complete sets of documents from the seller and buyer were indicated. The buyer may additionally request an extract from the house register to confirm that no one except the seller is registered at the dacha.
The same certificate can be obtained from SNT if the site is not privatized. Here you can clarify the existence of debts to the current owner, but no more.
The buyer has no right to demand extracts from meetings of owners . This information is closed only to current plot owners. It is also impossible to request the consent of other members of the SNT to sell the site. Privatized land does not require such permits.
How do shares arise?
Before buying half (or another part) of the house, you need to find out why exactly the part is being sold, and the history of the rights. A frequent case is when several people inherit a house, for example, in equal shares, and one of the heirs sells their share.
Also, shared ownership can arise as a result of the division of property between former spouses, the construction of a common house by agreement for several families, etc. The owner of a share has the right to own, use and dispose of his property in accordance with the law. That is, part of the house can be sold, donated or used for personal residence.
It is important to understand: if a share in kind is not allocated, disputes and disagreements will inevitably arise with neighboring co-owners. In such cases, the procedure for using shares in common property can be determined with the involvement of judicial authorities.
It is better to allocate a share physically, but this is not always possible: the allocated premises must be isolated, have independent communications and a separate entrance. This usually entails redevelopment, which is subject to official registration.
Without going to court, you can allocate a share in the common property. For this:
- Agree with co-owners on the allocation of shares.
- Rebuild the house so that it can be divided taking into account the requirements of all residents.
- Get a new registration certificate by ordering it through the Cadastral Chamber.
