Sequence of paperwork when purchasing a plot

Buying a dacha in SNT is a responsible matter in our time. In order to avoid becoming a victim of scammers, black realtors and unscrupulous sellers, you need to know how to formalize the purchase of a summer house in SNT and what documents the seller should have for a plot of land and a country house. Let's look at how to arrange the purchase of a summer cottage with a plot of land yourself and what you should pay special attention to when purchasing a summer cottage plot from a gardening partnership.

What you need to know when buying a summer house in SNT

What pitfalls await us when buying a dacha in SNT, even if all the documents are in order?

The dacha is part of the partnership, which means that certain rules of life and life have already been established among the members of the SNT. You definitely need to familiarize yourself with them, so that later you don’t get any unpleasant surprises in the form of fines from the board, for example, for not mowing the area behind the fence on time.

Some owners try to get rid of their summer cottages when they learn that a major construction of roads or other large structures is planned nearby, so it is better to check information about nearby developments with the local administration.

Even if the land plot is demarcated and has coordinates, they may not correspond to reality. You can check the coordinates by locating the points.

Before buying a dacha, don’t be lazy, find out what the neighbors are like! This is one of the important aspects of peaceful relaxation on your site in the future.

Beware of buying plots with a reduced price, and also be vigilant when the purchase and sale occurs by proxy, without the participation of the owner.

Purchase and sale without title papers

Many dacha plots put up for sale now were obtained during the USSR, when little attention was paid to title documents. Therefore, the purchase and sale of such plots is associated with hassle, additional waste of money and time. As a rule, all costs are borne by the buyer.

Registration of ownership of such a plot occurs in several stages:

• Collect documents and submit to local government authorities at the location of the land. Papers will be reviewed for at least 30 days to confirm the purchase of real estate;
• Additionally, the owner will be required to freely describe the site with all the buildings, indicating the boundaries, nearby objects, and landmarks;
• Submit a request for approval of land survey boundaries. At the same time, you should prepare documents confirming the purchase;
• Submit an application to obtain ownership of the plot of land.

When submitting documents for recognition as an owner, I may request additional documents.

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?”

Nuances: how to re-register a plot of land FOR A RELATIVE?

Re-registration of a land plot to a relative can also be based on purchase and sale . In this case, it is not necessary to take a receipt if the actions are of a formal nature. It should be noted that re-registration through a deed of sale to a close relative does not provide such advantages as receiving a tax deduction, that is, a refund of 13% of the cost of the property specified in the contract. At the same time, if the plot was owned for less than 3 years, payment of personal income tax in the amount of 13% of the value of one million is not canceled regardless of the degree of relationship.

But when you draw up a deed of gift in a notary’s office, in favor of a close relative, the cost of drawing up a gift agreement is reduced. And upon application submitted to the tax office, the requirement to pay personal income tax is canceled.

After death

The algorithm for re-registration of a land plot after the death of the owner differs from the standard one in several nuances.

After the death of a relative, the plot owned by him passes to close relatives in the form of a common inheritance mass. If there are no close relatives, relatives of other lines may lay claim to the property, moving away along the ascending and descending family branches. The inheritance mass is divided between the participants by drawing up an agreement. By agreement, the land plot received by several participants allows:

1. registration of ownership with allocation of shares;
2. redemption by a smaller number of heirs;
3. redemption by one heir;
4. refusal of some heirs in favor of others.

If the agreement is not drawn up, common ownership is formalized without allocating shares. Re-registration of ownership is carried out at the MFC upon provision of documentation for the title and certificate of inheritance. The fee is 2 thousand rubles.

What documents should the seller present when purchasing a summer house in SNT 2021?

Before buying a dacha in SNT, make sure that it really belongs to the seller and that he has all the necessary title documents.

According to the requirements of 2021, the seller must provide documents for the dacha:

A recent extract from the Unified State Register for the plot is the main document that will be needed when purchasing a summer house. As you know, certificates of ownership will not be issued since 2021. Instead, they use an extended extract from the Unified State Register of Real Estate, which contains all the main parameters of the dacha plot (coordinates, area, full name of the owner, etc.). There are cases when the seller has a certificate of ownership, but the land is not registered in the cadastral register. Here you need to be vigilant and it is better not to buy such a plot, but to wait until the owner registers the rights to it with Rosreestr.

Documents for a country house (extract from the Unified State Register of Real Estate);

Copy of the owner's passport;

Document – ​​the basis of ownership (sale and purchase agreement, court decision, certificate of inheritance);

Spouse's consent;

A certificate from a mental health center (not necessary, but desirable in order to prevent the transaction from being declared invalid);

If there are no documents for a country house, you will face the costs of preparing a technical plan and registering the house in the future. Otherwise, the dacha may be considered a squatter building.

After checking the documents for the dacha, you can begin concluding a purchase and sale agreement for a dacha plot (for information on how to draw up an agreement yourself, read the article: “Agreement for the purchase and sale of a land plot 2021 between individuals - features of registration through the MFC.”

Who can draw up an agreement

Citizens can contact a government agency with an already signed agreement and the necessary package of papers. They can be served:

1. Parties to the agreement.
2. Representatives of the owner of the site under 18 years of age (parents, guardians).
3. A person representing the interests of the seller and buyer. You will need to have a notarized power of attorney with you.

Important! When purchasing a plot of land without a house, ownership is registered in the allotment. If there is a residential building on it, then the buyer becomes the owner of the house, and the land will be classified as a local area.

How to buy a dacha and not be deceived

When you buy a dacha from a gardening partnership, you become a full member of the SNT, acquiring not only rights to the dacha, but also responsibilities.

The state in every possible way persuades people to register their properties in the cadastral register, but not everyone is in a hurry to do this for various reasons. Many people do not register their dachas with SNT to avoid paying extra taxes. Others are not ready to spend their time and money on proper paperwork, and some simply do not know that real estate in SNT - be it summer cottages, garden houses, or other fundamental buildings - must be registered with Rosreestr.

Therefore, many summer cottages in SNT are not registered in the cadastral register. How to buy a dacha and not be deceived?

Pitfalls when buying a summer house in SNT:

• Avoid purchasing dacha plots in SNT that have not undergone the land surveying procedure and have not been registered with the cadastral register, even if formally all the owner’s documents are in order. Keep in mind that the land surveying procedure costs money and requires coordination of boundaries with neighbors.
• A garden book is not a document confirming ownership, it speaks of membership in SNT! Read about whether you can or cannot buy a dacha using a garden book in a separate article.
• Rosreestr has the right to suspend the registration of a contract for the sale and purchase of a dacha in SNT, if there are legal grounds for this (read more about the suspension here). For example, the site does not have clear boundaries (not demarcated), the application was submitted by an inappropriate person, there are legal disputes regarding the site (seizure, etc.).
• If the owner sells the dacha through a proxy, do not be lazy and check the power of attorney for authenticity, there are different cases. Try to meet the owner and get a copy of his passport.
• If there are buildings on the dacha plot - a house, a bathhouse, outbuildings, etc. - check their cadastral registration, and also whether the buildings comply with all the standards for setbacks from the boundaries of the land plot.
• After receiving an extract from the Unified State Register for the site, check its boundaries by resorting to the services of a geodetic company - order the boundaries to be taken out in kind - this way you will protect yourself from possible serious problems in the future.
• Check the type of permitted use and purpose of the land, and whether the site is located in a zone with special conditions for the use of territories (ZUT). For example, buying a summer house in the area near an airfield, in a cultural heritage zone or in a water protection zone can result in significant difficulties when preparing documentation for a country house in the future.

How to obtain an extract from the Unified State Register of Real Estate

You can order an extract in several ways:

• By contacting the registry in person;
• By sending a request by mail;
• Via the Internet;
• Through the KTOTAM.PRO service.

Where is this certificate issued:

• Multifunctional center;
• Rosreestr;
• Cadastral chambers.

Before submitting, please do the following:

• Collect the necessary documents;
• Submit a request to the registration authority;
• Pay the state fee.

After 3 days you can pick up the finished statement.

Author: project Who Is There

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Grounds for re-registration

You can re-register ownership of yourself upon purchase, as well as register a land plot as your property solely on the basis of the existing right of use:

1. Lifetime inheritable ownership.
2. Permanent (unlimited) use.

This procedure means changing the design. Differing from the registration process, which can only concern the initial establishment of the legal status of a land plot “from scratch” to the full result, re-registration is based on existing stages. These include the forms of use of the site listed above.

That is, when registering land upon purchase, you contact the administration to provide a plot of land in your favor on the right of ownership, which is currently under its jurisdiction (possession). And when re-registering, you request permission to change the type of right. In this case, you are registering a new status of right in addition to the existing right of use in relation to your site.

In general, the re-registration of rights has the following types:

1. Re-registration of the existing right to a plot by re-registration.
2. Administrative procedure for recognition of rights.
3. Civil legal process of re-registration.
4. Recognition of property by filing a claim.

In some cases, the type of right to an existing plot is not indicated in title documents received before the introduction of the new Land Code.

In accordance with Article 36 of the Land Code of the Russian Federation, if the document does not indicate the type of right, or it is not possible to determine its status, ownership of the specified plot is determined as a property right. You can re-register the right to certifying documents through re-registration of the site at the regional department of cadastre and cartography. How to register a land plot as property by inheritance - read here.

When the certificate of title expressly states that ownership of the plot is carried out on the basis of permanent use or lifelong possession , recognition of the right is established in the administrative regime.

If you re-register your existing rights of use, the deadlines will be shorter and the financial costs will be less ruinous. That is, you will receive certain advantages. These include:

1. Re-registration based on privatization (free of charge).
2. Redemption at cadastral value.

The redemption process has the characteristics of civil legal relations in the re-registration of land. It is practically the only opportunity (with rare exceptions) to acquire ownership rights when registering land. The main difference lies in the established cost of the site:

1. When re-registering, the redemption amount should not be set higher than the cadastral value of the plot.
2. When registering, the market value is usually established.

A court decision must be resorted to in cases where:

1. The title documents have been lost.
2. The recognition of rights in administrative proceedings was not carried out for certain reasons.

A positive court ruling has legal force equal to an administrative act recognizing a right. Typically, a positive court decision is granted when the owner of an existing capital building claims to re-register the site under the house he built free of charge. What forms and types of ownership of land exist - read here.

What lands are prohibited from being transferred into private ownership?

• Streets, embankments, squares, city parks and public gardens;
• Cemeteries, burial grounds and storage facilities for hazardous substances;
• Territories where nuclear energy facilities are located;
• Nature reserves, national parks, and other protected areas;
• Areas belonging to the armed forces of the Russian Federation;
• Exclusion near transport routes, airports and ports.

All restrictions can be found in Article 27 of the Land Code and Article 28 of the Federal Law of the Russian Federation. To check the status of the site, you need to contact the Rosregister.

How to become the owner of a leased territory

Back in 2001, the new land code of the Russian Federation came into force; it states that citizens can be the owners of territory that is under permanent or fixed-term lease. If the territory of a given land plot was allocated according to the legislation of the USSR and used for residential construction, then the right of ownership can be registered completely free of charge. You can only take advantage of this benefit when:

• Built and became the owner of a country house, garage, bathhouse or outbuilding;
• They built and put into operation, and also became the owner of a private house;
• Enter the gardening cooperative.

Until the end of 2021, members of gardening partnerships and cooperatives could complete the registration procedure in a simplified manner.

The following citizens are entitled to receive a free plot of land:

• Disabled people;
• Veterans of the Great Patriotic War;
• Orphans;
• Large families;
• Military personnel who served for more than 10 years;
• Employees of internal affairs bodies with more than 15 years of work experience;
• Young professionals who are in agriculture;
• All other beneficiaries.

If the plot has not yet been developed, you will have to pay its average market price.

Possible reasons for refusal

The reasons for refusal to issue a cadastral passport for land are regulated by paragraph 9 of Article 14 of Federal Law No. 221-FZ. There are only two reasons for refusal:

• provision of information from the state cadastre is prohibited by the current legislation of the Russian Federation;
• the requested information on a specific land plot is not available in the state cadastre.

If the application is rejected, the applicant will receive a refusal within five days from the date of submission of documents.

Escrow accounts are one of the safest and most reliable ways to pay for a purchased apartment. Do you want to take part in the program to receive land for your third child? You can read about the terms and conditions of this program here. A large family has the right to receive free land. What documents need to be prepared for this, read our article.

How much does it cost to register land ownership?

There are two mandatory fees in registering property rights: payment for the state registration process and state duty for the MFC.

If we talk about the cost of registration in the state register, it will be 2000 rubles. for citizens, if the plot is registered as ownership under individual housing construction, or 22,000 rubles. for organizations. The amount of the state duty will depend on the purpose of the territory, the owner and the documents that are the basis for obtaining the right of ownership. A duty will also be charged on the land, its size will depend on the family relationship with the testator, this is 0.3 percent of the assessed value of real estate for close relatives, but this amount cannot exceed 100,000 rubles, as well as 0.6 percent of the value territory for 2nd line relatives, this amount can be no more than 1,000,000 rubles.

If the original certificate of ownership is lost, then you will also have to pay to obtain a duplicate; individuals will pay 350 rubles, and legal entities will pay 1000 rubles.

In the process of collecting documents, it will be necessary to pay for the work of research and design bureaus. To compile a relief map, you will need a geodetic survey, its price will vary from 8,000 rubles. up to 15,000 rub. The design of the plan will be handled by the architecture department and the federal agency's real estate certificate. To determine the boundary and conduct land surveying, you need to pay for the services of a survey agent or land management company; you need approximately 5,000 to 9,000 rubles. The whole procedure requires not only financial costs, but also time. If you carry out the entire process correctly, eliminating absolutely all errors and inaccuracies as much as possible, then it will take up to three months.

If you do not want to waste your time and effort to prepare all the necessary documents, then you can contact a special office that can register the plots as private property. Also, specialists will accompany you all the time, they will check all the possibilities. You will need to provide personal information and make a notarized power of attorney for the company. The services of such a company will cost 10,000 - 15,000 rubles. or more, the cost will increase if the territory you choose is required for doing business.

How to save money when paying for registration services

To receive a discount when paying state fees, you can use a single portal of state, municipal and regional services to transfer money. Thus, you will save 30% of the cost. For example, if the payment is 2000 rubles, then in this way you will pay 1400 rubles. You will not only save money, but also time; it will take not nine days, but one working day.

The following lands can be transferred into ownership without state duty:

• State and municipal ownership;
• Areas intended for reindeer herding;
• Sites located on the territory of regions joining the Russian Federation;
• Preferential citizens;
• State authorities;
• Representative office of the Central Bank of the Russian Federation.

Moreover, the state duty may not be paid by those owners who are forced to go through the procedure for registering a land plot due to amendments to the legislation.