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.
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.
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.
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.
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.”
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.
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.
