Home / Pensions and benefits / Is it possible to buy a house if the land is not privatized in 2021
Legal ownership of a private house is inseparably linked to the legal relationship regarding the plot of land on which it is located. The land under the house is not always owned by its owner. Privatization of a plot makes it possible to fully dispose of it.
Privatization of land for free is possible for those persons who legally owned it and built a private house on it. In this case, the house may be registered as a property or not registered, but purchased or built before the new Land Code came into force (October 30, 2001).
- application for the provision of a plot of land from the category of municipal or state property into private ownership. If the site is newly formed or requires clarification of boundaries, then a statement of its preliminary approval;
- the applicant’s passport and power of attorney if the application is submitted through a representative;
- a document according to which a citizen has the right to claim a given plot of land;
- boundary plan - a diagram of the location of a plot of land. Required in the case when it is newly formed and there is no project for surveying the territory where the site is located;
- if the site has already been formed, then you can attach an extract from the Unified State Register. Submission of an extract by the applicant may expedite the consideration of the matter.
If there are any other buildings on the privatized land, they can also be registered at the same time as the house. But the law does not oblige you to do this, and many simply do not want to pay taxes on real estate, because this is an additional expense for the family budget.
The land plot under the garage must be privatized so as not to lose it at the will of the municipal authorities. First, ownership of the garage is registered, the citizen becomes its owner and an extract from the Unified State Register serves as proof. Moreover, the land under it is the property of the state and does not belong to the citizen.
This is possible after the division of the plot has been carried out; it is necessary to invite a cadastral engineer and carry out the procedure of demarcation and registration of two plots with the cadastral register, one with a house, the other free. After this, you can sell the house with the plot on which the house is actually located. But in this case, it is necessary to comply with the minimum sizes of land plots for a specific area.
According to the law, a house and a plot are a single property complex, this is declared by Article 35 of the Land Code of the Russian Federation, therefore if a house is sold, then the land plot is also subject to simultaneous sale. For the transaction, two packages of documents are provided for the building and for the site.
In this case, the land may be leased; then, simultaneously with the purchase and sale agreement for the house, an agreement for the assignment of the lease right can be drawn up. The lease agreement must not be expired. All rights and obligations specified in the lease agreement will transfer to the new tenant.
A plot of land may belong to the owner of the house on the basis of an agreement for perpetual use, lifelong inheritable possession, that is, the basis is the use of this land plot, and not the property of the seller. In this case, a residential building or part of a house can be sold without land, but the purchase and sale agreement must indicate that the residential building is located on a land plot on the basis of such a document.
In principle, this situation should not exist, but it does happen, especially for old real estate (before 2001). This situation must be brought into compliance with the law. The owner of the house is obliged to register the plot under the house by purchasing it or signing a lease agreement with the owner of the plot.
The dacha amnesty refers to a simplified procedure for registering the owner’s rights to residential and garden buildings, as well as the land located under them. The rules for implementing the event change periodically, and the validity period is regularly extended. A bill providing for the extension of the dacha amnesty until March 1, 2026 is currently under consideration in the State Duma.
It takes at least 2-3 weeks to complete land surveying and cadastral work. It takes another half a month or even a month to prepare and conclude an agreement with municipal authorities. Certain time costs are required to prepare a set of documents submitted to Rosreestr. The registration period is 7 or 9 working days, depending on the method of submitting documentation. The first figure provides for contacting directly to Rosreestr, the second - to the MFC.
If the consent of the second owner for privatization is not obtained, an appeal to the court will be required. This leads to a significant delay in the process, and a positive decision from the judge is not guaranteed. Therefore, it is much easier and more correct to reach an agreement with all home owners.
The lack of formal ownership of the land under the house significantly limits the possibilities for selling, exchanging, leasing or making other transactions with housing. The fact is that not every potential buyer or tenant will be satisfied with a plot that does not belong to the owner of the house, but is at his disposal on the basis of some other rights, for example, rent or perpetual use.
The privatization agreement is signed by the new and old owner of the land. The document contains comprehensive information about the land plot, including information obtained as a result of land surveying and cadastral work. In this case, we are talking about the area and location of the land, the number of owners and their shares, the purpose of the site, etc.
Is it necessary to privatize the land under a private house?
First, it is necessary to obtain consent to registration from all co-owners. Without their permission, it will be impossible to register the land plot under the property, because the law in this case provides for the submission of a joint appeal to government agencies.
The application form has a unified form, established at the legislative level (issued by the local government free of charge). The owner of the building must fill out the application himself using black or blue paste. The form must include the following information:
Russian citizens who fall under the Federal Law on Dacha Amnesty can undergo the privatization procedure according to a simplified scheme. Other owners of private houses must follow a certain sequence of actions:
If a private house has several owners, then in order to undergo the privatization procedure you will have to obtain the written consent of the owners. If there are no objections from interested parties, the owners of the building contact the local administration with an application and a package of documents. If the papers are in order, the land plot will become private property in shares corresponding to the shares for housing.
For many years, people built houses on plots of land that they owned on the basis of agreements concluded with local authorities. Federal legislation allows the transfer of municipal plots to private ownership. To do this, Russian citizens need to go through the privatization procedure, which is accompanied by a number of features and nuances. Certain categories of foreigners who have fulfilled a number of conditions provided for by the legislation of the Russian Federation can also become owners of municipal land.
Selling a plot without land surveying in 2021: possibilities and realities
Simplification of the registration procedure should ensure streamlining of the real estate sector and resolve the problem of land squatting. Another important function of this program is to increase the number of taxpayers. Due to this, budget replenishment will increase.
But the lack of ownership rights does not allow you to donate, sell or carry out any other alienation transaction.
You can read legal advice, useful articles, download sample documents and consult a specialist.
Measurements of land and houses and the preparation of cadastral documents are carried out by cadastral engineers - specialists certified by Rosreestr. A cadastral engineer has the authority to register a property for cadastral registration.
The owner can determine the boundaries of the land on his own or with the involvement of authorized persons. The description contains:
- schematic placement of the plot in relation to neighboring plots;
- address of the allotment location;
- average sizes.
Moreover, many people specifically search for a house in bad weather in order to evaluate, for example, the work of utilities or to see possible leaks in the attic of a house that cannot be detected on clear days.
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.
How to privatize a summer cottage: step-by-step instructions
It is also better to inspect the house itself in bad weather. Weaknesses are immediately visible: a leaking roof, leaking windows, dampness in the basement.
One of the deception schemes at the country market is showing one dacha and selling... another. This happens already when signing a purchase and sale agreement, when a different cadastral number is indicated in the document.
Only the general meeting of SNT members is authorized to make a decision on withdrawal from membership and admission to SNT membership.
Note! The above regulations are used provided that the owner of the dacha plot does not have any documentation (except for the membership card).
Of course, this was not a legal sale and purchase, because the rights to real estate were not registered, the membership book was simply “rewritten” and the transaction was completed.
Now every property must be registered in the cadastral register. That is, the owner is obliged to register the land plot itself and the house located on it with cadastral registration. 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.
Few people know, but since the beginning of March 2015, our state has greatly facilitated the process of transferring our dacha into private ownership. People have already nicknamed it “dacha amnesty.” This is what we will talk about in this article.
How to privatize a plot in a gardening partnership and in what cases is this possible? The procedure for privatizing a garden plot: main stages and documents How to privatize a dacha in 2021? It often happens that the owners of plots in a dacha partnership or cooperative do not have any papers in their hands other than a garden (membership) book.
How to sell a non-privatized dacha in 2021
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.
By presenting the product in a favorable light, you can speed up the process of finding a buyer. The appearance and condition of the home play a big role in how quickly the transaction occurs.
It can be issued by the chairman of the board. In certain situations, this right is granted to local self-government structures, the land relations department or the city administration. Also, many banks do not consider properties at a distance of 50 km from the Moscow Ring Road, considering them illiquid. Thus, if you are going to buy a house with borrowed funds, you will be limited by banking requirements for a potential property, explains Victoria Kiryukhina.
Is it possible to sell a non-privatized dacha in 2021
On average in Russia, such a service will cost 10,000 rubles. It will cost much more only in the capital.
But you should know that from 2021 it will be impossible to dispose of a plot of land without certain boundaries. The final stage is registration of property rights in Rosreestr.
You can only buy real estate that belongs to the owner by right of ownership. Carefully study the seller's title documents.
The rest of the area will have to be purchased under an additional agreement, which scammers can take advantage of. It is best to visit the local authority responsible for real estate transactions before making a transaction. There it will be possible to determine whether the acquired land is suitable for the purposes pursued by the buyer.
