Purchasing land for individual housing construction: features and risks

Buying land for individual housing construction: how to do everything right?

Transactions on the land market are often challenged in the courts. And not only by the participants, but also by local authorities.

When purchasing a plot for individual housing construction, you should be wary of:

old documents for land (for example, before 1998), not reissued at the right time;
indication in the USRN extract of any other type of permitted use other than individual housing construction;
encumbrances, for example, bank pledge, judicial arrest in connection with a lawsuit filed by former owners (checked through the Unified State Register of Real Estate and by sending requests to the court in the area where the site is located);
the presence of power lines, heating networks, communication nodes (this is always noted in the USRN extract as a restriction in use);
the presence of any formal easement with authorities or services;
unauthorized construction on the site or a waste dump;
the site is located next to a military camp, a sanitary area, in a zone with special conditions, near the state border.

All these little things can turn into lawsuits or bans in the future. “I bought a plot of land for individual housing construction, but it turned out that there was a heating main on it. Construction of a house according to the project in compliance with the norms on the distance between networks and residential buildings becomes impossible. I was forced to file a lawsuit against the seller, since he hid this fact from me, and no official easement was issued and no restrictions were registered,” says the land buyer.

The court found that the seller, despite having documents for the plot, did not have the right to sell it for individual housing construction, since its purpose was a blocked residential development. The buyer did not know anything about these nuances and was planning a large-scale construction of a separate building with different approaches.

Buyers often learn about the prohibitions after purchasing a plot and starting the notification procedure with local authorities regarding individual housing construction. “I purchased a plot of land for individual housing construction and sent a notification to the District Administration about the planned reconstruction of an unfinished house that was located there. I received a refusal due to the location of the facility in the power supply security zone,” said one of the victims. He tried to obtain a notice for reconstruction through the court, but his claim was denied.

You also always need to find out whether there is a tenant at the house or unfinished site on the site for individual housing construction, since by law he has the right to use the site plus he has the right of first refusal. If his interests are circumvented, he may go to court and demand termination of the contract.

The owner of the site is obliged to inform the buyer about the restrictions on its use. But in practice, information rarely occurs, because it always affects the price. If, after purchasing the land, it turns out that construction is not prohibited on it, then the new owner has the right to demand termination of the contract and the return of money through the court.

In an effort to save money, buyers also agree to purchase land for a different purpose, hoping to change its status to individual housing construction. Only lawyers specializing in land law should agree to such transactions. For example, land cannot be transferred if it is located far outside the city and is not adjacent to any settlement. There may also be a moratorium on the transfer of agricultural land to individual housing construction, for example, if there is a shortage of plots for growing crops in the region. If all these nuances are unknown to you, then it is better not to take risks and choose to buy land with the possibility of residential development.

Municipal land. Purchase of land from the administration.

More and more residents of megacities are thinking about a place where they could relax from the hustle and bustle, noise, and constant racing. The only option is a country house. For the most part, few people imagine how to acquire land ownership, because this is the first thing that needs to be done before buying land and starting to build a house. To save you from hassle and unnecessary running around offices, we will give a brief guide to action. First, you need to decide whether you are choosing a primary or secondary market? If it is primary, then the municipal administration will provide you with land. If it is secondary, then ownership will pass to you from the previous owner. In the case of the secondary market, it is very important to be sure of the “purity” of the transaction. Check all title documents, the legal basis for the transfer of ownership, and the correctness of all papers. There are a huge number of nuances that are impossible to describe everything, and each case is individual, so just don’t take unnecessary risks and seek help from a lawyer. If you have chosen the primary market, then first submit an application to the local administration for the provision of a land plot. The application must indicate: - the purpose of use of the land (individual housing construction, personal farming, vegetable gardening, gardening, etc.), - the legal status of the site (ownership, lifelong inheritable possession, rent, etc.), - estimated dimensions , — location. Within a certain period of time, the local administration commission will consider your application. Next, the head of the local administration issues a resolution. If the result is negative, then a resolution or extract justifying the reasons for the refusal must be handed over to the citizen. You have the right to appeal this decision in court. In fact, there may be many reasons for refusal: lack of free land, impossibility of allocating land in the territory you indicated, the activity you indicated may be prohibited in this area, etc. Sometimes the administration’s methods of allocating land differ depending on whether you are whether you are a resident of this area or not. Often for permanent residents there is a waiting list and provision of free land, taking into account benefits. The following beneficiaries may apply for priority receipt of land: - citizens living in dilapidated and dilapidated houses that are subject to demolition; — citizens exposed to radiation as a result of the Chernobyl accident. - disabled people and WWII participants, - internationalist soldiers, - large families, etc. Each subject itself determines these categories of beneficiaries. If you are not a resident of this area, then you will most likely have to buy land. The cost will depend on many factors. The main one is the status of the land. Land prices are set by the subjects themselves. All materials of your land file will need to be coordinated with the authorities of architecture and urban planning, sanitary and fire supervision, nature protection and historical and cultural monuments. Each of these services will be required to issue you a conclusion with the seal and signature of the head. You can register a plot of land at a branch of the regional registration chamber. At the end of the entire procedure, you will receive a certificate of land ownership. You can begin to use the land plot only after the boundaries of the plot have been determined in situ and documents have been issued. The measurements must be made by land surveyors from the Federal Cadastral Service. The site can be developed only in accordance with the project, which must be developed and approved in the prescribed manner. These are all the actions that will have to be taken to become the happy owner of your own plot of land. Well, in the near future, your own home.

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All tips and tricks

The Cadastral Chamber informs you how to register an abandoned plot as property

According to Rosselkhoznadzor, today in the Russian Federation there are almost 384 million hectares of agricultural land, of which almost 40 million hectares remain unused. The Volga Federal District, which includes the Udmurt Republic, is in second place in the list of federal districts with the largest amount of abandoned land - 7.5 million hectares.

The state is taking various measures to bring abandoned lands into circulation. Specialists from the cadastral chamber of the Udmurt Republic explain how to act if you like an abandoned plot, and what to do if you are the owner of unused land.

How to find out who is the owner of an abandoned site

— First you need to find the cadastral number of the land plot. This can be done without leaving home, using the electronic service “Public Cadastral Map” (www.pkk5.rosreestr.ru) on the Rosreestr portal,” explains Anastasia Alalaeva, head of the information preparation department. – By zooming in on the map, you need to find the land plot of interest. To speed up the process, you can specify the exact address or town and street in the search bar. By clicking on a plot, you can get its cadastral number, size, cadastral value and form of ownership.

Having found out the cadastral number, you should contact one of the multifunctional centers in the region to obtain an extract from the Unified State Register of Real Estate about the main characteristics of real estate and registered rights. This extract contains a description of the property and information about its owner, type of property, presence of restrictions, arrests and encumbrances, etc. The extract will be ready in 5 days.

How to register an abandoned plot for yourself

- In paragraph 2 of Art. 47 of Law 66-FZ “On gardening, vegetable gardening and dacha non-profit associations of citizens” states that a gardener, gardener or summer resident may be deprived of property rights, lifelong inheritable possession, permanent (indefinite) use, fixed-term use or lease of a land plot for intentional or systematic violations provided for by land legislation,” clarifies the head of the legal department, Natalya Dergacheva. - In Art. 44 of the Land Code of the Russian Federation states that ownership of a land plot can be canceled in the event of alienation of property to other persons, in case of refusal of ownership of this plot or in the event of forcible seizure of a land plot, in accordance with current legislation. Guided by Art. 284 of the Civil Code of the Russian Federation, a land plot is confiscated from the owner if it is used for other purposes for three years, unless a longer time frame is specified by the relevant resolution. In accordance with Art. 285 of the Civil Code of the Russian Federation, a land plot can be seized from the owner if the use of the plot is carried out in gross violation of the rules for the rational use of land established by land legislation, in particular, if the plot is not used in accordance with its intended purpose or its use leads to a significant decrease in the fertility of agricultural land , or to a significant deterioration of the environmental situation. Thus, if you want to buy an abandoned plot, you can contact the district administration with a complaint about a violation of the procedure for using the land. The district administration will go to court with a demand to deprive ownership of the site due to its improper use, in accordance with Art. 286 of the Civil Code of the Russian Federation.

Natalya Dergacheva also notes that, according to paragraph 2 of Art. 225 of the Civil Code of the Russian Federation, ownerless real estate is accepted for registration by the body that carries out state registration of rights to real estate, upon application from the local government body in whose territory they are located. After the site has completed all these procedures and the land has been recognized as municipal property, those wishing to purchase the site must apply to the local government with an application for the right to use this site and allocate it to private ownership.

If the site has adjacent boundaries to the applicant’s site, then his application has a priority right and is considered first. If all procedures are completed correctly and all documents are properly completed, the administration reviews the application and allocates the plot to the applicant for a fee.

How to relinquish ownership

Abandoned plots are most often located far beyond the permanent residence of their owners, and such objects, for example, those inherited, are often forgotten by the owners until the tax notice for payment of property taxes arrives. Then a reasonable question arises: what to do?

— Property owners abandon land plots for various reasons. Most often, in the case when a person from one source or another (usually by inheritance) acquires ownership of a land plot that he does not use and which is not of interest to potential buyers, explains Olga Pantyukhina, head of the cadastral registration department. - For example, the site is located in a place that is not suitable for construction or for growing crops, or it is located very far from populated areas and roads - for example, somewhere in a village where no one lives anymore. Finding a buyer for such land is a very difficult task. Therefore, the site is idle, and the owner, nevertheless, has to pay taxes for it. Owners who received land plots for free in the 80s and 90s, but today live in the city, often abandon their property.

To renounce the rights to a land plot or land share, the owner must submit a corresponding application to one of the multifunctional centers in the region, as well as submit a document establishing or certifying the right to the land plot or land share. After registering the refusal in the Unified State Register of Real Estate, the former owner will receive a notification that the ownership of this plot is no longer assigned to him. This information will be communicated to the tax office and land tax will no longer be charged to the former owner. Land plots abandoned by their owners become the property of a city district, urban or rural settlement of a municipal district at the location of the land plot.

Mortgage on land

Many people want to purchase their own piece of land on which to build a residential building. If the plot is outside the city, then this is a great place for a family holiday, where you can enjoy nature and forget about all the city problems. The current real estate market offers a number of different options for those wishing to purchase land for development. But not everyone has the necessary financial resources. Therefore, for most it remains only a pipe dream. But there is still a way out of the situation - a mortgage on a land plot, which can be used by anyone who calculates their financial capabilities and is confident that they will be able to fulfill their loan obligations. This product has not yet received sufficient distribution, but every year it becomes more popular. Some people are put off by the more complex processing compared to standard lending. Banking organizations in our country introduced such an offer quite recently; just a couple of years ago, people simply could not fully know all the nuances.

Some features

As for the conditions for providing such a loan, they are as follows:

purchasing a summer house, building a house with outbuildings;
purchasing an empty plot of land;
construction of a country cottage;
funds are issued for a period of up to 30 years;
The minimum age of the applicant is 21 years;
the maximum age limit of the borrower is 75 years;
official employment;
registration on the territory of the Russian Federation;
stable monthly income, confirmed by a 2-NDFL certificate from the employer.

Some companies may make additional requirements, which should be checked on their websites or with company managers. A mortgage on a land plot is suitable for those citizens who do not have sufficient capital, but who have the opportunity to use a banking product.

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