What to look for when buying a plot of land

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The decision to purchase a plot of land is often made for its subsequent use as a summer cottage, planting a vegetable garden, or for building a private house. There are quite a lot of advertisements for sale, you can choose the location and reasonable price. But it makes no sense to overpay intermediaries if you find a plot directly from the owner.

It is important in the matter of purchasing a land plot to check the title documents from the owner, as well as the correct execution of the transaction. The boundaries of the site must be clearly defined by law to avoid any problems with neighbors or the municipality. Land acquired by citizens through squatting cannot be officially registered and registered in the cadastral register.

The seller can be not only the owner of the plot, but also a realtor or other authorized person. In the first case, it is necessary to check the availability of a license to carry out activities, in the second - a notarized power of attorney. It is mandatory to indicate in the power of attorney the right to represent the interests of the owner when selling this particular plot of land.

Geometry of the site

The most successful option is with smooth borders, square or rectangular, with an aspect ratio of approximately one to two. It’s good if the area of ​​the site is quite large. Otherwise, neighbors will be too close to each other. Of course, ideal sites are not that common. But knowing these criteria will help you assess what you are willing to sacrifice and what you are never willing to sacrifice.

It will be nice if the area is flat, without holes, hummocks, or old trees. All this can be fixed, but will require additional costs.

Please note whether land surveying has been completed and whether the boundaries of the site have been clarified. This may not be the case if it was formed before 2000. To clarify the issue, find the site on the public map of Rosreestr by cadastral number. Actually, the very presence of such a number is a good sign. It’s even better if the boundaries of the territory are indicated on the map. Otherwise, ask the owner to carry out land surveying.

What needs to be checked?

In order not to get a headache along with the land, you should carefully read the property documents; this is necessary:

• to find out whether a person is actually the owner;
• in order to know that the plot of land is not under arrest or encumbrance.

To clarify these circumstances, you will need to study the extract from the Unified State Register for the specific plot of interest.

Ordering an extract from the USRN in the form of an electronic document is the most convenient way. We recommend the service on this page, it sends the finished document within from a few minutes to 3 hours. The document has an electronic signature of the registrar (EDS), confirming the accuracy of the information received from an official source. To obtain an extract, you will need to pay a state fee of 250 rubles.

An extract from the Unified State Register of Real Estate, which was recently ordered here.

Additionally, ask the owner for a boundary plan and check them with an extract from the Unified State Register of Real Estate. Land surveying is necessary in order to accurately know the boundaries of the site and coordinate them with neighbors.

If it is planned to build a residential building on it, it is necessary to have an individual housing construction. It is permissible to build country houses in gardening partnerships.

In addition to permission for individual housing construction for a site planned for the construction of a residential building, it is necessary to pay attention to the infrastructure next to it. These are the availability of travel, distance from roads, and the presence of communications near the plot.

If the right to the plot has not been established, it is better to refrain from the transaction, as problems may arise with its registration. This may not only be difficulties with land surveying, but also the presence of encumbrances, outstanding tax debt, etc.

You can entrust the verification of documents to a lawyer, then you can get from him:

• full historical information on the origin of rights and alienation;
• confirmation of the fact of land surveying;
• the presence or absence of encumbrances or restrictions on the land, as well as arrests and claims of third parties;
• Are there any economic activities on the land being sold (waste disposal, resource extraction, etc.)

If you choose this option, please contact our legal consultant.

Purpose of the land

Plots have different purposes, and you cannot do whatever you want with them. So it is important that the area suits your goals. For example, if you decide to build a house and live there all year round, the following plot will suit you:

• For individual housing construction on the lands of settlements (IHC). On such a site, it is possible, according to the Land Code of the Russian Federation, to erect capital structures and register them with temporary or permanent registration. This is the most obvious choice for your purposes.
• For running personal subsidiary plots (LPH) on the lands of populated areas. In general, such plots are intended for growing crops and breeding animals, but the addition of residential buildings to them is permitted by the Federal Law “On Personal Farming” dated July 7, 2003 No. 112-FZ, Article 4. Registration will also be fine. But if this is a private household plot on agricultural land, then construction here is prohibited by the Land Code of the Russian Federation, Article 79.

In some cases, Federal Law No. 217-FZ of July 29, 2017 allows capital structures on the lands of horticultural non-profit partnerships. But only if the site is located within the boundaries of the territory in relation to which the town planning regulations apply. In this case, the parameters of the site must correspond to the parameters of the individual housing construction object.

There are many rules, and in any incomprehensible situation it is better to consult with a lawyer, so that later you do not have to seek a construction permit through the court and do not be sad about wasted money.

You can find out the purpose of the site on the same public map of Rosreestr by cadastral number.

Required documents

The main document confirming the completion of the transaction is the purchase and sale agreement of the land plot between the seller and the buyer. But the owner must have the following documents before selling:

• seller's identification card;
• a document of title giving the opportunity to sell the plot. This is a land contract, a gift agreement, a certificate of inheritance, etc. It is this that is the basis for registering property rights;
• an extract from the Unified State Register as proof that the site has been registered with Rosreestr;
• boundary and cadastral plans;
• a certificate of absence of land tax debts, which is issued by the Federal Tax Service;
• consent of the spouse if the plot is in joint ownership. The document must be certified by a notary.

When purchasing land from a legal entity, check it on the official website of the Federal Tax Service and request statutory documents.

An extract from the Unified State Register of Real Estate gives a clear idea of ​​the removal of the boundaries of the land plot and confirms that the land surveying process has been completed. Therefore, ask the seller for this document, and to check the boundaries on the ground, you can use the public cadastral map.

Only after making sure that all documents are in order can you begin to draw up and sign the purchase and sale agreement.

Environment

When looking at the public map, feel free to see what lands are around you. Even if there are no buildings there now, their purpose may hint at possible problems. For example, if you have a territory nearby that is intended for industry, then an unpleasant plant may grow there.

For a better understanding, you can refer to the general plan. It is usually available on the municipality's website and tells how the area will be developed. Perhaps a school, a clinic and a playground will appear nearby. It could also be a noisy road or a monstrous high-rise building. It is better to know about all this in advance.

What to look for when choosing?

When choosing a land plot for individual housing construction, you should not rely only on the price. First of all, you should pay attention to the legal status of the land - purpose.

When choosing a territory for construction, it is better to give preference to areas owned by settlements, since organizational issues are resolved more easily with local authorities than with the state.

Important criteria are:

• allotment location
• land quality,
• availability of communications

Location of storage and soil quality

A land plot for individual housing construction, allocated by the municipal government, has an advantage: the administration undertakes to improve the access road and ensure the functioning of infrastructure, in accordance with the rules of residence.

This explains the inflated cost of the site. Not in every case the administration has the opportunity to take care of the infrastructure. The buyer must find out about this on his own . As practice shows, residents (buyers) provide the infrastructure themselves.

The condition of the land and soil is of no small importance. During residential construction, there is a possibility of constructing a structure on marshy, sandy terrain. Being in a lowland or on a hilly surface, the land can cause problems for the owner. To avoid problems, it is necessary to check the groundwater level by digging small depressions along the perimeter of the site.

Note! If water accumulates in the recesses within 1 hour, there is a risk of flooding.

The environmental situation also matters. It would not be superfluous to make sure that there are no manufacturing factories, factories, shooting ranges, landfills, etc. near the plot.

Checking the memory category and intended purpose

When purchasing a land plot, the category of permitted use matters.
Land plots purchased for individual housing construction are determined by the Cadastral Service. But there is a possibility of transferring an allotment from one category to another. For this purpose, each subject of the Russian Federation has a regulatory act providing for this translation.

More common is the change in purpose of agricultural land for individual housing construction. Since agricultural land is the most expensive, when transferring it, it is necessary to prove the feasibility and validity of changing the target permit. In this case, it often becomes necessary to pay arrears to the state.

Additional Information! It is better to change agricultural use in order to organize a peasant farm, which provides improved conditions for building a house.

Checking the availability of communications

When purchasing territory for individual housing construction, you should not take a plot around which there are no communications. Based on their availability, the price for the memory is determined. When purchasing a plot without installed communications, it is necessary to have an estimate of the cost and timing of further work to carry them out.

Please note:

1. To the water. It can be carried into the building through a common water supply (from a city, town, etc.). The owner has the right to supply water through an individual well.
2. For gas supply. If there is a pipe located near the site, there will be a source of heating for the house. Delivering gas cylinders is a tedious task, and installing a separate gas pipeline is an expensive service.
3. For electricity. Before you start building a house, you should find out the electricity supply to the area. In its absence, installing your own power generator will become an additional financial cost.
4. To the sewer. Providing urban comfort in a suburban area will be possible if there is a municipal sewer system near the site.

The low price for purchasing a charger should alert a potential buyer. This cost is due to the complexities and unforeseen situations associated with the communications system.

Documentation revision

A potential buyer can choose the right land on his own. But it is advisable to invite a specialist to check and complete the documentation. Before signing a purchase and sale agreement, it is necessary to study the land papers.

The current owner of the land plot must present:

• 
  certificate of ownership of the land (if purchased before 2021);

• certificates - confirmation of the transfer of ownership rights (purchase and sale agreement, power of attorney, etc.);
• a copy of the owner's passport;
• cadastral plan;
• layout of the land in relation to neighboring objects;
• an extract from the Unified State Register of Real Estate about the absence of encumbrances and restrictions on the territory (it also replaces the certificate of ownership in its absence);
• certificate of real estate valuation;
• paper on the type of permitted use (information is also contained in the USRN extract);
• certificate of no debt;
• consent to sale from the wife (husband).

In addition to these documents, the buyer has the right to request additional documents. Their list includes: papers confirming the absence of buildings on the land, certificates of the seller’s legal capacity, permission from the guardianship authorities (if the owner is a minor citizen), etc.

Obtaining information about collateral

Encumbrances on the land plot will not make it possible to use the land legally. To avoid such a problem, before purchasing, you need to check the plot for the presence of a deposit.

You can find out by ordering an extract from the Unified State Register online , or by submitting an application to the MFC/Rosreestr. After submitting the request, within 5 days the citizen will be given a certificate indicating the condition of the land. You can also check the territory for collateral on the Rosreestr website.

Read a detailed article about site inspection here.

Transport accessibility

Even if you plan to lead a hermit life, sometimes you will need to leave the site. That’s why it’s important to understand whether you can do it. So pay attention to whether there are roads and what they are like. Asphalt is better than dirt, because the latter can be washed away.

Find out if the trails are cleaned and who is responsible for them. For example, if these are lands inhabited by Federal Law dated October 6, 2003 N 131‑FZ (as amended on May 23, 2020) “On the general principles of organizing local self-government in the Russian Federation” clauses (according to the permitted type of use, and not according to your assumptions), then roads are managed by the local municipality. If agricultural, then you will have to make do on your own.

It is important to know how things are with public transport.

Even if you have a car, it's a good idea to have alternative ways to get around. Another important criterion is the throughput of the route. Being stuck in traffic jams is no fun, so a busy destination may make you change your mind.

Common methods of fraud

• The most common cases of fraud involve forgery of documents .
  The owner of the plot, for some reason, cannot appear at the meeting, and proxies act on his behalf. They may even have a notarized power of attorney, but in fact it is a fake. With the help of false documents, fraudsters can even sell the same plot several times. To avoid falling for this trick, be sure to meet the owner in person at some stage and make sure of his sanity.
• Another type of fraud is an offer to write down a cheaper transaction amount in the contract , allegedly for the purpose of incomplete payment of taxes (more information about the taxation of land purchase and sale can be found here).
  After this, the sellers find a reason why the transaction is considered void and return the money. But they do not pay the entire amount, but only what is specified in the contract. You can protect yourself from this scheme by conducting the entire financial transaction through a bank. It is not advisable to transfer money in cash.

So, when buying a plot, you need to come and inspect it in person and check that the documents are completed correctly. In addition, you need to make sure that the transaction is concluded with a person who has the right to own the property, and that other owners will not interfere with the transaction or try to terminate it.

Communications

When purchasing an apartment, you receive a connection to water supply, sewerage, electricity and (if provided) wholesale gas supply. When purchasing a plot, everything is not so clear. Definitely, the ability to connect to utility networks adds points to the chosen option.

But at the same time you need to pay attention to the distance to the required node. Still, there is a difference - to pull 10 meters of pipe from the main or 300. Some options have alternatives. For example, central sewerage is extremely convenient, but there are septic tanks. You need to take all this into account and calculate additional expenses before you buy a plot.

It is better to find out the details in the organizations that are responsible for the networks. They will tell you not only about the distance to connection points, but also about the availability of free capacity. If they are not there, then the nearby pipe is of no use to you.

The procedure for purchasing a land plot in 2021

Conventionally, the scheme for acquiring a land plot can be divided into several stages:

Search for a plot of land from the owner.

Search for advertisements on the Avito website. It is also possible to place an advertisement about your intention to buy a plot, indicating the required parameters. In this case, it is better to immediately indicate that you are interested in a plot sold only by the owner. Then you won't be bothered by intermediaries.

Inspection of the site before purchase.

Of course, no one intends to buy a “pig in a poke,” because the ad may indicate something completely different from what actually turns out to be. Call the seller and set up a meeting time. At the same time, ask to bring with you the necessary documents so that you can verify the accuracy of the data specified in the advertisement and in fact.

Measure the area yourself and check the results with the documents. This is necessary in case the certificate was received several years ago, but during this period there was an illegal redistribution of borders with neighbors.

Here you can bargain and try to reduce the price. It is no secret that the seller wants to earn more from the sale and sets the price a little higher in advance. The buyer can discuss the possibility of reducing it on the spot.

Verification of documents.

Before agreeing to a deal, you need to review the documents and match the data specified in them. Pay attention to the correspondence of the cadastral number in all documents. Be sure to specify the category of land to which this plot belongs.

Leave a deposit with the seller.

If the documents are in order and negotiations on the price have taken place, draw up a preliminary agreement, where you indicate the amount of the deposit. This is a kind of guarantee that the seller will not refuse the deal. Otherwise, he will have to return not only the deposit itself, but also the same amount in addition, i.e. double deposit size.

(read how to fill it out correctly here).

Conclusion of the final purchase and sale agreement.

Any transaction is documented through an agreement between the parties. The law does not provide for a strict form of the contract, but it is important to ensure that it contains the required details.

(read about correct filling here).

After signing the document by both parties, the required number of copies are transferred for registration to Rosreestr or MFC (one for each party and an additional copy for Rosreestr).

While waiting for your turn, we recommend that you carefully re-read the text of the document, pay the state fee and make a copy of the receipt.

Once you get to the registrar, sign all copies of the contract in his presence and give the money to the seller. In this case, the seller must write in each copy of the document with a pen with blue ink the text about the amount received in full. If the value of the plot under the contract is underestimated (in cases where the land is less than 5 years old), then the remaining funds can be transferred by receipt. In a week, Rosreestr will register the transaction and you will receive a stamped agreement at the MFC.

Obtaining an extract from the Unified State Register of Real Estate.

You can make sure that ownership of a plot of land has passed to the new owner by ordering an extract after receiving the agreement with a registration mark. This can be done directly at the MFC or through the electronic services of Rosreestr - you can find out more in this article .

Ground water level

The soil layer saturated with water can lie at different depths. And when buying a plot, it is important to understand which one. If the groundwater rises high, it will be very difficult to build a basement or cellar. They will be flooded at least in the spring during floods. And a regular foundation is not always suitable - it is often replaced with a pile foundation. This is also bad for plantings: waterlogging can be no less destructive than drought.

At the same time, if the artesian groundwater layer is very deep, then drilling a well to it will be difficult and expensive. And this is important if there is no other source of drinking water on the site.

The easiest way to find out how things are going with groundwater is to ask your neighbors.

If their basements flood every year, this speaks volumes about the state of affairs. Also ask how deep your neighbors' wells are. Playing the role of a young naturalist will also help: moisture-loving plants will indicate a high water level. For example, if willow and cattails grow on the border of the site, this does not mean anything good.

Another way to help clarify the situation while the site does not belong to you is to work with archives. You should contact an organization that deals with hydrogeology in your region. Or ask companies offering well drilling services. Usually they know everything and can share information with you for money.

Risks

1. If the owner is an elderly person and his behavior raises suspicions, it is advisable to obtain a certificate stating that he is not registered with a psycho-neurological dispensary. It is impossible to enter into a legal transaction with an insane person. His relatives can prove in court that the buyer does not have the right to settle on the plot, which he considers his own. It is unlikely that the money paid will be returned in full.
2. It is unsafe to purchase any real estate from minors.
   Without the written permission of the guardians, they have no right to enter into such transactions. If his parents act on behalf of a minor citizen, there is no guarantee that the process of purchasing property will go smoothly. The guardianship authorities may intervene with a statement that the transaction is not in the interests of the child, thereby violating his rights.
3. If you do not clarify the administration's plans for the nearby territory before purchasing, you may receive an unpleasant surprise in the form of news that the purchased house is subject to demolition. In return, of course, they will provide other housing, but the area and living conditions may turn out to be unsatisfactory.

Internal infrastructure

Living in nature requires a minimum set of infrastructure: roads, electricity and gas networks. Recently, the demand for fiber optic networks has been growing. For cottage villages, a perimeter fence is also especially distinguished, regardless of whether it is located in a field or near a populated area. But this factor is rather of a psychological nature.

Gardens

As a rule, there is no gas in Soviet gardens, and there are no conditions for it to ever appear there. Although there are exceptions. For example, the gardening partnership "Beryozka" near Aramilya and several SNTs in the village. Cool. But even realtors consider these gardens more like cottage villages. Electricity is nominally available in all SNT. Another thing is that most gardening partnerships were formed many years ago, and the amount of electricity for each plot can be allocated according to Soviet-era standards. Moreover, there are examples where the difference in load varies even among the streets of the same gardening community. The neighbor opposite may have constant interruptions. But as life in Soviet gardens has shown for more than a dozen years, life in them is completely peasant, autonomous, including a well and a toilet, and power outages are not scary for owners hardened by difficulties. But before purchasing land in a Soviet-style SNT, it would be useful to make a request to the energy supply organization to see if there is a possibility of increasing the power of the electrical grid in the area. If one of IDGC’s divisions is responsible for power supply to the territory, then the request can be made through the company’s online reception, or by visiting one of the customer service centers.

Cottage villages

Cottage villages of modern format differ from garden associations, first of all, in the layout of common areas and roads. Internal roads in the cottage village are planned to be wider. The coating can be anything. In more expensive projects - asphalt cutting and even asphalt surfacing. In democratic ones - filling with crushed stone. There are examples even with well-trodden ground.

Alexey Muravyov

Leading specialist of the country real estate department

I note that the standards for construction and architectural planning for a cottage community differ from the standards for gardening partnerships. For example, the width of roads in a cottage community should be at least 12 m, in SNT - at least 6 m.

Usually in cottage villages the first thing to be built is not gas, but a children's playground. But this is the last thing you should pay attention to. Often the playground is empty, children are in kindergarten or at school. But if there is a bad electricity and gas supply in the village, then the playground seems to be of no use.

With electricity, the situation is ambiguous. Different villages have different power per house. Here, too, you need to use information only from energy suppliers, as the most reliable.

There can also be “surprises” with gas. But in each individual project the situation must be assessed individually. If the village is more than 5 years old and there is still no gas, then you should think about it. And it may not just be the developer. The situation can also be hampered by government organizations themselves. But no matter who the reason is, if there is no gas in 5-6 years, it is better to wait with the purchase. Even if the developer shows a paper about those. connection to the gas network. However, if the village is young, then it is worth considering the time factor. The developer might simply not have time to do all the gas work. Here it is up to the buyer to decide whether he believes in the bright future of this village or not.

Svetlana Krasovitskaya

Director of Sverdlovskagrostroy LLC

Most buyers blindly believe the promises of developers who sell cottage communities. As a result, the developer sold the plots and disappeared, leaving the land owners without gas and electricity. People go to the gas workers, and they say that they did not plan to lay the pipe to this village. There are even cottage settlements to which it is impossible to connect a road, and the temporary access road used by residents passes through land that will soon be developed. In order not to be cut off from the world, the potential owner of the site should check how true the developer’s promises are. To begin with, you can send a request to the chief architect of the district or come to an appointment in person and ask about the prospects for a specific territory. As a rule, the chief district (city) architect holds receptions for citizens once a week. And, by the way, my experience says that not many people come to see him. Usually there isn't even a queue. In the request or during a personal meeting with the chief architect, you must indicate the cadastral number of the acquired plot. You can find it out from the developer or using the Public Cadastral Map.

Questions about the possibility of gasifying the village should be sent to JSC Gazprom Gas Distribution Yekaterinburg. This can be done by email addressed to Deputy General Director for Construction and Investments Shane Maxim Gennadievich at

Village/private sector

Development in the private sector is, as a rule, an already formed area with access roads and utility networks. However, you can often find the following wording in sales advertisements: “gas pipe around the perimeter of the site.” And this does not mean at all that you can connect to it.

Vladimir Voronov

lawyer, country real estate expert at Link Academy of Sciences

Do not delude yourself if a gas pipe has already been installed in the village. It may turn out that its limit has already been completely selected. You can find out whether it is possible to supply gas to your home only by obtaining technical conditions for connection from the gas supply organization. We directly hire the seller, go to the gas workers’ office and submit an application for technical specifications.

Additional trivia to know

It is clear that the main thing is a flat and dry area, however, there are nuances that can significantly complicate living in a country house. After inspecting the estate plot, proceed to a thorough study of everyday issues:

• Garbage removal . Oddly enough, such a service is not available in every village. If you are planning to live with a large family, then this issue is quite important for you. There is an alternative - private companies that will come to your home once a month or quarter. You can add septic tank cleaning to this item. Look at the options for driving the car onto the site, and also estimate the future location of the cesspool.
• Neighbors have pets or farm animals . For a city person who wants to live a quiet life outside the city, silence will be a fundamental issue. Therefore, go around to all your neighbors in advance and talk unobtrusively.
• Urban transport . Despite the fact that in the modern world almost every person has a personal car, a public transport stop nearby will definitely not be superfluous. As a rule, car services are far away and it is not a fact that in winter you will be able to reach it. Fundamentally consider some autonomy from the system as an alternative way to solve current problems.

The more information on the site at the purchase planning stage, the fewer unpleasant surprises and costs in the future during construction and operation Source zen.yandex.uz