The Armed Forces have corrected another error with preferential purchase of land

Why should you contact us to purchase a plot of land?

Selling a plot of land in Moscow or the Moscow region as usual is a rather troublesome and costly task. You will need:

1. Enter into an agreement with a real estate company and reduce your profits by a significant percentage or do everything yourself.
2. Spend time and money showing the property to buyers. Few are willing to part with significant amounts of money without even seeing such a property.
3. Give advertisements constantly, raise them regularly, pay for promotion, because otherwise no one will know about you.
4. Bargain with potential buyers, delve into the intricacies of the transaction.
5. Take into account all the potential risks that the seller still has.

When contacting a real estate agency, you will not have any risks. You simply provide us with documents for the land plot, receive an advance, complete the transaction and receive the rest of the funds. Minimal participation is required from you. There will be no need to be distracted from current affairs. Moreover, the process itself will take only a couple of weeks, and not several months or more.

It is worth noting that our real estate agency offers particularly favorable terms of cooperation:

1. You receive an advance payment within 24 hours after providing a complete package of documents. Often money can be transferred faster.
2. The whole process takes about 2 weeks. This is an order of magnitude faster than a regular sale. And the specified time is determined only by the period required to register the transfer of ownership of real estate.
3. Transactions worth up to 12 million are approved automatically if there is a complete package of documents and everything is in order. If the land plot is more expensive, the conclusion of such a transaction can be discussed with our employees individually.
4. We buy any land plots that are located within 50 km from the Moscow Ring Road.
5. If you have any problems with paperwork, we are always ready to help. To do this, you can contact our employees and clarify the details. Our staff consists of experienced realtors who are well-versed in relevant issues.
6. With us you can be sure that the deal will not fall through. If you have received an advance payment, we will no longer refuse to purchase or sell the plot.
7. You will receive a reasoned response on the very first day of your application.
8. We can sell several plots or properties at the same time in a short period of time. We have allocated significant sums for the purchase of such property; funds are always available. This means you won't have to wait long or compete with other sellers on the market.

The Armed Forces have corrected another error with preferential purchase of land

The courts continue to experience difficulties in considering cases of purchase of land plots under unfinished construction projects on the basis of Article 36 of the Land Code and privatization legislation, and the Supreme Court of the Russian Federation has to correct them. On May 3, he published a reasoned ruling in the case of Zagorskaya MPMK LLC, which for several years fought with the local municipality for the right to buy at a preferential price of 2.5% of the cadastral value of 21,715 square meters. m of land under its objects.

This opportunity was available to those participants in the privatization process who managed to re-register the right of permanent use for rent before July 1, 2012. After this date, the repurchase can be made on a general basis for a fee set by local governments, which is significantly higher. It can reach up to 100% of the cadastral value, notes Irina Afanasyeva, lawyer at the Real Estate. Earth. Construction" of the VEGAS LEX law firm.

Zagorsk MMPK entered into a lease agreement on September 10, 2014, and therefore, the Arbitration Court of the Moscow Region (Lyudmila Fedulova) decided, it has no right to benefits. But the Supreme Court panel consisting of Galina Popova, Elena Borisova and Alexey Manenkov drew attention to the entire history of the relationship between the enterprise and the Administration of the Sergiev Posad municipal district and, according to Elena Myakisheva, a lawyer at the Yakovlev and Partners legal group, formulated an approach that is important for practice.

This story is that ZMPMK repeatedly (in September 2010, May 2011 and March 2012) appealed to local authorities with applications to re-register the right of permanent use of land to ownership. In response, the municipality offered to lease the site, but when the company submitted such an application on February 17, 2012, a year-long silence followed, and then a refusal dated February 15, 2013. And only after legal proceedings ended in favor of ZMPMK, the lease agreement was concluded.

“If the organ evaded...”

The Supreme Court found that the municipality behaved incorrectly. According to clause 6 of Article 36 of the Land Code, the administration had to make a decision on ownership or lease within a month after receiving the application and, within the same period after the decision was made, prepare a draft purchase and sale or lease agreement, the reasoned determination says. If the administration had properly exercised its powers, the lease would have been issued before July 1, 2012, the Supreme Court concluded.

As a result, Judge Fedulova’s decision was corrected: the second cassation excluded from it the fragment that stated the impossibility of applying the “2.5% rule.” The panel, chaired by Judge Popova, referred here to paragraph 9 of the resolution of the Plenum of the Supreme Arbitration Court of March 24, 2005 on the need to apply the imperative norm of Law 137-FZ on the entry into force of the Land Code, where this rule is formulated.

This position, together with previously adopted definitions, indicates the presence of a consistent approach to protecting bona fide property owners from unlawful actions, says Myakisheva from Yakovlev and Partners. “An important conclusion has been established: if the authority avoided re-issuing a contract of perpetual use to a lease agreement, then for the purchase of a plot at a preferential price, what matters is the fact of filing an application for re-registration before July 1, 2012, and not the fact of concluding a lease agreement before this date,” - Myakisheva notes. However, Pepeliaev Group partner Alexey Konevsky believes that the Supreme Court’s conclusions only confirm the previously established practice.

There were no grounds for overturning the decision

The reasoning of the Supreme Court, with which it overturned the decisions of the Tenth Arbitration Court of Appeal (Svetlana Epifantseva, Sergey Konovalov, Elena Korotkova) and the Moscow District Court (Olga Dudkina, Valentina Dolgasheva, Rimma Latypova), is simpler. These two authorities agreed with the municipality that ZMPMK did not have the right to redemption at all under Article 36 of the Land Code, since its facilities were “unfinished”.

Here the Supreme Court Collegium also mentioned the approach of YOU. “Although [Article 36 of the Land Code] does not name unfinished construction objects, the application of the procedure for purchasing land plots under the named objects is possible in cases directly specified in the law. This legal position is formulated in the Resolution of the Presidium of the Supreme Arbitration Court dated December 23, 2008 No. 8985,” the Supreme Court ruling says. In his opinion, the appellate and district courts had no grounds to overturn the lawful decision of the trial court.

What land plots do we buy?

Our company is interested in purchasing any land plots, regardless of their specifics. This means the following:

1. They can be located anywhere within 50 km from the Moscow Ring Road. That is, for us it is not particularly important to be close to a populated area, highway, attractions, etc.
2. We purchase land plots both with and without outbuildings.
3. This can be a property to which communications have already been carried out, or land to which they still need to be carried out.
4. We are interested in purchasing land plots of any shape and any size.
5. This may be a plot of land for development or exclusively for agricultural needs.

Of course, all of these factors are important for assessing the value of such property. But they do not affect the fact of the ransom.

Disadvantages of urgent land purchase

• Urgent sale of real estate to an agency involves the transfer of ownership of a land plot from the owner to an individual (realtor) or legal entity (firm). And here we must take into account the nuances associated with taxation.
• The purchase price will be 30-50% lower than the market price - and this is the main disadvantage. You will immediately be offered 30-40% of the market value of the land, and if the land is encumbered or its lease period is ending, then the offer is quite adequate. But if the plot is liquid (among residential buildings, with gas and electricity) - bargain.

How is the price of a land plot determined?

Our real estate agency offers up to 95% of the market value. Please note that we focus on market value, not cadastral value. The latter can often be lower or simply not correspond to the realities of reality, since it is determined using standardized methods for a large number of similar real estate properties in a particular region.

So, when setting the redemption price, we take into account the following:

1. Land area.
2. Features of the layout. For example, if an area is overly elongated or irregular in shape, this may create problems during its operation.
3. Distance from major highways. If the site is located too far away, development will be problematic, which means additional costs and reduces its attractiveness. However, if the site literally faces the highway, then this harms the environment and increases the noise level. Therefore, the best option is a short distance.
4. Carrying out communications to the site. As you might guess, if everything is connected, then such a site will cost more. Documents on permission to carry out communications also raise the price, even if the work itself has not yet been completed.
5. Availability of a permit for capital construction. This document can be difficult to obtain, so its execution is a serious plus.
6. General condition of the site. For example, the quality of the land, swampiness, work that needs to be carried out before construction or before starting operation in another way. The dependence is quite simple. In particular, the more funds required to be invested, the lower the price of such a plot will be.
7. The presence of outbuildings, a garage, a cellar, and other objects that may be useful. It should be taken into account that if such property can be used, then this is a plus. But if everything needs to be demolished and the site needs to be cleared, the price of real estate will fall.
8. The site is located on the territory of protected dachas or a high-comfort village. If the entrance to the territory is well lit and controlled, this immediately increases the value of land in the area.
9. Distance from populated areas. Plots in the Moscow region, which are located not very far from certain settlements, are valued more expensive.
10. Having your own water source. For example, a well with artesian water. Naturally, this increases the cost of such real estate.
11. Infrastructure condition. If the site is located on the territory of an elite cottage community, with pharmacies, shops, bank branches, and first aid stations nearby, the cost of such real estate will be much higher than if we are talking about an uninhabited area.

It should be noted that all of the above is assessed comprehensively. If you want to get an accurate calculation, please contact us. We will certainly help.

What documents need to be provided for a land plot?

To sell a land plot, you must provide a complete package of documents. We are talking about the following:

1. Identity card of the owner or owners. If there are several owners, consent from each is required to conclude such a transaction.
2. A title document that confirms ownership of a plot. For example, a purchase and sale agreement, a gift agreement, or a document recording the fact of inheritance.
3. Permission from the guardianship and trusteeship authorities, if ownership was also registered in the name of a minor. In this case, you must provide the original document.
4. Permission from the spouse in writing if the plot was purchased during marriage. Instead of this document, you can provide a divorce certificate and documents from the court that confirm the division of property. Another option is to present a marriage contract, which establishes a separate property ownership regime.
5. Boundary plan of the site. It must have clearly defined boundaries.
6. Cadastral passport of the plot. It is advisable to provide this document if it was completed before 2021.
7. Extract from the Unified State Register of Real Estate. This is another document that also confirms ownership. It reduces title risks during the transaction. If the ownership right arose before 2021, then in this case you need to provide a certificate of registration of such a right.
8. Certificate of absence of debts to the partnership. This document is not always needed, but only if there is a partnership (for example, a dacha).
9. A document confirming the absence of debts for utility services. This is relevant if communications are already connected to the site, and the owner used water, electricity, etc.

Above is a standard list of documents. In some cases it may be expanded. You can learn even more by talking to our employees. In any case, we buy all types of land plots. Always happy to help.

Procedure for urgent purchase of real estate

1. When selling real estate, whether it is an urgent sale or not, do a cost assessment procedure. The assessment can be carried out with the involvement of an independent expert or a specialist from a real estate agency. Invite a land surveyor, so you will get the real cost, taking into account all the features.
2. If the terms of the transaction are satisfactory to both parties, you will be asked to sign a preliminary purchase and sale agreement. Then you will be invited to re-register with the justice system.
3. After registering the transaction with RosReestr, you will receive the amount specified in the contract, and the agency will own the land plot.