Buying a plot of land for individual housing construction

What land can you buy?

“What do you need to know when buying a plot of land?” – people who are going to become the happy owners of such a property are interested. First of all, you need to make sure in person that the plot really exists, and its area is exactly what the seller named. It is also necessary that the seller has permission for summer cottage construction or for residential construction if you are just buying land, without a house. There may be restrictions on construction if the site falls into an area where it is prohibited (for example, a gas pipeline area).

Before purchasing land, you need to find out what category it belongs to:

Agriculture. If this is agricultural land, then you need to find out from the seller whether the rights of local governments are violated when making a land transaction.
Land of settlements. Here you need to check whether you are violating the rights of the seller’s ex-husband or wife.

Construction permit

A building permit (BC) is the main document that confirms your intention to build a house on the site. It must be received when you have already finalized the project, the general plan of the site and are ready to begin construction.

RS is necessary for putting a house into operation, obtaining a loan for a future building and for using maternity capital.

Issued in two stages through the MFC

get a master plan of the site (10-14 days)
obtain a building permit (10-14 days)

Along with the master plan, you will be given conditions according to which you must place the house on the site and draw a master plan, which you will submit along with other documents to the RS.

The master plan should indicate:

dimensions of the plot;
house dimensions;
distances from the house to the boundaries of the site;
junctions with streets;
total area of the house;
area of the building spot (along the edge of the roof overhang);
number of storeys;
presence of a basement;
main material of the house.

Important
Some areas may require a development permit from Roshchino Airport, since these areas fall within the construction restriction zone.
You can order a permit from the airport at st. Sergei Ilyushin, 23
and a week later you will receive a cover letter and two protocols there, with which you can already submit to the RS.

Required documents:

passport;
title document for the land plot (certificate of state registration of rights, certificate of right to inheritance by law, court decision and others);
general plan;
permission from the airport (for certain areas).

Bottom line

A building permit is issued for a period of 10 years, during which you must complete construction and put the house into operation. If you do not meet the deadline, you can extend the permit, but an application for this must be submitted no later than 60 days before the expiration of the current permit. If construction has not begun during the entire period of validity of the permit, the permit will be revoked.

Sample contract and features of its execution

What do you need to know when purchasing a plot of land for individual housing construction? Necessary information about the site that should be in the contract ():

exact address of the site;
its cadastral number;
land area;
what category of land does it belong to;
purpose of the site;
There may be other information that helps determine the registration of the site.

How to draw up a purchase and sale agreement

Check if the seller has a certificate of title to the land.
It is necessary to check whether the size of the plot corresponds to the size stated in the cadastral passport. But it’s quite difficult to do this on your own, so you’ll have to pay a geodesy specialist for his services.
You can conclude a regular contract or a contract with a notary (this is determined at the request of the buyer).

After purchase, present the following documents to the Federal Registration Service to register ownership:

passport;
document confirming the seller's ownership;
an agreement stating that the transaction has taken place and the rights to the plot have transferred to you;
land cadastral passport;
notarized consent of all owners of this site;
payment receipts (proof that the transaction has been completed).

Within a month you will receive your certificate of title.

How to purchase a plot of land from an individual or legal entity?

If you are looking to purchase land from a civilian, business or organization, the first thing you need to do is make sure that your seller actually has title to the land.

That is why the selling party must provide the buyer with the following documents:

Cadastral passport;
Certificate of ownership or an extract from the Unified State Register of Rights to Real Estate (it is advisable that the latest document be issued recently);
A document certifying that the individual or legal the person carrying out the sale legally acquired the property (deed of gift, previous purchase and sale agreement, etc.).

If all of the above documents were presented to you on time and did not raise any questions or doubts, then you should follow a certain sequence of actions outlined below.

Stage 1. Conclusion of an agreement

The land purchase and sale agreement must be in writing. Of course, both parties must sign it. If there are no signatures, this transaction will be considered invalid.

The most important items of such an agreement will be the subject and price of the land plot. To ensure that no questions arise regarding the subject of the contract, its description must include the following items: address, area, cadastral number, category, type of permitted use. It would also be useful to know the date and number of registration of the seller’s right to land in the Unified State Register of Real Estate Rights.

Stage 2. Preparation and submission of documentation to the branch of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr)

After concluding the contract, the parties need to submit the following documents:

Application for registration of transfer of ownership and registration of ownership of the buyer;
The contract itself;
Identification documents of the parties. If the documents are presented by a third party, he must have a power of attorney certified by a notary;
Consent of the spouses of the selling party to the alienation, certified by a notary (if the land was purchased during marriage);
Extract from the Unified State Register or certificate of ownership;
Cadastral passport;
Documents evidencing the right of the selling party to the plot (deed of gift, will, previous purchase and sale agreement, etc.);
Transfer acceptance certificate;

Also, to complete the transaction, you need to pay a fee (its cost will be 350 rubles for a plot of land for a dacha, garage or house and 2 thousand rubles in other cases). It is not necessary to submit a receipt to the Rosreestr office, but if the data on payment of the state fee is not in the GIS GMP, the application and other documentation simply will not be considered.

All of the above documents can be submitted in this order:

Personally or through a representative;
By mail;
Electronic.

After the parties submit the documents, Rosreestr will issue them a corresponding receipt. Registration of the transition takes up to ten working days.

Rules for purchasing land in gardening

“What do you need to know when buying a plot of land in SNT?” - future summer residents ask. There are two options for making a transaction:

Direct agreement with the owner of the land plot.
Acquisition of land by proxy from the seller.

In any case, purchasing a plot from a gardening non-profit partnership will be carried out much faster if you prepare in advance all the necessary documents and also make photocopies. It is better to make 3-4 copies of all documents in order to accurately submit the documents the first time. A copy of all pages of the passport is not needed. It is enough to make a photocopy of the first spread and the spread with registration, and the copies should be placed on one A4 sheet.

Check that the seller, who was a member of the SNT, has no debts to the partnership. If a person has not paid the targeted contributions, then you should not be surprised if suddenly the electricity or water is turned off at the dacha (if the water supply was installed with money from the targeted contributions). Therefore, you should immediately ask the seller to provide a certificate of absence of arrears in payments.

What if you buy a plot of land with a house?

Perhaps you don't want to spend time and effort on construction. Then a good option would be to buy not just land, but a ready-made dacha. What do you need to know when buying a plot of land with a house?

Often plots with houses are sold by elderly people who find it difficult to maintain their dacha. Often, in old age, sellers suffer from mental illness and sign deals in an inadequate state. In order to avoid problems with the seller’s relatives in the future, it is ideal to ask for a certificate stating that the seller is not registered with a psychoneurological dispensary. You should ask for this only as a last resort if the person’s behavior worries you;
if it is not the owner himself who sells the land with the house, but his representative, it is necessary to check that he has the right to carry out such transactions;
In addition to the fact that you need to find out whether the seller has paid all the target fees, it will not be superfluous to make sure that the taxes have been paid;
check whether your future land is reserved for government needs, for example, for the construction of a highway. Such information can be obtained from the SNT administration.

How to protect yourself when buying a plot of land

What pitfalls can there be when conducting a transaction?

Many of us, when deciding on purchasing a plot of land, do not even think about what pitfalls there may be during the transaction.

If you have firmly decided to become the owner of a land plot, then initially to assess the legitimacy of the transaction you will need the following documents from the seller:

– certificate of state registration of rights,

- cadastral passport or cadastral extract for a land plot,

— a fresh extract from the Unified State Register of Rights to Real Estate and Transactions with It (USRP).

If there is real estate on the land plot, it is also necessary to request documents for it from the seller, namely:

– certificate of state registration of the right to real estate,

— cadastral or technical passport for a real estate property,

— a fresh extract from the Unified State Register.

What you should pay attention to when studying these documents:

1) In the certificate of state registration of rights on the line “grounds for the emergence of the right.” As a rule, the basis for the emergence of a right is a purchase and sale agreement, a gift, a certificate of the right to inheritance by law/will. This information allows you to trace the legal history of the land and, if necessary, request additional documents from the seller.

2) In the cadastral passport on the line “special marks”, in which, if there is an entry: “the boundaries of the land plot are not established in accordance with the requirements of land legislation,” it should be understood that the actual area of the land plot may be much less than that indicated in the documents, since such the land plot was not demarcated, and, therefore, its boundaries were not established on the ground and the area is approximate.

3) In the extract from the Unified State Register on the line: “Copyright holder”, which should indicate the person who is selling you the land plot, on the lines “Restriction (encumbrance) of the right”, “Claims” - there should be no information. If there is information in these lines, you should seek clarification from the seller and a lawyer for advice in order to avoid any difficulties in the future when concluding a contract for the sale and purchase of a land plot.

After studying the documents presented to you by the seller, it is necessary to prepare and conclude a contract for the purchase and sale of a land plot (if there is a building on the land plot, the purchase and sale of a land plot with a property), drawing it up in triplicate, one of which will remain with the seller, the second - with the buyer, the third - in the Federal Service for State Registration, Cadastre and Cartography.

It is best to entrust the preparation of a purchase and sale agreement to a lawyer who will competently prepare the document.

As for settlements, today 95% of settlements for real estate purchase and sale transactions are made through a safe deposit box. This means that the Buyer enters into a lease agreement for the deposit box with the Bank (the bank is chosen jointly by the Seller and the Buyer). After this, the Seller and the Buyer, on the eve of signing the main purchase and sale agreement or in the morning of that day, enter into a tripartite additional agreement with the Bank to the locker rental agreement, which establishes the conditions for the Seller’s access to the money deposited by the Buyer in the locker for a certain period. Typically, money is pledged for the period required for state registration, plus 5-7 days for insurance. The condition for the Seller’s access to the locker is, as a rule, the presentation of the original certificate of state registration of the right.

After concluding the contract, it is necessary to register the transfer of ownership from the seller to the buyer. For this purpose, the necessary documents (purchase and sale agreement in 3 copies, certificate of state registration of the Seller’s right, cadastral passport for the land plot/house) are submitted to the Federal Service for State Registration, Cadastre and Cartography at the location of the real estate.

In accordance with Federal Law dated July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it,” the Federal State Service for State Registration, Cadastre and Cartography registers the transfer of ownership from the seller to the buyer and issues the buyer a certificate of state registration rights. At this point the procedure is considered completed.

A lawyer specializing in land issues will help minimize the risks of the transaction.

Advantages of purchasing land in a cottage community

If you are tired of the noisy city and want to live closer to nature, you should think about building a cottage. What do you need to know when buying a plot of land in a cottage community? Despite the fact that land is not cheap at all, if you are going to build a cottage, buy 12-15 acres, because otherwise almost all the space will be taken up by the house and there will be no area left for relaxation in the garden.

The main advantage of purchasing a plot in a cottage village is that the developer guarantees in any case that the residents of the village will be provided with individual engineering systems.

If in ordinary gardening there are areas where it is technically impossible to provide water supply, or the water is of such low quality that you will have to spend a lot of money on its purification, such a situation cannot exist in a cottage village. The village has every opportunity to provide residents with quality services. This is why more and more people are choosing this option. After all, it’s better to pay more once, but then live in comfortable conditions in nature and pass on a good inheritance to your children!

Having become familiar with the main problems that arise when purchasing a plot of land, it will be much easier for you to make your choice. Check all the documents carefully, then very soon you will be relaxing comfortably in the fresh air, and maybe you will move out of town to a permanent place of residence.