Purchase of land by an individual - 56 tips from lawyers and lawyers

Where to contact?

In order to formalize a purchase and sale transaction, the presence of a notary and a lawyer is not necessary.
The buyer and seller can handle the registration themselves by correctly filling out the standard document and downloading it from the Internet. When purchasing a plot of land, you must pay special attention to the availability of all the necessary documents, their correctness and authenticity. In this case, there are both identity documents and documentation for the site.

An important point is also the presence of any encumbrances or restrictions on the property. In accordance with legal requirements, the seller must notify the buyer about them. Otherwise, he may demand a reduction in the value of the land or even termination of the transaction.

For greater reliability, it is worth asking the seller for an extract from the Unified State Register - this document contains information about the presence of any encumbrances on the plot of land (for example, arrest, pledge, easement, etc.).

It is advisable that this statement be received shortly before the purchase and sale is completed.

The transfer of purchased land must be carried out using a special document - a deed of acceptance of the transfer. With its help, not only the actual transfer of the plot from the seller to the buyer is confirmed, but also the condition of this object at the time of transfer.

Another important point concerns setting the price for purchasing a plot. Often the seller offers to indicate in the contract a lower price for the plot than will actually be necessary to pay, in order to reduce the amount of his tax obligations.

If all the necessary conditions are met and the documents are completed correctly, purchasing a plot of land will not pose any difficulties. This transaction is carried out quickly and easily, the parties can even prepare a purchase and sale agreement on their own. But a more reliable option would be to contact a qualified lawyer who will help you draw up the document as competently as possible.

Specify the date of construction and period of ownership of the house;
Find out about the territory development plans;
Check the material of the walls and roof, the presence of a basement, etc.;
Personally check the availability of: water, gas, electricity, sewerage and the Internet;
Ask to see receipts for rent for the summer and winter periods. This way you will avoid surprises when paying for housing and communal services, and at the same time check whether the seller has any debts to utility services;
Switch the heating to winter mode and check the temperature of the radiators;
Make sure that the buildings in the local area are legal (bathhouse, garage, etc.);
Make sure there are no debts on property taxes;
Chat with your future neighbors - you will live with them;
Talk about the price only with the owner, or the one who makes the decision to sell;
Avoid salespeople who rush into making a decision.

What documents need to be checked?

Let's assume that a site that fully meets your expectations has been found. But before you start drawing up a purchase and sale agreement, you need to request some documents from the real estate seller. They will allow you to make sure that the transaction is legal and that this purchase will not bring you a lot of trouble in the future.

So, the main document that the seller must present to you is a certificate of ownership of the plot and building. In the future, it will be required to re-register property rights in your name in Rosreestr.

But now you need to study the information specified in this document:

date of receipt;
basis for obtaining ownership rights (privatization, purchase/sale transaction);
category of land plot, type of use, area and address;
cadastral number;
information about restrictions;
sole or shared ownership;
series/document number.

The owner must present a similar certificate not only for the land, but also for the house (if there is one on the site).

The owner must also have a cadastral passport and a site plan.

All information from the certificate must correspond to that which is in the purchase and sale agreement. If any parameters do not match, this should alert you.

It is important to consider that if, as a document of ownership, the owner of the plot offers you not a certificate, but a garden book, then this indicates that he does not have rights to this land. As part of such a transaction, you will not become the full owner of the land, but will only receive the right to dispose of it. In this situation, the most likely owner of the land is the state or municipality.

Even the chairman of SNT and members of the board do not have the right to sell a plot of land without a properly executed certificate.

Thus, if the transaction does not involve the re-registration of property rights, but simply the transfer of a garden book, then it is characterized by increased risks.

If the plot and house are in shared ownership, then written consent will be required to sell the share, or to sell your part.

If they do not agree to the sale, they may challenge the transaction in court or create many obstacles for the new owner in using the land.

Request a certificate from the owner from SNT confirming that there is no debt for utilities (for water supply and electricity). After all, in the future, debts can be shifted onto your shoulders. Or the new owner will simply be cut off from communications for debts.

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It is advisable that the owner provide you with an extract from the Unified State Register confirming the absence of any encumbrances on the land. But you can also request it yourself from Rosreestr. From the extract you will find out whether there is an arrest, a ban on the alienation of the land, or whether it is the subject of a pledge.

Of course, you need to carefully read the purchase and sale agreement. Are there any clauses in it that infringe on your rights or additional conditions for re-registration of property rights?

In some cases, it will be necessary to involve qualified specialists to analyze the text of the contract.

Purchase and sale transaction

The purchase and sale transaction of a land plot is almost no different from the transaction for the alienation of any real estate, but has a number of features.

If the plot has two or more owners, then ownership is carried out on the basis of shared ownership. For example, relatives (spouses, parents and children) may have shares in common property.

The procedure for acquiring ownership of a plot of land through purchase can be divided into three stages:

preparation of contract;
collecting documentation and submitting an application to Rosreestr;
obtaining land ownership rights.

When purchasing a plot, you need to find out whether it has become the subject of collateral with the bank and whether all other documents are in order. Finding this out now is not difficult. All information about land plots is publicly available on the Rosreestr website. It can also be obtained from the owner.

You can also order an extract from the Unified State Register of Real Estate about the area you are interested in. This procedure is paid, its price is 300 rubles.

How to buy a plot of land? The step-by-step instructions are as follows:

search for a buyer (carried out by the seller);
search for the required land plot (carried out by the buyer).

After discussing and agreeing on all these issues, the parties only have to formalize all the conditions of purchase and sale in the form of an agreement.

The presence of conditions on the price is mandatory, since the purchase and sale transaction is compensated and requires mandatory payment.

Moreover, it can be established both in cash and in kind, but the latter method is used extremely rarely in practice.

The specifics of determining the price depend on who owns it. In particular, private owners can install it themselves, with virtually no restrictions. The only problem may arise if the price is too low, significantly lower than the market price.

In this case, the seller may be accused of attempting to evade taxes, because personal income tax when selling land plots is paid based on its value. If the price, on the contrary, is too high, no complaints will arise against him - if the buyer agrees to this, the transaction will be carried out without problems.

For state and municipal land, the price is set differently - the initial value depends on the conclusion of an independent appraiser. Later at the auction, this price can be raised several times if there are appropriate bids from participants.

Item

The subject is a specific plot of land that is to be sold. At the same time, it should be described in as much detail as possible, indicating the following information:

square;
address and location;
cadastral number;
type of permitted use.

It is also advisable to indicate on what basis the seller owns the land and what documents confirm this. It is worth considering that if these conditions are not included in the purchase and sale agreement, it may be declared invalid and the transaction cancelled.

In addition to these conditions, the parties may include in the contract any other clauses that do not contradict current legislation.

In particular, it is necessary to indicate the details of the seller and buyer, their mutual rights, obligations and responsibilities to each other, as well as the presence of any encumbrances on the site.

The parties can draw up an agreement either independently or with the help of a lawyer. To complete it yourself, you can find a sample of this document on the Internet and make the necessary changes to it. As for notarization, it is not necessary in this case.

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At the next stage, the seller and buyer need to organize the transfer of funds using the method that they themselves chose and secured in the contract. The most reliable is banking (for example, using a safe deposit box or wire transfer). If funds are transferred in cash without the participation of a bank, a receipt must be taken from the seller confirming their receipt.

After completing the contract and transferring the money, all that remains is to submit it along with the package of necessary documents to Rosreestr. This is necessary to register the transfer of ownership that occurs in the event of the sale of a land plot. You will need the following documents:

passports of the buyer and seller;
title documents for real estate (for example, purchase and sale agreement, deed of gift, certificate of inheritance);
certificate of ownership;
cadastral passport or plan;
receipt of payment of state duty;
act of acceptance and transfer.

In addition to this basic package, in some situations other additional papers may be required:

permission from the spouse, certified by a notary (if the seller is officially married);
power of attorney (in case of participation in the purchase and sale of the legal representative of the buyer or seller);
documents for buildings located on the site;
permission from other owners of the site (if it is jointly owned).

Duly certified copies of all these documents are submitted to Rosreestr along with three copies of the agreement, which are signed there. One copy remains with the registration authority, and two are returned to the seller and buyer.

The registration period is usually up to one month, after which the buyer is issued a certificate of ownership of the plot, issued in accordance with the requirements of the law. After this, he is considered its full owner and can dispose of it at his own discretion, the purchase procedure is considered completed.

Basis for land ownership

In accordance with the Federal Law of April fifteenth, ninety-eight, “On gardening, vegetable gardening and dacha non-profit associations of citizens,” the definition of SNT is as follows: a non-profit community created by citizens of the country on a voluntary basis to assist its members in matters of economic and public needs related to gardening and gardening.

Land plots located in a horticultural non-profit partnership are called garden plots. They have their own specific characteristics. Associated with them are details that determine how to correctly buy a plot in SNT.

In these areas it is allowed:

Grow various agricultural products, from fruits and berries to vegetables, or melons and potatoes;
Build a residential property and other economic structures in which, by law, it is impossible to register and live year-round. There is one nuance here - by the well-known Resolution of June thirty, two thousand and eleven, the Constitutional Court declared the restriction or ban on registration at the place of residence in such areas to be unconstitutional.

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To buy a plot of land in SNT, what you need to know: You can purchase a plot of land only from a person who has the right of ownership on the basis of lifetime ownership by inheritance, perpetual - permanent use, certificate of ownership.

What documents should a seller have when buying a house?

Construction permit;
The act of putting the house into operation;
Cadastral passport for a house and land plot;
Notarized consent of the spouse for the sale;
If minor children, pensioners or disabled people are registered in the house, make sure there is permission to sell from the guardianship authorities;
An extract from the Unified State Register of Real Estate, proving that you are buying a house from the owner. In addition, the document displays arrests and any other encumbrances on the house and land.

Extract from the Unified State Register of Real Estate, which I recently ordered through the Rosreestr API

Purchase of land from a legal entity procedure 2020

Otherwise, the likelihood of falling for scammers who can sell a plot of land to several buyers at once increases significantly. For these purposes, it is recommended to order an extract from the Unified State Register 2 days before signing the contract. In this way, you can protect yourself as much as possible from the actions of scammers.

If none of the heir's relatives claims the land, the notary provides the heir with a certificate. But in order to register ownership, you again need to contact the MFC. To do this, you need to present the following papers: • an application along with a passport; • a certificate obtained from a notary; • a document certifying the death of the previous owner of the plot; • a cadastral passport for the land; • a receipt for payment of the fee.

Normative base

Under the purchase and sale agreement, the seller transfers, and the buyer pays for the purchase of the land plot and accepts it under the transfer deed. These rules are provided for by the Civil Code of the Russian Federation (Civil Code of the Russian Federation), Chapter 30. According to Article 554 of the Civil Code of the Russian Federation, for sale it is required to establish a land plot, for which the address, category, VRI and area are specified in the agreement.

According to land legislation, a change in the purpose of land occurs either before or after the signing of a purchase and sale agreement, but not in the process of completion.

According to the Civil Code of the Russian Federation, the conclusion of an agreement is not possible in the following cases:

ZU is the subject of boundary disputes;
is under arrest;
not privatized.

If there is any encumbrance, for example, a pledge, the transaction will be possible only with the consent of the buyer.

According to land legislation (Land Code of the Russian Federation, Article 37), only a plot that has undergone the cadastral registration procedure can be sold. By order of Roskomzem in 1993, a standard agreement was approved. On its basis, private agreements are drawn up.

Procedure for purchasing a house with land

Before the transaction, it is better to entrust the verification of documents for the house and land to a lawyer;
After checking, leave a deposit to the seller and agree on the date and place of the transaction in the “My Documents” MFC;
In the MFC building, take an electronic coupon and, while you wait in line, carefully read the purchase and sale agreement, pay the state fee for the transfer of rights and make copies of payment receipts;
When it’s your turn, go to the registration desk to sign contracts and process the purchase and sale. You can carry out a simple transaction (without a mortgage or shares) yourself - the registrar will always advise you;
After signing the contracts, in the presence of the registrar, the buyer pays the seller, or the parties go to the bank for a cashless payment;
At the end, the registrar will issue a receipt of the original documents indicating the date of issue of the registered agreement on the transfer of ownership to the new owner (usually 14 days).

Please note that when selling a house, the buyer acquires the right to use the corresponding land plot under the same conditions as the seller of the property. This means that if the ownership of the house was registered in Rosreestr, then the new owner automatically becomes a tenant under the lease agreement on the same terms as the old tenant - this is called universal succession.

How to transfer money when buying real estate

Purchasing a land plot from the owner procedure 2020 documents

In this case, it is better to use the services of legal organizations or realtors.
They supervise the transaction at all stages and help with registration. Considering these features, the question “Where to make a deal?” we can answer with confidence – in any place convenient for the parties. There are several categories of land resources that cannot be registered as property, which means that even if a purchase and sale agreement arises, the transaction can be canceled through the court, which will lead to the loss of the deposit or even the full cost of the plot:

How to buy a plot of land correctly - the buying and selling process

So, what documents are needed when purchasing a plot of land? This is a complex process that will require a lot of paperwork. But the most important thing is that in order to buy a plot of land, the seller must be the owner of this plot.

Rights to land plots under current legislation can be in the form of a right of use. This means that the owner of the land is the state. A non-privatized plot cannot be sold.

For the seller

In 2020, the seller must have the following documents during the transaction:

Certificate of ownership. According to amendments to the law on the state cadastre, the registration form has changed since the summer of 2020. Now the Certificate is not issued on stamped paper, but only an extract from the Unified State Register of Real Estate. These documents have the same legal force and are accepted by government agencies.
Legal documents: purchase and sale agreement, will, deed of gift, etc.
Cadastral passport. It contains general information about the land plot obtained as a result of registration.
Land survey and cadastral plan.
A certificate from the tax office confirming that there is no debt when paying taxes for the land plot.
Consent of the spouse to the sale (in writing).

In order for the documents to reflect the real state of affairs, it is recommended to take them no earlier than 2 weeks before the transaction. This is especially true for the possibility of encumbering the site.

Documents for the sale of a land plot We suggest you familiarize yourself with Can I get married to my girlfriend on the day of submitting the application

are determined by current legislation.

How are the boundaries of a land plot determined on the ground? See here.

For the buyer

The buyer must carefully ensure that all documents for the purchase of land are in order. If there are any buildings on the site, find out who they belong to. Be sure to check the category of land and type of use. The price of the territory and the possibility of building a residential building there depend on this.

To be on the safe side, it is better to order an extract from the Unified State Register yourself no earlier than 2 weeks before the transaction is made in order to check the veracity of the information.

For information, you need to contact either Rosreestr directly or their website. You can also issue an extract through the MFC or State Services. It is better to order a document electronically, it is faster and cheaper.

All that is required from the buyer is a passport, the availability of funds for the purchase and the consent of the spouse. If the plot is registered by power of attorney, then - a notarized power of attorney. In case of purchase for minor children, documents of both parents and children will be required.

Attention! If you are interested in buying and selling a house with a plot, then check out our other material.

You can find a suitable plot of land in a company operating in the real estate market. Many of them specialize in land trade. Searching for land through their intermediary provides for additional control over the proper preparation of documentation on the part of the seller. An experienced specialist also supervises the transaction.

At the discretion of the buyer, the search for the memory of interest may be limited to viewing advertisements on relevant websites and in periodical printed advertising content.

After a property for purchase has been found, you should view it by agreeing with the owner and carefully check the package of documentation (we wrote above what documents you need when purchasing a plot of land). You can buy the plot you like if its intended use matches the buyer’s goal.

You can find out what type of permitted use of land is suitable for you in this article.

Having decided on the purchase of a land plot from the owner, you should clarify the price of the land plot. If the parties agree on property interests, a preliminary purchase and sale agreement (PPSA) is concluded. He reserves the purchase for the applicant; after its conclusion, the object is removed from sale.

It should be noted that it is unacceptable to pay for the purchase using the PDKP. However, it provides for the transfer of the deposit to the owner. According to the rules, a deposit when purchasing a land plot is a guarantee of the transaction (Article 380 of the Civil Code of the Russian Federation). It is paid as an advance payment, but if the buyer refuses the transaction, it is not returned. When the deal falls through due to the fault of the seller, the deposit is paid in double amount (Article 381 of the Civil Code of the Russian Federation).

If the buyer wants to insure himself in case of unforeseen circumstances and return the deposit, when canceling the transaction, it should be indicated that the money was paid as an advance payment. In this case, the counterparty will also return the advance only in the amount in which it was accepted if it finds another buyer (487 of the Civil Code of the Russian Federation). Accordingly, the guarantees are reduced to almost zero.

Deposit agreement for the purchase of land: sample

The validity period of the PDKP is for the period of organization of the property transaction. It can be 2 weeks if the buyer has cash savings in the required amount. If he needs to get the missing funds, the period may last up to 1 month. If the loan is purchased on credit, the term depends on the investor.

An essential condition of the PDCP is the determination of the exact deadlines for the appointment of a transaction, after which the transaction is canceled with the ensuing legal consequences, or penalties are imposed on the violator of the deadlines.

Calculation of tax when purchasing land

Calculating the amount accurately is not an easy task. For example, if there is a building on the land, the buyer has the right to receive a tax deduction. However, this amount should not exceed two million rubles.

For the owner of a land plot, a mandatory tax rate is set at 13%. But for non-residents it increases to 30%.

Currently, there is the following procedure for acquiring ownership of a land plot: acquisition of a plot from the previous owner or redemption from state or municipal property.

Purchasing a plot of land from the previous owner is much simpler and does not require much time. However, its price may be significantly higher than that of a similar state-owned land plot.

A state-owned plot can be obtained free of charge, but the category of persons entitled to this is very limited.

In order to buy a plot of land from the previous owner, it is necessary to conclude a sales agreement with him in accordance with the requirements set out in paragraph 7 of Chapter. 30 of the Civil Code of the Russian Federation. The contract must provide for the following essential conditions:

subject of the contract (it is necessary to clearly indicate the data that allows you to establish the conformity of the land plot to be sold: category of land, including its intended purpose, area of the territory);
price of the sales contract agreed upon by the parties.

After agreeing on all the details of the purchase and sale agreement and signing it, you need to issue state registration. The procedure for state registration is regulated by Federal Law No. 122-F3 dated July 21, 1997. It is necessary to register the transfer of ownership of land .

To do this, you need to contact the relevant judicial authority at the location of the acquired plot, providing the following documents:

registration application;
registration payment receipt;
contract of sale;
identification documents of the buyer;
cadastral plan.

After receiving the application and documents, the justice institution reviews them and makes a decision on state registration within a month. If the decision is positive, a certificate of state registration of ownership of the land plot is issued.

This completes the procedure for acquiring a land plot.

The situation is much more complicated with the purchase of a plot of land from state property. According to the law, a land plot intended for construction can become private property only as a result of bidding (auction).

When purchasing land you must:

submit an application to local authorities with a request to provide a plot of land for the construction of a residential building;
order a topographic plan of the site from a special licensed organization;
obtain a copy of the topographic plan and submit an application to determine the absence of encumbrances in relation to this site;
submit with the same package of documents a statement about the absence (or presence) of prohibitions on construction on the site;
submit the entire package of documents for a final decision to local executive authorities or self-government.

Based on all of the above actions, local authorities must decide on an auction, the subject of which is ownership of the land plot. The auction is held within a month after the decision is made. If no one except the initiator has expressed a desire to participate in it within a month, the applicant has the right to buy the land plot by paying its nominal value.

The protocol of the auction results is the basis for drawing up a contract for the sale and purchase of a land plot. In practice, a lease agreement is concluded between the auction winner and the local government for a period of three years. During this time, the developer is obliged to erect buildings in accordance with the intended purpose of the site
. Only after this the plot is finally transferred to the owner as private property.

In order to correctly formalize the purchase and sale transaction of a land plot and register the transfer of ownership of the plot from the seller to the buyer, it is necessary to make sure that the seller of the plot is its legal owner.

To do this, the seller must provide:

1. Certificate of state registration of ownership of a land plot, issued before 07/15/2016, or an extract from the Unified State Register of Real Estate (before 01/01/2017 - Unified State Register of Real Estate) (h
.
1 tbsp. 28 of the Law of July 13, 2015 N 218-FZ;
h . 7 tbsp. 21 of the Law of July 3, 2016 N 360-FZ).

In addition, it is advisable to additionally obtain an extract containing information from the Unified State Register of Real Estate, immediately before signing the land purchase and sale agreement.

2. A document of title confirming the grounds for the acquisition (receipt) of a land plot by the seller (previously concluded purchase and sale agreement, exchange, donation, will, etc.).

After reading the specified documents, we recommend that you adhere to the following algorithm.

Step 1. Conclude a land purchase and sale agreement

The essential terms of the contract for the sale of real estate are its subject and price (Articles 554, 555 of the Civil Code of the Russian Federation; Art.

. 37 of the Land Code of the Russian Federation).

In the description of the subject of the agreement, it is necessary to accurately indicate the address of the plot, its area, cadastral number, the category of land that the land plot belongs to, and the type of its permitted use. It is also advisable to indicate information about the seller’s title documents, the date and number of state registration of the seller’s property rights in the Unified State Register of Real Estate.

It is necessary to determine the exact price of the land plot and the procedure for settlements between the parties. In this case, the calculation can be made both before and after state registration of the transfer of ownership of the plot

.
The same applies to the actual transfer of a land plot under a transfer and acceptance certificate
. The agreement may provide that the agreement is also an act of acceptance and transfer.

The real estate purchase and sale agreement must be in writing and signed by both parties. Failure to comply with this condition entails the invalidity of the contract (Article

. 550 Civil Code of the Russian Federation).

The agreement is signed in three copies (one copy for the parties to the agreement and a third copy for Rosreestr).

The law does not provide for mandatory notarization of the contract. The exception is, in particular (h

. 1 tbsp. 42, part 2 art. 54 Law No. 218-FZ):

transactions for the alienation of real estate belonging to a minor citizen or a citizen recognized as having limited legal capacity, which are subject to notarization;
transactions for the alienation of shares in the right of common ownership of real estate, including the alienation by all participants in shared ownership of their shares under one transaction, which are subject to notarization.

Step 2. Prepare and submit documents to the territorial office of Rosreestr

It is necessary to prepare, in particular, the following documents (Parts 1, 2, Article 14, Article 18 of Law No. 218-FZ):

1) an application for registration of the transfer of ownership and registration of ownership of the buyer (to be completed directly at the Rosreestr branch before submitting documents);

2) a land purchase and sale agreement, usually in triplicate;

3) passports of the parties to the transaction. If the documents are submitted by a representative, it is necessary to submit a notarized power of attorney with the appropriate powers;

4) notarized consent of the seller’s spouse to alienate the plot (if the plot was acquired during the marriage);

5) documents confirming the ownership of the person alienating the land plot belonging to him (for example, a certificate of state registration issued before July 15, 2016, a purchase and sale agreement, exchange, donation, etc.);

6) act of acceptance and transfer.

Pay the state fee for registration of ownership and transfer of rights to the land plot.

Reference. State duty amount

The amount of the state duty for registering ownership of a land plot is (clauses 22, 24, 25 clause 1 of Article 333.33 of the Tax Code of the Russian Federation; Letter of the Ministry of Economic Development of Russia dated April 20, 2017 N D23i-2207):

— 350 rub. in relation to a plot intended for personal subsidiary farming, dacha farming, vegetable gardening, horticulture, individual garage or housing construction, as well as a plot with an equivalent type of permitted use or a plot from the category of agricultural land of other types of permitted use;

— 2,000 rub. - in other cases.

If it is possible to submit an application and pay the state fee through government service portals and other portals integrated with the Unified Automated Identification of Aid, the state fee is calculated taking into account the coefficient of 0.7 (clause 4 of Article 333.35 of the Tax Code of the Russian Federation).

Submission of a document confirming payment of the state fee along with the application is not required. The applicant has the right to do this on his own initiative

.
However, if there is no information about the payment of the state duty in the State Information System on state and municipal payments, after five days from the date of filing the application, the registration authority returns the application and the documents attached to it without consideration (part
7 of article 18, paragraph 3 of article 25 Law N 218-FZ).

If at the time of submitting the application the state duty has not been paid, the applicant is issued or sent information containing a unique payment identifier (unique accrual identifier) necessary to confirm the fact of payment for a specific service for payment of the state duty, indicating the date by which it must be paid (Rosreestr Information dated July 26 .2017; Information from Rosreestr dated 10/17/2017; clause 3 of Appendix 5 to the Regulations on the payment system of the Bank of Russia, approved

. Bank of Russia 06/29/2012 N 384-P).

The application and the necessary documents can be submitted to Rosreestr in one of the following ways (part 1, 2 of article 18 of Law N 218-FZ; clause 2 of the Procedure, approved
. By Order of the Ministry of Economic Development of Russia dated November 26, 2015 N 883):

directly to the Rosreestr branch or through the MFC (regardless of the location of the property according to the list of divisions that carry out reception on an extraterritorial basis posted on the Rosreestr website) or to an authorized person of Rosreestr during on-site reception;
by post with a declared value upon forwarding, an inventory of the contents and a notification of delivery;
in the form of electronic documents via the Internet, for example through the official website of Rosreestr.

You can be notified about the progress of the service (for example, about the receipt of information about the payment of state fees, registration) via messages to email or mobile phone number (clauses 3, 4 of the Procedure, approved

. Order of the Ministry of Economic Development of Russia dated March 16, 2016 N 137).

State registration is carried out within 7 working days from the date of receipt of the application and documents by Rosreestr, and in the case of submitting documents through the MFC - within 9 working days from the date of receipt of the application. This period begins from the next working day after the date of receipt of documents (clauses 1, 2, part 1, article 16 of Law N 218-FZ; Letter of Rosreestr dated 08/22/2017 N 14-10188-GE/17).

Step 3. Get an extract from the Unified State Register of Real Estate

The completed state registration is certified by an extract from the Unified State Register (USRN Part 1, Article 28 of Law No. 218-FZ).

Within the period specified by the Rosreestr employee, you must go to the Rosreestr office and receive an extract from the Unified State Register, after which, if necessary, make final mutual settlements between the parties and transfer the land plot according to the deed (if this has not been done earlier).

The extract can also be sent to you in electronic form (Part 6, Article 62 of Law No. 218-FZ).

Note!

If you owned a land plot for less than a specified period of time, then you must pay personal income tax on the income from the sale of the plot. In this case, you can take advantage of the property tax deduction or reduce the amount of income by the amount of documented expenses associated with the acquisition of the land (p

. 17.1 Art. 217, paragraphs. 1 clause 1, pp. 1 item 2 art. 220, pp. 2 p. 1 art. 228 of the Tax Code of the Russian Federation).

New owners of land plots become payers of land tax. They also have the right to take advantage of the property tax deduction for personal income tax if the plot is intended for individual housing construction or is located under the residential building being purchased (paragraph
. 3 paragraph 1, paragraphs. 1 clause 3 art. 220, paragraph 1, art. 388, paragraph 1, art. 389 of the Tax Code of the Russian Federation).

Drawing up a purchase and sale agreement

Item

The purchase and sale of a house can only be completed under an agreement with its subsequent registration in RosReestr - this minimizes the risk of being deceived by one of the parties. When drawing up a contract, please pay attention to the following:

The purchase and sale agreement is drawn up in 4 copies (1 to the seller, 1 to the buyer, 1 remains in the MFC, 1 in RosReestr;
Sign the contract on every page;
Record the transaction amount in words and figures in the document;
Describe in detail: when the money will be transferred, in what currency and what will happen if the money is not received on time;
Add a description of the responsibilities of both the seller and the buyer;
Draw up a detailed agreement: when the house will be abandoned and what property will be transferred along with the house to the new owner.

In 2020, the tax regulations for the sale of real estate were changed - the holding period for sale without paying 13% income tax was increased from 3 to 5 years. Therefore, an owner who has owned a house for less than 5 years will most likely offer to indicate in the contract an amount of up to 1 million rubles. You have the right to refuse, especially since from 2020 the tax is calculated from 70% of the cadastral value of the property, if the purchase and sale agreement specifies an amount less.

If the amount is full, and the house has been owned for less than 5 years, then you will have to compensate the seller 13% of the amount over 1 million rubles specified in the contract, which is not economically feasible, since you are giving the money now, and will return it within a few years in installments and only if you have not returned income tax before. If the amount in the contract is more than 70% of the cadastral value of the house, then 13% of the tax will be calculated from it.

How to get a tax deduction when buying a house

The procedure for purchasing a land plot from the owner: procedure

Land for almost any purpose can be purchased from the state or from a private person, that is, the owner. In both cases, this is a rather lengthy process, since a number of documents will be required. And if, in the case of purchase from the state, all documents must be provided buyer, then in a transaction with a private person the seller will also be required to draw up a certain list of papers.

However, for all texts of such agreements there is a list of sections regulated by civil law, which must be included in the document. These sections include: In cases where, when agreeing on an agreement, the parties decided to make annexes to the agreement (in the form of a copy of the cadastral passport, cadastral plan or survey act), they are indicated separately and there must be references to them in the text of the agreement. Letter of credit when purchasing real estate - find out everything about it! Since, from a legal point of view, the purchase and sale of real estate is always a rather complex transaction, you need to know what pitfalls a potential buyer can expect when drawing up an agreement: This is not a complete list of points that a potential buyer should pay attention to when making a transaction .Full information about the tax when renting out an apartment in our article. However, other pitfalls in such transactions are much less common.

How to purchase a home remotely

The contract is drawn up in 3 copies, where absolutely identical data is entered. One copy remains with the buyer, the other with the seller, and the third, among other documents, is handed over to the Rosreestr office when the buyer registers ownership of the plot.

Agreement

The contract specifies the following information:

Information about the seller and buyer, including passport data.
Subject of the agreement. Its description: address, cadastral number, category and permitted use, cadastral value and presence/absence of encumbrances.
The contract amount and payment method. This point should be described in detail to avoid misunderstandings.
List of attached documents (number and series).

At the mutual request of the seller and buyer, a transfer and acceptance certificate for the land plot is signed.

This is not required by law, but lawyers point out the importance of this paper in the event of claims arising after the transaction.

Registration of a purchase and sale transaction does not mean an automatic transfer of ownership from the seller to the buyer. To obtain it, you need to contact the Rosreestr office. The deed or bill of sale will be presented as the title document to the land.

We invite you to familiarize yourself with the procedure for filing a petition for cooperation with the investigation.

In addition, you will need an application, a passport, and a receipt for payment of the state registration fee. All these documents must be submitted to Rosreestr.

The employee will check the package of documents and offer to come back in 10 days. This is how long it takes to consider an application for registration of land ownership.

After which the owner receives a document confirming his right to the land. Now such a document is an extract from the Unified State Register of Real Estate.

Read,

how to draw up a land purchase and sale agreement

How can a young family get a plot of land for free? Information here.

What documents are required for land surveying? Details in this article.

Registration of purchase of land in the Russian Federation for 2020

Now the property passes into the hands of another user, who, in turn, is obliged to regularly make land tax contributions, and a Russian citizen can also apply for a property deduction. Owners of lands distributed before registration of the Land Code register ownership of the land differently. 2.

What documents are needed to purchase a plot of land in 2020

When completing a purchase and sale transaction, you need to remember that it does not in itself transfer ownership rights from the seller to the buyer. In addition to the agreement, the buyer must draw up documents in Rosreestr.

This is interesting: Changes in the Zemstvo Doctor program in 2020

If you are purchasing a plot or country house without the participation of a real estate agent, it is important to carefully approach the processes of studying and checking documents, as well as check all the nuances regarding the quality of the land and the features of the constructed building.

What are the risks when buying a house on your own?

Lawyer for initial verification of documents (1-2 thousand rubles);
Independent cost assessment (3-10 thousand);
Payment of state fees (up to 2 thousand).

How much do realtor services actually cost?

Of course, you want to buy a house cheaper, and if something happens, sell it at a higher price, or at least stay with your own. But when you are in a hurry and try to save on everything, there is a risk of buying real estate on emotions. Such races often result in additional expenses for connecting communications and major repairs. For example:

You chose the cheapest option and saved on the purchase, and then you find out that the foundation was cracked and you cannot live in the house without major repairs;
The seller promised you to connect your house to gas under the Federal program, but it turned out that the laying of the gas pipeline and installation of the ShRP will be carried out at the expense of the owners.

Existing risks

When purchasing a plot of land, you need to carefully examine the contents of the documents from the potential seller. You need to see if the land is mortgaged. This is indicated in all cadastral documents for real estate. But, if the extracts were taken a long time ago, the information may become outdated.

You also need to check the category of the land. It should be called: “land of populated areas.” If your passport contains an agricultural category, you need to first find out whether it can be changed in order to build a house.

In case there are such plans. Agricultural land should cost much less than residential land. At the same time, pay attention to the VRI. For example, on lands with permitted use of individual housing construction, you can build a house.

Private owners often sell land plots because they do not need them. As a rule, they are cheaper than state-owned ones and are sold without an auction, but they are associated with certain risks:

There may be various encumbrances on the land;
The legality of real estate located on a land plot is in doubt if there are no documents confirming the opposite;
The land may not meet its stated purpose;
Incorrectly executed land documents;
The seller sometimes turns out to be dishonest.

Procedure for purchasing a house with land

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Item

Procedure for Purchasing a Land Plot from the Owner Procedure 2020

The amount of the additional fee is equal to 15% of the cadastral price for the municipal plot, which becomes the property of the citizen (clause 3 of the Rules for determining the amount of the additional fee, approved by Resolution No. 1308). The cadastral value can be found out from the cadastral passport of the land, from the local administration or from the public cadastral map of Rossreestr.

On June 17, the President of the Russian Federation signed a new law, which, with its provisions, amended the norms of the Law on Cadastral Activities (RF Federal Law No. 221 dated July 24, 2007) and the Law on State Registration of Real Estate (RF Federal Law No. 218 dated July 13, 2020) - RF Federal Law No. 150 (from 06/17/2020). The text of the document was published on the Central Internet Portal of Legal Information on the same day.

conclusions

So, for a profitable and safe purchase of a house with a plot of land, you have to:

Select your area of residence;
Study the price order;
Find advertisements from owners (I recommend) or contact a real estate agency;
Select 5-10 objects and visit each one with a familiar builder;
Interview neighbors about the cost of housing and communal services, emergency situations and crime in the selected house;
Choose the best option and check the documents with a lawyer;
Get a discount and leave a deposit to the seller;
Competently process the purchase and sale at the MFC.

https://www.youtube.com/watch?v=Kbf8K1OxQCA

Also, be prepared:

Look through all the advertisements for sale and find nothing;
Spend 2-3 times more time searching than planned;
Spend 10-30% more money on a purchase than planned;
Find your option and refuse the purchase due to legal problems.

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How to buy a plot of land directly from the owner