Cottage in a gardening partnership: measure 7 times, buy once

Buying a gardening cottage - legal aspects

To buy and sell a plot of land with a house, you must do the following:

1. Assess the value of the property;
2. Prepare and have in hand all the title documents for the land and house;
3. Drawing up a preliminary DCT;
4. Signing the main DCP;
5. Calculation;
6. Registration of ownership of land plot and house;
7. Payment of personal income tax.

If the land is sold with a house, the seller is obliged to provide a document confirming his right of ownership (purchase and sale agreement, gift, exchange, spouses' ownership, certificate of ownership).

In addition to these documents certifying ownership of the house, you must provide:

• Agreement and act of acceptance and transfer;
• Extract from the cadastral registration of real estate;
• Technical passport or cadastral passport of the house;
• Receipts for payment of state duty;
• Extract from the house register;
• Statement.

Which dachas are dangerous to buy: cadastral chamber specialists warn

In this way, you can avoid the main danger of buying a property that has already been sold to someone. The seller can provide the buyer with an extract from the Unified State Register of Real Estate, which was received before he sold it to a third party. You should try to get the most up-to-date information; the closer the statement is to the transaction date, the better.

Buy a dacha only from the owner

If the type of permitted use of the site is individual housing construction, then you can safely build a house on it with a foundation and any communications. If the plot is on agricultural land and it is intended “for running a personal subsidiary plot,” a residential building built on it is considered a self-construction – whether it is worth buying is a big question.

If you get a call about buying a house, try to invite the buyer to look at the house right away. It is important to remember that the house and the area around it must be in perfect condition. Remove trash and unnecessary junk. If possible, make minor repairs. A neat appearance immediately attracts people. When negotiating, follow all the rules of etiquette and be friendly. The buyer needs to understand that you are an honest person and will not let him down or deceive him. Try to mention all the advantages of your dacha, but you should not hide absolutely all the shortcomings, since every house has its own disadvantages.

• Your case does not fall under Federal Law No. 93. A standard registration procedure will be required.
• Ownership of the plot has not been confirmed. It is required to register the plot in the cadastre, with the procedure for land surveying and registration.
• Missing some documents. The operator must state the reason for the refusal.
• Incorrect information. Having eliminated the errors, the procedure can be continued.

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Signing the contract

So for the security of the transaction, I would recommend buying real estate - both house and land - duly registered and registered, or, at a minimum, demanding significant concessions on price from your seller.

Own plot is a plot of land that is at the complete disposal of a citizen. This circumstance allows him to legally conduct any transactions with this land

.
Ownership of a garden plot or dacha plot is confirmed by an official document - a certificate of ownership (you can view and download here: [Sample certificate of ownership of a land plot]).
The following documents are also considered legitimate: Cost of drawing up technical documents. plan varies between 5 - 10 thousand rubles, which directly depends on the area and configuration of the building. Work completion time: about a month

. Those objects that have already been registered previously and have a cadastral number are exempt from the need to have a technical passport. That is, calling cadastral specialists is only necessary in cases where the registration of a garden house is carried out for the first time.

List of documents

According to the new legislation, the owner has the right to privatize a land plot even if it was acquired after October 30, 2020. In addition to the land, all buildings located on the site must be separately registered: house, barn, garage, and so on.

To contact the municipality, you need to confirm that the house is already registered as the property of a citizen. In addition to the above-mentioned “dacha amnesty” procedure, this can be done according to the general rules. If the object was built before August 2020, it is enough to draw up a technical plan and confirm the rights to the site. For construction after 2020, notifications about the start and completion of work must be submitted to the municipality.

In 2020, registration of a garden house on a dacha plot can be carried out under the “dacha amnesty” program if the object was built before 2001, or according to the requirements of Government Decree No. 1653 and Law No. 217-FZ.

Registration of garden houses according to Law No. 217-FZ

Consequently, it is possible to register a garden house on the garden plot of SNT or another non-profit partnership. If a citizen or non-profit partnership was provided with territory for growing vegetable gardens, registration of the building will be denied, even if it has all the signs of a capital construction project. Municipal authorities have the right to present demands for the demolition of illegal buildings and compensation for damage to the soil layer.

To register a non-residential building, you need to apply to Rosreestr, submit documents for the land plot and fill out a special declaration with information about the building.

The “Dacha Amnesty” began to operate on September 1, 2006. It applied to land plots and buildings on lands for individual housing construction, personal farming, dacha farming, vegetable gardening and horticulture, and garage construction.

Legislation

The purchase of real estate with adjacent land, a list of documents, requirements for the execution of an agreement are established by the Civil Code (Civil Code Chapter No. 30). According to the Civil Code (Article No. 551), such agreements are registered in the State Register, and the Civil Code (Art. No. 552) determines the procedure for transferring rights to a plot with buildings located on it after the sale. According to the Civil Code (Article No. 556), an act of transfer of real estate must be drawn up.

Additional requirements for land purchase transactions are provided for by the Land Code (Article No. 37). According to this regulatory document, the sale of objects without a cadastral number is prohibited, as well as under conditions that further limit various types of transactions with land (resale, lease, etc.).

What you need to know when buying a summer house in SNT

The dacha is part of the partnership, which means that certain rules of life and life have already been established among the members of the SNT. You definitely need to familiarize yourself with them, so that later you don’t get any unpleasant surprises in the form of fines from the board, for example, for not mowing the area behind the fence on time.

Some owners try to get rid of their summer cottages when they learn that a major construction of roads or other large structures is planned nearby, so it is better to check information about nearby developments with the local administration.

Even if the land plot is demarcated and has coordinates, they may not correspond to reality. You can check the coordinates by locating the points.

Before buying a dacha, don’t be lazy, find out what the neighbors are like! This is one of the important aspects of peaceful relaxation on your site in the future.

Beware of buying plots with a reduced price, and also be vigilant when the purchase and sale occurs by proxy, without the participation of the owner.

Pros and cons of buying land from SNT

What are the pros and cons of purchasing land from SNT? They can only be assessed in comparison with other categories of land plots.

The main purpose of land plots is SNT, DNP and individual housing construction. They differ in the purposes of their use.

Plots in the DNP are purchased in a non-profit partnership for dacha construction, individual housing construction - for the construction of a house for permanent residence. SNT lands are used only for growing agricultural products for their own purposes.

What other differences between these categories of land:

• On land for individual housing construction, it is allowed to build a house with a height of no more than 3 floors, while on plots from a dacha partnership and a gardening partnership it is impossible to build a permanent structure suitable for permanent residence.
• For members of SNT and DNP, plots are allocated on agricultural lands far from populated areas, while land for individual housing construction is always within a city or village.
• There is a high probability that the authorities themselves will build roads and necessary communications to the sites for individual housing construction. Whereas the citizens themselves need to take care of the improvement of the lands of SNT and DNP.
• In a house built on land for individual housing construction, you can register with your whole family, while the owners of buildings in SNT and DNP are deprived of this opportunity.

Among the main advantages of purchasing land in SNT are:

• the SNT plot is valued much higher than a similar one in the DNP, since the land on it is of higher quality (in terms of soil fertility);
• plots of land in ecologically clean areas are usually allocated for the formation of SNT;
• it is not necessary to build a house or cottage on the land of the horticultural partnership; all of it can be used for growing fruit and vegetable crops;
• the cost of land in SNT is an order of magnitude lower than a plot of similar size for individual housing construction.

But purchasing land for SNT is not without its drawbacks.

Thus, such a purchase is not suitable for those citizens who would like to register in a house they have built. On such a site you can only build garden houses for seasonal use.

Although the Constitutional Court in its decision sided with gardeners and allowed them to register in houses located on agricultural land, in practice it is almost impossible to exercise such a right.

Any building on SNT land will have the status of a garden house, even despite

complexity of the design. This will not allow you to sell it at an adequate price if necessary. Such a house is less liquid than construction on individual housing construction lands.

Another disadvantage of purchasing horticultural land is the difficulty of raising borrowed funds for such a purchase. Mortgage programs with this purpose are presented in a few banks and usually require higher interest rates.

Finally, if the owner wants to build access roads and communications to the site, he will have to pay a considerable amount of money for this out of his own pocket. Local authorities are unlikely to engage in improvement of such lands.

Site selection

A dacha plot for purchase is selected according to a number of basic criteria:

• Price, including costs of maintaining the site;
• The seller has all the documents ensuring the legality of the future transaction;
• Ease of use, this includes such parameters as the size of the site, the presence of communications, the type of soil, the terrain, the state of the environment, the distance from the city, the favorableness of the area (including the crime situation), etc.

It is important to take into account the ratio of the area allocated for the house (or already occupied by it) and the total area of ​​the site.

It varies from 1/4 to 1/10 depending on whether the construction of additional buildings is planned.

Particular attention should be paid to assessing the crime situation, since theft of property from country houses is widespread in Russian realities.

One of the main legal characteristics of a site is its ownership or right of use. In the second case, it is not the full possession of a citizen, which complicates the procedure for its acquisition.

Self-assessment of all factors can take a lot of effort and time. To save money, you can use the services of real estate agencies, but you have to pay a relatively large amount for their work, and there is a possibility of hiring unscrupulous realtors who take advantage of the buyer’s ignorance of certain issues and offer him low-quality goods.

To prevent such excesses, you should monitor the work of realtors and be familiar with the general principles of site selection.

Documents for purchasing a summer cottage with a house

Advice from lawyers:

1. When buying a summer cottage with a house, what documents should you pay attention to?

1.1. It is necessary to pay attention to the presence and condition of title documents for the land plot and the house located on it. You need to make sure that the seller’s ownership is registered in the prescribed manner, and request documents confirming the proper registration and state registration of ownership of the land plot with the house. From July 15, 2020 - an extract from the Unified State Register of Real Estate (USRN). It is also necessary to clarify whether there are any claims of third parties to the selected dacha (for example, if it is part of an inheritance). If the transaction takes place under a power of attorney, then it must be checked for validity and compliance with legal requirements. If the land plot was formed before the creation of a unified cadastral registration system in 2000, then it may not have agreed boundaries, since land surveying was not carried out. It is important to find the plot on the cadastral map, realtors advise. If it is marked, it has boundaries, then it is demarcated and everything is in order. If not, you definitely need to demand that the owner carry out land surveying, since this is an additional expense and if there are any problems within the boundaries and disputes with neighbors, then you will have to deal with them later. Since dachas are most often built on land plots with the type of permitted use “for dacha construction” or “for gardening”, the development and receipt of permitting documentation by the seller is not required here, and the risk of recognizing the built house as an unauthorized structure is excluded. However, there are situations when a country house is registered in the prescribed manner according to the declaration, but is built on a site with a type of permitted use, for example, “for gardening” or on an agricultural site “for personal farming”, the construction of any permanent buildings on such areas is unacceptable.

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2. What documents need to be completed and reissued by the buyer when purchasing a summer cottage with a house as a property.

2.1. The purchase and sale agreement is required primarily in simple or notarized written form. The seller also needs a cadastral passport for the land and a document confirming his ownership.

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3. Is it necessary to notarize the purchase and sale agreement when purchasing a summer cottage with a house? What documents must be notarized?

3.1. If the property is not shared, then it does not need to be certified by a notary.

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4. What documents should you ask the seller when purchasing a summer cottage with a house?

4.1. Documents of ownership of the house and land.

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4.2. Certificate of ownership and extract from the Unified State Register.

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5. When purchasing a plot of land in the village, it turned out that the house that the seller built was not registered and, accordingly, there was no title. Is it worth purchasing only a plot of land and then announcing the self-construction later on your own? Or it would be more logical to demand that the seller put the documents in order. Is there a dacha amnesty today and what are the consequences of buying a plot of land with such a house, what is the fine for unauthorized construction? Thank you.

5.1. Hello! Demand that the documents be put in order. GOOD LUCK TO YOU.

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6. I have been offered a horticultural plot of land with a house built on it for purchase. After viewing, they said that there are documents only for the property, but no documents for the house, and that in their gardening it is customary to buy and sell plots without registering houses. At the same time, they expect money from me not only for the plot, but also for the building on this plot. Their realtor then offers to register the house with the BTI. Is there a risk here?

6.1. In fact, you are only buying land, since there is no certificate of ownership of the building. Subsequently, there are risks with registration of rights to the building.

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7. Our problem is the following: We want to buy a summer cottage with buildings (house, bathhouse). According to the seller, the cadastral number of the plot is registered in his name. According to the cadastre, the cost of the plot is 100 thousand. This plot is, of course, sold for more. Question: what documents need to be drawn up when purchasing this plot and can problems arise with the house and bathhouse?

7.1. For the transaction, you will need the seller’s passport, a certificate of ownership of the property, a purchase and sale agreement and a transfer deed, a notarial consent of the spouse to the transaction, a membership book with payment of fees. Go to the chairman of the company and make sure that there are no debts on the site. Take a receipt for the seller to receive the money. If there is a certificate for buildings, then proceed in the same way. If not, then you enter into an agreement only for the plot, and then arrange the buildings yourself.

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8. Dacha plot (6 acres) owned since 2010. When purchasing, they wrote that there were no buildings, but there were. What documents are needed from me and from SNT to design a garden house (2 floors: first panel, second wooden), toilet (wooden), barn (wooden), and bathhouse (frame OSB). What year of construction is better to write and what is it made of it is better to write so as not to wrap it up. Thank you!

8.1. If the land is owned, it is better to file a lawsuit to legitimize the buildings.

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9. Is it possible to apply for an income tax refund when purchasing a plot of land with a house in the DNP?

9.1. Good afternoon Yes, it's quite possible. Contact the Internal Revenue Service.

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10. My husband is going to buy a plot of land with a house in SNT. Land for gardening, vegetable gardening or dacha non-profit partnership. Activities-expo management. Non-residential property, vegetable growing, berry growing. Cultures What documents should you pay attention to when purchasing a plot and whether the house should be registered as a residential building.

10.1. The house cannot be registered as a residential building. It will be designed exactly like a non-residential building. Regarding legal support of the transaction, you can contact me, and the issue will be resolved. Call.

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11. Please advise: when purchasing a summer cottage with a house (ownership - documents in hand), it is enough to prepare the purchase and sale agreement yourself (there are sample texts on the Internet). Then send this agreement with papers for the dacha to SARS for property registration?

11.1. Yes, you can prepare it yourself. You must also have a cadastral passport for the plot.

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12. In 2007, I purchased a country house with a plot, now I want to sell it, in addition to the state certificate, I have in my hands. registration there is an extract from the state land cadastre and a building registration card, which were registered when I bought the dacha. Do I need to get an extract from the cadastre and a registration card again, or can I bring the same to the State Budgetary Inspectorate? What other documents are needed for the State Property Management Agency and do you need a notarized permission from your spouse to sell? Thank you.

12.1. “Documents for the sale of real estate (Articles 16 - 18 of the Law dated July 21, 1997 N 122-FZ; clause 29 of the Methodological Recommendations, approved by Order of the Ministry of Justice of Russia dated July 1, 2002 N 184): 1. purchase and sale agreement on the basis whose property was acquired; 2. certificate of ownership; 3. extract from the house register 4. notarized consent of the co-owner’s spouse for the sale, if the property was acquired during marriage! "

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13. How to properly register the purchase of a summer cottage with a house and a bathhouse? What documents need to be requested during the inspection, how can I find out if there are any encumbrances? How is the purchase formalized if there are certificates for the land and house, and also if the plot in the garden society is not registered?

13.1. The question is complex and voluminous; you simply cannot explain everything. If you need help call.

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14. I want to purchase a dacha plot of land in the vicinity of Sochi. 1. What are the features of registration of purchase and sale for this area, what documents should you pay attention to when purchasing? 2. If the land is owned, it is possible to build a house on the site, with further registration in it.

14.1. You need a lawyer from this city, there is no law in the Krasnodar region, everything is decided by local concepts.

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15. I was offered a summer cottage with a house. According to documents, the area of ​​the plot is 4.5 acres. The actual area is 8 acres. The owner did not take advantage of the dacha amnesty to legitimize the changes. What difficulties may I encounter when purchasing this plot? How to legalize the entire area of ​​a plot? Thanks in advance, Maya.

15.1. Maya, good afternoon! You can only buy what is on paper. It will not be possible to legitimize the extra acres. If you only rent it from the administration. It all depends on whether there are any restrictions on these extra acres. Good luck.

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16. They offer to buy a plot of land. Land for agricultural purposes. Permitted type of use, gardening. REMOVED in 94, the documents are old, a brick 1st floor house was built on the site, but the previous owner did not register it with the BTI and did not formalize it, for what reasons I don’t know. Explain what problems I will have when purchasing this plot with an unregistered house? Will a dacha amnesty help out or will they force the house to be demolished? Would you like to preserve and decorate your home?

16.1. If this unauthorized construction does not violate the legitimate rights and interests of neighbors, then it will not be obligated to dismantle it. You need to contact the appropriate court to legalize this building. If you need help in this matter, please contact us. We will be happy to help you.

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17. A dacha plot in the Moscow region with a house and other buildings was bought by me in the 60s and registered only in my name, although I was already married in my first marriage. Now I have changed my country of residence and intend to sell this plot. In the document on marital status provided to the notary during the sale, does the data indicate my marital status at the present time - second marriage, or at the time of purchasing the plot in the 60s - first marriage? With gratitude, Gregory.

17.1. Good afternoon, Gregory! The package of documents for completing the alienation transaction will include your passport\+copy\ with a note about marriage. The institution \this is Rosreestr and (or) a notary, which is not necessary\ when checking your documents, will look at the stamp in your passport and compare it with the date of acquisition, since you got married later, the property is your personal and no additional documents are required from your current wife. As for the ex-wife, the statute of limitations after divorce is three years, when the ex-wife could lay claim to the property and if they do not pass, you need to present her consent to the sale of the property, notarized. S\uv. Marina Naumova.

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18. I am buying a private dacha plot. There is a 2-family house on it that is not privatized. What rights does the second tenant have? Are there any advantages to buying a plot? A house on the border of plots with a common wall. There are documents for ownership of land only.

18.1. It is prohibited to alienate land without a house located on it. Your sellers should first arrange everything correctly, and only then sell.

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19. What documents do the seller and buyer need to prepare when purchasing a summer cottage with a house, and what is the procedure for completing this transaction? What pitfalls might there be when concluding such a deal? Thank you.

19.1. In the Moscow region, the documents required to conclude a transaction for the alienation of a land plot are as follows: 1. Resolution of the Head of the district administration on the allocation of a land plot or a previous alienation agreement (not always) 2. Certificate of ownership of the plot 3. Plan of the land plot issued by the land committee 4. Certificate from the district tax office confirming the absence of tax arrears 5. Certificate from the town or village council confirming the absence of arrests, restrictions and encumbrances on the site. (not always) 6. Consent of the spouse 7. Certificate of the normative value of the plot 8. Certificate from the BTI (if there is a house on the plot) After collecting documents and certifying the transaction with a notary, it is necessary to carry out state registration of the right to the plot. In the Moscow region, this is done by the regional registration chambers. This is a sample list. Even in the Moscow region, the order is different in different areas. But in any case, you need to start the process of collecting documents by visiting the land committee. The pitfalls are the same as when buying an apartment - recognition of the transaction as invalid for various reasons, transfer of money, substitution of addresses and many others.

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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.

Be sure to read it! How to assign an inventory number to a fixed asset

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.

Rules for purchasing land and land with real estate

In order for the purchase of a plot in SNT to be completed correctly, you must adhere to the following algorithm:

1. First, the value of the property you like is assessed.
2. The parties discuss the details of the transaction and prepare all the necessary documents.
3. The buyer and seller draw up a preliminary purchase and sale agreement, which outlines the nuances of the upcoming transaction.
4. Usually they request the transfer of a deposit, the amount of which is usually up to 10% of the transaction value. The fact of transfer of the deposit is indicated in the preliminary agreement.
5. Once all issues and hiccups have been resolved, they sign the main contract for the purchase of the memory.
6. Afterwards mutual settlements are made.
7. The new owner goes to government agencies and registers ownership of the land and house.
8. After registering the status of a property owner, all that remains is to pay personal income tax to the treasury.

The last step will be participation in a meeting of SNT members dedicated to the admission of a new participant to the Partnership. Based on the results of the meeting, a protocol will be drawn up, which will document the fact that a new person has joined the organization, after which the owner of the storage unit will be given a membership book.

The sequence of actions changes if the plot is sold without a house:

1. First you need to get a decision from the SNT meeting.
2. Afterwards, land surveying is ordered from a certified organization.
3. The plot is put on cadastral registration.
4. The parties enter into an agreement for the sale of land.
5. The seller receives the promised amount, and the buyer registers his rights to the object in Rosreestr.

On a note! You need to buy a plot only from a person who has a lifelong right of ownership or an indefinite right of permanent use. Only such an owner can sell a plot listed in the SNT.

Is it possible to legally sell a plot of land without land surveying?

When selling part of the allotment, its shareholders have the right to buy it first. The owner must notify them in writing about its sale, indicating the price and terms of sale. This right can be exercised within 30 days from the date of receipt of the notice. If no one has expressed a desire to do this, then the owner can offer his property to strangers at the price he indicated to the shareholders.

In addition, it will be impossible to realize a share of the territory for agricultural work without land surveying. To complete the transaction, the owner will need to allocate the share using land surveying. After such a procedure, the owner will be able to sell it to a third party if the local municipality does not express a desire to buy such an object within 30 days.

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Necessary documents for purchasing a plot in SNT

So, all the formalities have been settled, the plot has been found, and you are ready to buy a plot of land in SNT. You will need a certain number of documents in order to complete the transaction and re-register ownership.

The main document that the land seller must present is a certificate of state registration of title. It is registered with the Federal State Registration Service for Cadastre and Cartography for the territorial district in which the land you are purchasing is located.

The Certificate of Ownership contains the following information:

• Date of receipt of the document;
• Basis - documentation according to which the current owner received the right to own the site. This basis is often a purchase/sale agreement;
• Information about the owners, details of their passports;
• Category of ownership – shared or full ownership;
• Information about the object of law - category of land plot, type of permitted use, its area and postal address;
• The number under which the land plot is registered in the Cadastre;
• Current legal restrictions on the land;
• Full name, signature of the registrar, as well as seal;
• Serial number of the document.
• Additional owners, if any, may be indicated on the reverse side of the certificate.

Important! If the owner offers you a Garden Book as a document of ownership, this means there is no right to own the land.

Such a transaction will not be valid - you will only acquire the right to use the site, but the right of ownership will remain with the previous owner, who is most often the municipality. Even the chairman of SNT himself, or members of his board, do not have the right to carry out a sale without a Certificate of State Registration of Property.

With home

• Agreement and act of acceptance and transfer;
• Extract from the cadastral registration of real estate;
• Technical passport or cadastral passport of the house;
• Receipts for payment of state duty;
• Extract from the house register;
• Preliminary policy statement in which to mention the house.

If the dacha is for sale

You can sell a summer cottage plot in SNT only if it is owned by the seller, that is, the extract from the Unified State Register for this plot contains the necessary information about the seller, and not about the partnership or municipality.

The so-called “garden book sale” is not a sale in the legal sense of the word. In this case, the seller does not transfer the land plot itself, but only membership in the partnership and the right to own the land.

If the seller is the sole owner of the land plot, the package of documents is identical to that stated above.
If the land is not privatized, and it is not the plot itself that is being sold, but the right to use it, you will need the following documents:

1. Garden book.
2. Certificate of absence of debt on membership fees from the chairman.

In this case, the parties do not register the buyer’s right in Rosreestr, but register with the chairman of the partnership the entry of a new land user into the partnership. After joining, the new owner can begin to resolve the issue of privatization.

Sample agreement and act

The documents below contain all the required fields. The registration procedure is as follows (stages):

1. We enter your details and describe the item for sale - land and house.
2. Enter other necessary information.
3. We sign the document with our own hands and hand it over to the other party for signing. We create 3 copies in total.
4. There is no need to certify with a notary.
5. Together with other documents, we go to the MFC to register the right to the buyer.

After submitting the documents for registration, Rosreestr employees will check the legality of the transaction, after which they will give each party a copy with a registration mark. The buyer will also receive an extract from the Unified State Register.

Documents of the parties

Before signing the contract, you need to make sure that there are no obstacles for the parties to complete the transaction. Documents will help:

1. Passport.

Using a passport, you can determine the citizenship of the party, by date of birth - whether an adult citizen or not, by stamp - whether an official marriage is registered or not, and also whether the seller has minor children who may be registered in the house or be the owners of the property.

1. Spouse's consent to sale.

If the seller is in a registered marriage and common property is being sold, it is necessary to obtain the consent of the wife or husband for the sale. The consent is formalized by a notary.

1. Notice of the pre-emptive right to purchase – if there are several co-owners.

Such notice is drawn up in writing and delivered to each of the co-owners personally, by registered mail or through a notary. After serving the notice, you need to wait one month, and if none of the co-owners buys out the share, then you can sell it to a third party. To reduce the waiting period, the co-owner issues a notarized written refusal to purchase the share.

1. Power of attorney for a representative.

If the purchase and sale agreement is signed by power of attorney, then you need to issue a notarized power of attorney to represent interests. The power of attorney must contain all necessary powers expressed in a clear form.

SNT in 2020

From the first day of 2020, such concepts as a dacha or a cooperative farm will legally cease to exist, and the association of participants must have time to undergo reorganization in order to assign itself a new legal status and name. The new form of organization of the partnership is approved within the framework of the general convocation of land owners - they will become the basis of the future SNT.

The convocation must end with the creation of a list of participants (at least 7 people). The list is compiled indicating passport data, cadastral land numbers and document numbers confirming the right of ownership and disposal of the site. Members of SNT can only be individuals, and membership in the partnership must be confirmed by a special document (for example, a book), which must be prepared within three months.

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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.

How to buy a summer house: step-by-step instructions

Federal Law No. 122 “On Registration of Real Estate Transactions” was amended by Federal Law No. 93 regarding the “dacha amnesty”. Its essence is that citizens could have the right to register ownership in the absence of land surveying on the basis of a cadastral passport. Now the amnesty has ended, but perhaps it will be extended.

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Even without being the owners, the owners of dacha plots had the opportunity to obtain technical documentation for them (we are talking about land). Until 2008, they were issued cadastral plans, then cadastral passports. This is a document describing the location of the land plot, its diagram, cadastral (estimated) value and indication of the size, encumbrance (collateral).

The procedure for purchasing a plot in SNT

If everything is in order with the owner’s documents, a deposit is paid, approximately 10% of the total transaction value. Usually the deposit is not returned if the transaction is disrupted due to the fault of the buyer. A preliminary agreement is drawn up.

Next, the purchase and sale agreement itself is signed. Here you need to carefully check all the data for errors. If there is at least one incorrect number or letter of the passport data, the transaction is invalid.

Important! The agreement must indicate that payment for the land has been made in full, otherwise the Registration Chamber will not accept the agreement.

Then the documents are submitted to the registration authorities. The package consists of:

• Purchase agreement;
• Evidence of ownership;
• Cadastral passport - if the owner does not have it, after the expiration date it is re-ordered at the Registration Chamber, the issuance period is 14-20 days, it can be ordered on the Internet. Contains information about the plot number and the date this number was entered into the register, the location of the land, type of use, area, cost calculated by the state - the land tax will be calculated from this;
• Receipts for payment of duties;
• Powers of attorney for third parties, certified by a notary;
• Passports of the parties to the transaction;
• The act of transferring property into ownership.

It is worth preparing several copies of each document in advance.

So, how to buy a plot of land in SNT? You need to select land that matches your request, find out as much as possible about it, communicate with neighbors, make inquiries with the district court, administration and Cadastral Service. When making a transaction, it is important to monitor the correctness of the data in each document, to have new documents and copies of them. The transaction will be considered successful and completed after the new owner is given a Certificate of Ownership with his details.

The state

You can purchase real estate from the state at cadastral value. This figure will be indicated in the extract of the Unified State Register of Real Estate on the cadastral value of the property, which can be obtained free of charge electronically and on paper. There is an opportunity to fill out an application on the Rossrestr website, and the MFC can also help with this.

You can order an extract for the current date, or for another, at the request of the person applying.

The cadastral value is determined by state cadastral valuation, the procedure of which is described in detail by the Federal Law of July 29, 1998 N 135-FZ “On Valuation Activities in the Russian Federation”. The law applies to all owners of apartments, dachas, and land plots.

From the owner

If you can buy real estate from the state at the cadastral price, then the owner always “increases” his market interest.

On average, a dacha can be purchased in Russia for a price slightly above a million and indefinitely. But from 2 to 5 million rubles. you can buy a decent country house with a neat garden plot.

Pitfalls and possible difficulties

When purchasing, you must check whether the owner of the plot is occupying someone else's land . It often happens that the owners installed the fence incorrectly, seizing part of the territory from a neighbor or a piece of public land.

In this case, the seller must legitimize the existing situation by registering the ownership of the used surplus land. Or move the fence so as to free up illegally occupied territory.

Before the transaction, you need to check several aspects:

1. cadastral work was carried out in relation to the site, it has formalized boundaries marked on the cadastral map of Rosreestr;
2. the owner of the land and the seller are the same person;
3. The purpose of using the site is gardening.

All the necessary information is in the extract from Rosreestr.

The plot must be registered as the property of the seller.

Some citizens sell plots that are provided to them for use as members of gardening associations. A sale is a situation where the former owner of a property ceases to be a member and a new owner takes his place in the partnership.

Purchasing an unregistered plot is associated with great risks. There is no template agreement for executing a transaction for the assignment of membership in a non-profit organization. The decision to accept a new member of the partnership is made at a general meeting, and the candidacy may be rejected.

Main risks when purchasing

When purchasing a house together with a plot, it is necessary to add to this list of documents: the original and a photocopy of the certificate for the house, a certificate from the local government that no one is registered in the house.

SNT can express a claim against the former owner of the site and member of the Partnership, demanding payment of debts on contributions. Such a case may arise if the Chairman of the Partnership is not aware of the change of owner. In this case, it is enough to present a certificate from the Russian Register.

Seller's dishonesty

It happens that in order to speed up the sale, the seller or agency conceals important circumstances. For example, the purchased plot may belong to the forest fund lands and cannot be sold in principle. In this case, you can only rely on rent.

Sometimes the seller does not warn the buyer about the category of land. For example, agricultural land cannot be used for industrial purposes, and the buyer must separately deal with the transfer of the site to another category. The land may be seized without permission, and there is simply no legal right to it.

The plot may be under arrest, a ban on sale, or sold several times (usually with old-type deeds without cadastral numbers). Fraudsters often use fake property certificates (duplicates, invalid, etc.), so the Russian Government has decided to abolish them. From 2020, only an extract from the Unified State Register will confirm ownership.

Careless paperwork

The compiled documents sometimes do not match the data in the cadastral passport in size. Often, when concluding an agreement, they forget about the interests of third parties (spouse) who have property rights to land if it was acquired during marriage. If a minor has rights to land, then the agreement requires the consent of guardians and trustees.

Inattention

There are cases when, after a transaction, the buyer receives a completely different plot. They showed one and sold another - worse. Be careful - make sure that the cadastral numbers in the documents correspond to the areas you are looking at on the ground. To be on the safe side, ask the seller for a cadastral passport and delineation of the boundaries of the land plot on the ground

New law for summer residents - what to expect for Russian gardeners in 2020

According to official data, today there are about 60 million summer residents in Russia, and they account for about 40% of all agricultural products produced in the country. This is a fairly significant group of the population, and not everyone liked the law affecting its interests. What should you prepare for if you have a dacha, and will anything change in your life and finances?

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According to the new requirements, the work of the chairman, audit commission and members of the board will be officially paid. The amount of payment must be agreed upon at the general meeting. By the way, now officials are elected not for 2 years, but for 5 years.

Adviсe

1. Remember that currently you cannot sell land separately from the house on it, and vice versa. Only a real estate complex can be sold.
2. The land plot must have clearly defined boundaries, that is, be demarcated. Otherwise, it will not be possible to sell the land.
3. It is impossible to sell leased land - you can only assign the lease right to another person.
4. To complete the transaction, order fresh extracts from the Unified State Register of Real Estate so that you have up-to-date information when selling.

We talk about new laws for summer residents in 2020 13452

The restrictions were introduced intentionally. To prevent townhouses, self-construction in the form of multi-storey studio apartments or “palaces” from appearing on personal land plots. The law does not prohibit merging two adjacent plots. However, even in the case of a merger of several land plots, buildings should not occupy more than 40% of the land.

IT IS IMPORTANT TO KNOW!
The legislator gives the developer 10 years to build a house.
The new notification about the start of development applies only to buildings with an area of ​​no more than 500 square meters. Everything above is still required to undergo a full-fledged urban planning examination. We recommend reading: What subsidies are available to a young family with one child 2020 in Tyumen