How to Protect Yourself When Buying a Land Plot


Checking the site before purchasing

How to buy land correctly

First you need to choose the size of the plot. It depends on the size of the house you want to build. It is better if the ratio is 1:10.

Then you will need to perform the following actions necessary when purchasing a plot of land:

  • determine the status: plot in SNT or for individual housing construction;
  • make sure that the location is safe for life;
  • verify the presence or absence of connected communications and utility networks;
  • if there is a need to drill a well, check the depth of the aquifer;
  • check the quality of water from wells;
  • to select the type of foundation for a future building, collect information about the underlying soils;
  • to determine the likelihood of flooding of a land plot during a flood, the level of groundwater is checked;
  • clarify the situation with the sewer system;
  • pay special attention to documents.

If a plot of land is purchased with a residential building, you should:

  • make inquiries about the materials from which the house is built;
  • find out how long ago it was built;
  • measure the distances between existing buildings on the site, check the boundaries of yours and neighboring ones, and the actual parameters with those specified in the documentation;
  • establish the type of each building (commercial or residential, if any);
  • make sure that buildings that physically do not exist are not registered on the land plot;
  • check the actual area of ​​the site and structures with that indicated in the documents;
  • make sure that there are no illegal extensions or alterations;
  • check if there are any problems with the BTI;
  • make sure that communication systems are available and in good working order, and that their installation is legal.

How to Protect Yourself When Buying a Land Plot

Meanwhile, you can easily become a tenant of such a problematic house. How to protect yourself before buying an apartment or house on a questionable plot of land? And what should the future owner be wary of? Experts have some advice on this matter.

First of all, professionals in land relations recommend paying attention to the proximity of a body of water or forest to the house. In both options, problems are possible. This is the overlap of the boundaries of development areas with the forest fund or coastal strip. In addition, the land documents themselves should be wary: if they were issued, for example, in the last millennium, it is not a fact that the plot was properly registered. Accordingly, ownership of it can be challenged at any time. But even modern extracts from various departments are sometimes unable to protect the new owner. You can’t do it without the help of specialists.

Individual housing construction or SNT?

Each land plot has a documented status. This could be an SNT (garden non-profit partnership) or IZHS (individual housing construction). The choice of status depends on the purpose of acquiring land.

Advantages of the individual housing construction site

  1. The main advantage of land for individual housing construction is that, at the expense of the regional budget, all kinds of communications (electricity, water, gas) are supplied and roads are built.
  2. No problems in obtaining registration and postal address.
  3. It is easy to obtain a tax deduction for a built house.
  4. Shops, hospitals, clinics, kindergartens, etc. are usually located nearby.
  5. There are no problems when renting out land to individual housing construction as collateral (to obtain a targeted mortgage loan).

Flaws

  1. It is allowed to build one house, with a maximum of three floors. The construction of a multi-entrance or multi-storey building for the purpose of selling apartments is prohibited.
  2. Completing the necessary documentation will take a lot of time.
  3. There are no guarantees for the quality of communications provided at the expense of the regional budget.
  4. Taxes on individual housing construction land are higher than on SNT.

Advantages of a site in SNT

  1. The cost of land is lower than individual housing construction.
  2. SNT sites are located in areas with good ecology and fertile soil.
  3. Unlike individual housing construction, SNT land can only be used for growing agricultural products; building a house here is not necessary.

Flaws

  1. The solution to the problem of connecting communications and building roads falls on the shoulders of the owner.
  2. The cost of communications often exceeds the cost of the site itself.
  3. It is very difficult to register in a house in SNT, and most often it is not possible.
  4. Often hospitals, shops, schools, kindergartens are located at a great distance.
  5. The plot is difficult to secure.
  6. A house built on land in SNT, regardless of size and cost, will have the status of a country house. This will reduce its selling price.

Buying a plot for individual housing construction is more profitable for those who need permanent registration and those who do not want to waste time, effort and money on connecting communications. The price of land for individual housing construction is higher than the price in SNT and this difference is justified. A plot in SNT is a more advantageous option if, for example, the neighbors agree to work on laying out communications through joint efforts.

Buying a Plot of Construction Construction What to Pay Attention to

2. If you own the land, you can build anything you want. But first you need to agree on the construction project. In the village, we drew a house on the plan (just a square on a white sheet with a north-south reference, a well, a barn, a garage and a bathhouse) and went to the village council, where they signed it and everything seemed to be done. They don't need floor plans. If the theologian refers to Vladimir, don’t be lazy and get to the architecture, they have days when consultations are held. For physicists, the procedure is very simple. You will have to do this in order to register the house and register later.

Interesting read: What documents are needed for land surveying?

Gas is complete gas. I can’t start building myself because of it. I don’t know where to turn as a resident theologian. But from experience, you go to Gorgaz and write an application for connection. They will give you TU. The price can be from 80,000 rubles to 3.5 million. You won’t guess. Go to the locals, find out where you connected, then go there and ask questions. If, God forbid, the pipeline has to be laid on someone else’s land, go and ask immediately if they will be against it. It happens that gas workers say that there is not enough pressure, it is necessary to install a larger diameter pipe from the gas distribution system to your home. It could be kilometers. In principle, there are people who did not bother with gas and installed a solid fuel boiler. It’s also automatic, fueled by granular fuel, to be honest I haven’t looked into it much, but they say it’s not more expensive than gas.

Documents required for the acquisition of land

The seller must provide the following documents:

  1. Passport of a citizen of the Russian Federation.
  2. If instead of the owner of the site, his representative is dealing with you, he must provide him with a passport and a power of attorney certified by a notary.
  3. The entrepreneur must provide a passport and a document confirming state registration.
  4. A legal entity provides constituent documents.
  5. Mental health certificate.

Documents for completing the transaction:

  1. Cadastral passport for land.
  2. A document establishing the right to property (an act of acceptance and transfer of land into the authorized capital, a certificate of a paid share, a donation/exchange/purchase agreement, a certificate of inheritance, an administrative document from the authorities).
  3. Certificate of ownership, indicating state registration of the right to the site, confirming the owner’s right to sell.
  4. Refusal of a subject of the Russian Federation to purchase this property.
  5. If there are buildings on the site, documentary evidence of their legal registration is required.
  6. Certificate of absence of arrests.
  7. Extract from the unified state register of rights to the plot.
  8. Certificate of standard value.
  9. Documented consent of the spouse for the sale.

Based on these documents, you can complete the procedure for drawing up a purchase and sale agreement, to which an act of transfer and acceptance is attached. When checking documentation, carefully check the passport data contained in the document with the data in the passport presented to you.

What plot are you planning to buy?

individual housing construction

SNT

Buying a plot of land pitfalls

Advice from lawyers:

1. What are the pitfalls when buying a share of a plot (bare plot)?

1.1. If the share is not allocated, then you can actually use the entire plot, like other participants in shared ownership.

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2. I wanted to purchase a plot of land, they offered the plot at a price lower than the cadastre. Is it worth purchasing and what pitfalls can there be with such a purchase?

2.1. Registration may be denied.

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3. They offer to buy a plot of land for individual housing construction, which is in common shared ownership of legal entities (PIF). The plot has its own cadastral number. The seller claims that after the purchase, ownership of the plot will change to “Property”, whereas now it is “Common Shared Ownership”. Is this legally possible and what could be the pitfalls?

3.1. This is possible if the plot is immediately registered as a separate property. But the most important question is, whose roads will there be? Then, like in other villages, they will cost three skins to get through, to take out the garbage, so that a car will drive up... they will put up a gate and that’s it...

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4. Purchase of land according to the gene. power of attorney or agency agreement. What's better? And what pitfalls can there be when buying a plot.

4.1. Depends on what powers are provided. In any case, a power of attorney must be used to sign the purchase and sale agreement. What's in the agency agreement? Not quite clear.

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4.2. Options for the development of events depend on the powers that are specified in the agreement and power of attorney. The authority to conclude a transaction on behalf of an individual is in any case certified by a notary.

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4.3. It is better to buy a plot directly from the owner, with the participation of a lawyer who will provide legal support and ensure that the documents are completed correctly. Sincerely, lawyer in Moscow - Stepanov Vadim Igorevich.

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5. I have a deal to buy a plot and a house in SNT, I don’t want to wait for completed documents from Rossreestr, but upon concluding the sale and purchase I want to immediately receive the keys and pay for the purchase. What pitfalls can await me with this action?

5.1. Good afternoon There are nuances here, for example, you need to look at the object for encumbrance, if it is under encumbrance or in a legal dispute, then you will not formalize anything, you must look at the documents for the land, now this is a very sore point! In general, there are a lot of nuances, you need to look at all the documents!

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5.2. This is very dangerous: the seller can remove the transaction from registration, receive the money and return the plot and house. Those. You may be left without money and without an object. In addition, the object may be under encumbrance. Optimally - payments through the cell upon registration. You can also agree on the transfer of keys upon your actual entry directly upon concluding the contract, i.e. without waiting for registration.

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6. I want to buy a plot of land, its purpose is to run a dacha farm, but the land is located in the river zone. What pitfalls may arise after the purchase and can I build a house?

6.1. Good afternoon. If there is a water protection zone there, then you will not be allowed to build a house.

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7. We are buying a plot with an old house for the construction of a new one, where should we start so as not to get into trouble with the purchase of the plot? It would be advisable to go into more detail about where there might be pitfalls, etc. Thank you.

7.1. Good evening. How can I answer your question without seeing the documents for the land and the house? If there is a house on the plot, it means an individual housing construction plot. This is good. If you are going to build a new house on the site of an old one, check whether the foundation of the old house fits into the new distance standards (SNiPs). Otherwise, Rosreestr employees may come and demand the demolition of your house. And in general, take the documents to a lawyer.

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8. A large family received an individual housing construction plot of land. The house was not built. Put up for sale. What are the pitfalls when purchasing such a plot of individual housing construction?!

8.1. Most likely, the consent of the guardianship and trusteeship authority will be required for the sale if there are minors in the family.

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9. What pitfalls might there be when purchasing a plot that was given to a disabled child, but the mother re-registered it in her name and is the sole owner.

9.1. A lawyer needs to have a thorough and detailed understanding of the legal situation and documents. No other way!

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10. We want to buy a plot of land. But it is not privatized. What's the best way to proceed? Should I ask the owner to privatize or can I do it myself? And what are the pitfalls in buying a non-private memory? Thanks in advance for your answer.

10.1. Dear Ekaterina! You cannot buy a non-privatized plot. It cannot be sold because... owner state. Not to ask, but to force the future seller to privatize it. You can take a power of attorney, but this is a risk; the seller may refuse to sell to you or will raise the price. Privatized plots are more expensive.

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11. The plot is owned under a gift agreement. Bankruptcy of the owner, encumbrances: prohibition of transactions with property, mortgage. When purchasing this plot, what pitfalls can the new owner expect?

11.1. No pitfalls

- everything is on the surface: - bankruptcy of the owner, encumbrances, prohibition of transactions with property. Conclusion: the transaction will not take place legally.

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12. My husband and I want to take out a mortgage to buy a plot of land and build a house on it. The construction will be carried out by an organization; the site is registered not in the name of the organization but in the name of an individual. face. What are the pitfalls and how to avoid unnecessary expenses other than life insurance.

12.1. Good afternoon For a land plot: you enter into a regular purchase and sale agreement with the owner of the plot. After registering ownership of the plot, you enter into an agreement with a construction organization to build a house. The main thing is to find builders who will enter into a written contract with you indicating the price, construction time, warranty, addresses, telephone numbers, etc.

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13. I want to purchase a plot of land in SNT, it is owned by two people - 2 brothers (1/2 each - by right of inheritance) Both are ready to sell. The questions are as follows: 1. can we draw up contracts without a notary? 2. land surveying has not been carried out and I am ready to carry it out myself after purchasing the entire plot (will there be a problem with registering the right? 3. Can there be any other pitfalls? Or is it all simple? — 2 contracts and a right to register? Please help!

13.1. Or is it simple - 2 contracts and registration rights? It's simple. But the notary will have to pay, since the transaction requires mandatory notarization. Also see if there were any disputes among other heirs regarding the inheritance.

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14. I am planning to buy a plot of land with a house, two daughters are the owner of the house, the land is in the possession of the mother. The daughters plan to register a donation for the house in the name of their mother and after that sell the house and land. Tell me, will there be any pitfalls in such a deal?

14.1. Good evening! They do everything right if their daughters are adults. Real estate should follow the fate of the land, so it is better if there is one owner. To be on the safe side, you can join your daughters and mother at this stage. A preliminary agreement for the purchase and sale of a land plot with a house, where it should be indicated that after registering the transfer of ownership of the house to the mother, the main purchase and sale agreement will be drawn up between you and her, as well as the price and terms (until such and such a date or within a then months), isolate objects.

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15. We are considering buying a townhouse; most of them are sold on TNT sites. Never encountered this before, what could be the pitfalls? Should the land go along with the construction; if not, what difficulties arise from this? Thank you.

15.1. Good afternoon, dear visitor! Yes, of course, in this case the land goes along with the construction. All the best, I wish you good luck.

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15.2. Good afternoon In such cases, the land plot is in common shared ownership, like the house itself, so the transaction must be completed by a notary in compliance with the order of priority purchase of co-owners. The land plot must follow the house and be sold together with it (share in the right of common shared ownership).

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15.3. There are a lot of “pitfalls”, but the main thing is that the land will not belong to you (only a share), which means that all possibilities for using, disposing of the land, etc. are only by agreement... in a word, you are entering into a PARTNERSHIP with a collective form of government... I advise you to get full information during a face-to-face consultation...

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16. Please tell someone who is not experienced in this matter!? We are buying a house with a plot of land for 100 tons, how does the purchase and sale transaction go? Who should pay for the transaction? What documents are needed from the owner, is it necessary to order additional certificates if the sellers only have certificates of ownership. Or is it better to make a gift agreement!? How can we best purchase a purchase with minimal costs and without pitfalls?

16.1. Good afternoon. The parties bear the costs of the transaction as agreed. As for the amount, I do not recommend that you underestimate it, since this is the main pitfall and in the event of termination of the transaction, for example, you will receive only the amount specified in the contract.

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17. We are planning to purchase a plot of private housing construction of 18 acres for the construction of a house, but as it turned out on the public cadastral map, there is a small other plot of 12 square meters on this plot. meters - Permitted use: For placement of energy facilities according to the document: Energy, with temporary status. Explain the pitfalls? What will be done with such areas in the future? What happens after buying and building a house? Or he can bypass it altogether and not buy such a plot.

17.1. Dear Yulia Kirov! To begin with, I recommend that you look into the Cadastral Passport for this Land Plot. Good luck to you Vladimir Nikolaevich Ufa 09.11.2016

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17.2. They don't do anything. So, for example, a transformer booth or some kind of pole can be installed in this area at any time. Therefore, decide whether you need such a site or not.

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18. I live in Crimea and want to buy a house there, but the plot on which it is located is not privatized. Please tell me, will I be able to privatize the plot after buying a house, what difficulties and pitfalls will I encounter and how much will it cost? Thank you!

18.1. It all depends on what right the site is located on; carefully study the contract to see if there are any restrictions. If there are no restrictions, the owner of the premises can acquire ownership of the land plot. It is better for you to provide the lawyer/lawyer with the documents for review.

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19. They offer to buy a summer cottage that is not owned by the seller (squatting), what are the pitfalls of such a purchase?

19.1. Hello! With the same success you can sell your neighbor's apartment. You will not have any rights to the dacha plot, and if the owner of the plot shows up, he will no longer allow you to enter this plot.

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20. My husband and I looked at a house for two owners in the Moscow region, the plots were owned, but the owner did not tell us about the house, what its status was. We would like to buy and later change the foundation, make an attic. What should you pay attention to when buying a “house for two”, where are the pitfalls?

20.1. You first find out what you are going to buy: a plot with a house or a plot with an unfinished construction project. Important.

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20.2. Hello! This is the most “problematic” housing, since the property is shared. Without the consent of the other owner, you will not be able to even install a board, let alone replace the foundation.

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20.3. First of all, find out the subject of the transaction - the allocated part of a residential building or 1/2 share in the ownership of a residential building. If a share is sold, reconstruction and major repairs will be possible only with the consent of the owner of the second share.

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I am planning to purchase a plot of land in KPP. The seller does not want to make payment through a safe deposit box or letter of credit.

SNT has ceased to exist legally, but the seller has a certificate of ownership of the land. Are there any pitfalls when purchasing such a plot?

I'm going to buy a plot of land (LPH) with an unregistered house. Will I have any difficulties or fines when registering a house after purchasing a plot? What pitfalls might there be?

What questions to ask the seller. What documents do you need to pay attention to in order for the transaction to be clean? Are there any pitfalls when buying a plot of land in SNT?

Plot 15 acres. (SNT, DNP) picturesque plot of 15 acres in the center of the village. Artybash,

What documents must the seller provide when selling a house and land?

We decided to buy a summer cottage, called the seller, and all they had was a membership book.

I would like to receive a preliminary consultation and subsequent in-person consultation on the purchase of a land plot (preferably in V.

They offer to buy a plot of land issued for private housing construction to a large family,

There is an opportunity to buy a plot of land with a house, but it is being sold by people who bought it with a receipt from the granddaughter of the owner.

I'm going to buy a plot of land. Tell me what the pitfalls might be?

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