The country house is not registered, what threatens it: latest news, changes, tips

⭐ ⭐ ⭐ ⭐ ⭐ The legal topic is very complex, but in this article, we will try to answer the question “Purchasing a Land Plot With an Unregistered House Nuances 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

An extract from the Unified State Register for the object you are interested in can be obtained from the MFC, Rosreestr or on the official website of the department. You will have to pay a state fee for information
.
Its size depends on the information you want to receive, that is, on the type of statement
.

In the future, such owners tried to get the maximum benefit from the sale of the land and such a house as quickly as possible. It was much easier for the owner to refuse the deal if the buyer demanded that documents be drawn up in a routine manner than to deal with registration
.
The purchase of a plot of land with an unregistered house turned into the acquisition of land, and the buildings were simply attached to the transaction. Their further fate depended entirely on the enterprise of the new owner
.
Read also: Use of the adjacent territory of an apartment building

Register your deal

Of course, the “dacha amnesty” greatly simplifies the registration of ownership rights to buildings, but in some cases it will not help. In addition, we must not forget that there may be disputes regarding an erected and unregistered building: for example, neighbors will not be satisfied with the distance from the border with an adjacent plot

. Often houses are built entirely or partially on other people's land plots.

Under the dacha amnesty, it is possible to legalize not only the land, but also the buildings on it: a house, a garage, a bathhouse. But this is a separate topic, and there are other requirements. There is a summer house on our site, but we are going to dismantle it and build a new one, so we have not registered ownership of the house.

How I registered ownership of the land

Next, it was necessary to prepare documents for the court: a claim on the obligation of the Saransk administration to provide a land plot. This is a very important point, since the outcome of the case will depend on the availability of all the necessary documents and evidence.

Why register your grandmother's land as property?

Based on the administration’s resolution, the state registrar will formalize ownership, and will take all information about the new site from the boundary plan. The registrar will enter all this information into the unified state real estate register - EGRN.

You transfer all remaining documents to the buyer - now he manages them. In some cases, employees of the MFC or Rosreestr may ask you to provide additional documents - if you still have them, give them to the buyer or personally to the government agency.

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Ask whether the house is listed as a work in progress or not. If yes, you can check for encumbrances and sign a purchase and sale agreement. If not, ask why the seller did not issue a cadastral passport and whether he plans to do so. Some may agree to do the documents if you give a deposit.

How to buy an unfinished house

If communications are already connected to the building, you need to provide separate designs for them. For example, a project for water supply, electrification and gas. If you have not installed communications yet, the buyer can do this himself: after re-registration of ownership, he will contact the appropriate services.

This scheme, when the seller represents the owner by proxy, is simply loved by scammers. Therefore: vigilance, vigilance and vigilance. There were cases when not even a fraudster, but an honest intermediary, only after such a check found out that the power of attorney had lost force.

Legal norms and rules

When applying, you do not have to provide a payment document confirming the fact of payment of the duty. Information that the required amount has been paid should be reflected automatically in the registration authority. A copy can be included in the package of documents only to speed up the review process.

At the gardening partnership, the lawyer said no. It’s good that they suggested checking at the MFC. The operator reassured that she had to stand, since since 2013-2014 all gardening partnerships have been obliged to transfer cadastral information to Rosreestr. To be sure, I made a request for information on real estate objects.

To paraphrase Parkinson's and Murphy's laws, we can say that if the documents for the house could not have been completed, then most likely they were not issued. If the documents were not drawn up by the testator, then the rights will have to be proven by indirect documents, using requests to archives and other organizations.

The division of a house is a complex and unpredictable process; the division of an unfinished house becomes more complicated many times over, since the status of the subject of the dispute is not sufficiently defined and each situation has its own nuances.

Thus, registering ownership of a country house makes sense if the owner plans to dispose of his property in the future (sell, mortgage, donate, and so on). Without giving your real estate official status, it will be problematic to fully manage the property. In addition to the advantages of decorating a house on a summer cottage, there are also disadvantages.

Which dachas are dangerous to buy: cadastral chamber specialists warn

How to avoid this - invite a cadastral engineer and inspect the site with him. Having received information about existing or possible problems, the buyer can calmly weigh the pros and cons and decide whether he needs this headache.

Don't trust and check

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.

If you buy a house for which documents have just been drawn up, you may encounter a seller who will ask you to indicate in the papers an amount of less than one million rubles. This is done in order to avoid paying income taxes. Despite the fact that such an action is illegal, it will not be possible to obtain a plot of land in any other way, since there are no legislative acts that would force agreements.

Registration before March 1, 2020

For owners of houses on dacha plots, the “amnesty” brought new difficulties. Previously, summer residents did not need to register buildings at all. Now they need to be notified to the Federal State Registration Service.

Until the end of February 2020, the procedure was different - for registration, only a technical passport with a declared structure was required. After contacting the cadastral engineer, a technical passport was issued, which was sent to the federal executive authorities. Registration was carried out on the basis of the generated document.

On a note!

In the absence of permits and documentation for the construction of a house in 2109, the authorities have the right not only to demolish the building. But also to take away the plot of land on which it was built.

Features of purchasing a plot of land with an unregistered house

This point is especially important for people who have houses on their garden plots. On such lands it is not necessary to carry out cadastral work without fail, and the total state duty exceeds 350 rubles.

What could this mean?

This is a particularly bad case, since the plot and house in the village are no-man's land. The authorities will have every right to recognize the site as ownerless if, within five years, ownership or lease rights to the land, and later to the facility, are not registered.

The justification for the need to survey land plots is contained in Federal Law No. 447 “On Amendments to the Federal Law “On the State Real Estate Cadastre” and certain legislative acts of the Russian Federation”, adopted by the State Duma in December 2020.

Where to start designing

According to the latest amendments, to officially enter into the register of housing construction located both in a populated area and on the territory of the Gardening Non-Profit Partnership, you need to:

send a notice with parameters to a local organization that provides resolution to public issues;
Attach to the petition: extracts from the Unified State Register of Rights, technical plan, documents on ownership;
Expect a response from the administration within a week;
send the following notice thirty calendar days after completion of construction;
Attach to the written notice: a check for the mandatory payment for registering the house, a response to the first notification sent, copies of documents;
wait until local authorities submit a notification to the Federal Service for State Registration, Cadastre and Cartography;
If you wish, you can speed up the procedure by sending the documents yourself.

From 2020 you cannot sell a house without land surveying

The law does not have clear parameters for who can carry out land surveying for free. Most often, “free land surveying” refers to the action of a municipal authority that sells a plot of land at auction. The law also defines the concept of who should carry out free land surveying and how. The free survey procedure is carried out only as part of complex cadastral works.

This is important to know: is it possible to sell a plot of land without a land survey procedure?

Well, ryu: at present, Law No. 218-FZ does not provide grounds for suspending state registration of rights to land plots due to the lack of information in the Unified State Register of Real Estate about the coordinates of characteristic points of their boundaries (due to the lack of “land surveying”). The current legislation also DOES NOT CONTAIN restrictions on transactions with land plots, the boundaries of which are not established in accordance with the requirements of land legislation. Moreover, there is no rush to do it before a certain date. This procedure can be carried out at the discretion of the owner, there is no time limit.

There is no evidence that the transaction is transparent, since the house may not meet urban planning requirements, which will make it impossible to register the property until the deficiencies are corrected.
Increased lot taxes in some cases if the home is not registered within a certain time.

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With this type of purchase, the seller usually requires the buyer to pay all or most of the value of the property. A preliminary agreement is precisely necessary so that there are no disputes between the parties, and they can indicate in the document all the nuances of payment. A power of attorney can be issued to any person, so these two methods are completely legal. In addition, the conclusion of a preliminary agreement is permitted.

How to register the purchase and sale of a garden plot

In cases where a house redevelopment or some kind of construction is planned, then you should not worry about purchasing land with an unregistered house. After you have made the necessary changes, you can apply for registration of ownership of the house, which will avoid collecting numerous certificates and permits.

Acquisition for the purpose of reconstruction, demolition of a house
. If the house is already registered with government agencies, then adding a new wing or adding an attic is possible only after the process of coordinating actions in various authorities and making changes to the completed documents, which will require a lot of time and money. In turn, an unregistered house can be rebuilt in any way, up to complete dismantling and construction of a new one, and only after that can the registration process be initiated;
Reducing the time required for registering a transaction - the owner simply re-registers the “empty” plot to the buyer. If you insist that the seller first draw up the documents, then during this time another buyer may well appear who will agree to purchase the cottage without registration and, perhaps, will give a better price;
There is no need for re-registration - registering a new owner is easier and faster than re-registration of all documentation for land and buildings.

Legal lawyers answer:

At first glance, no difficulties can arise, since urban planning legislation does not provide for the need to obtain permits for construction on SNT lands. Registration of a house and giving it the status of a real estate object follows a simplified procedure. A cadastral engineer is called to the land plot, carries out measuring work, after which, based on their results, a document is drawn up - a technical plan

.
On its basis, the object is, as it were, assigned to a certain land
. Next, the technical plan and package of documents are submitted to Rosreestr, and if everything meets the requirements of the law, then you will receive title documents for your home.

What type of real estate it will belong to depends on the characteristics of the building established by the cadastral engineer. A house can be residential, non-residential, garden, outbuilding, etc.

In order for a house to receive the status of a residential building with the right of year-round residence and the right to register in it, it is necessary to go to court. To do this, you need to file an application with the court. During the trial, a construction and technical examination will be appointed, on the basis of which a conclusion will be obtained on the possibility of year-round living
.
The decision is transmitted to Rosreestr, and changes are made to the State Real Estate Cadastre
. Accordingly, the price of the property increases, because the garden building is given the status of a residential building.

5 main things when choosing a site to build a house

What documents do you need to check when buying a summer house?

Purchasing a plot with an unregistered, unregistered house

The thing is that if there is no registration, there is no information about the owner of the house. This means that there is practically no one to issue fines and payments to. But the authorities have other ways to force registration of the right to a cottage:

Risks when buying and selling unregistered real estate

While the dacha amnesty is in effect, you can buy an unregistered house without fear. The main thing is to make sure that it was built without violations of urban planning rules, so that you do not have to repair it at your own expense. It is also important that the seller has legal rights to the plot. In these cases, you can ignore the lack of documents for the built cottage.

You can sell such a house with a plot if you have all the design and permitting documentation (construction project, act on the technical condition of the object, cadastral passport, technical passport, plus a valid building permit, registered ownership of the public property tax). There should also be no existing contract agreements for construction companies that may have the rights to use ONS (taking into account 2020). In this case you will not pay the 13% tax. It is worth understanding that a potential buyer will ask for a discount due to the lack of commissioning and construction risks. To understand how to act, you need to calculate both situations.

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What happens if you don’t register your country house? bookmark 19

Many people still don’t understand whether their dachas need to be registered. In fact, it is not necessary, but if you do not register it, you may later have problems selling it or transferring it by inheritance or gift. As lawyer Kirill Ivanov , if you don’t register your house, there’s no danger. This is not considered a violation. There is no administrative or criminal liability here.

Registration of a country house is rather a personal matter for the owner. “As a rule, most citizens do not register it in order not to pay taxes, and secondly, so as not to go to all authorities and not register this house. Because for this, people will have to pay extra money to draw up a project with a specialized organization, then go through several rounds of offices to submit documents for registering a house.

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Can I sell an unfinished house on an individual housing construction plot?

Until March 1, 2020, a “dacha amnesty” is in effect, and there is no requirement to put into operation a house built on individual housing construction lands. The basis for state cadastral registration and registration of the right to a house is the title document for the land plot, a technical plan (instead of a passport) and a declaration on the property, which are prepared by a cadastral engineer. In this case, ownership of the house will arise from the moment of state registration of the right. Accordingly, if you decide to sell the house before the expiration of the five-year period from the date of registration of ownership, you will have to pay tax on the income received from the sale.

– Can I sell a house that has not been completed (I have a passport for the ONS dated 2020)? On a plot for individual housing construction (owned). Or do I need to put the house into operation? What then about the 13% tax? After all, the house will be owned with a passport dated 2020?

A 13% tax will be charged if the seller has owned the house for more than three years. Therefore, the date of registration of ownership is important for tax purposes. If the unfinished construction concerns, for example, an extension with an increase in area, then this is not a problem, since the right to the object could have arisen a long time ago. And if a house is being built from scratch and the right to ONS has just been formalized, then a 13% tax will be calculated on the amount of the purchase and sale transaction.

Such situations arise often. For example, due to the fact that the owner of the site carried out construction, as they say, from scratch, without thinking about permission or other formalities. Fortunately, the legislation does not yet contain a direct ban on the sale of land with an unregistered building on it. If you want to sell a plot with a house that is unregistered and not registered in the cadastre, you can enter into an agreement for the sale of a plot without buildings. Its sample can be easily found on the Rosreestr website.

End date of the “dacha amnesty”

When preparing documents, summer residents have doubts about the extension of the simplified registration scheme for land plots and buildings. The Federal State Cadastre and Cartography Service explains that a new law was signed last year, which indicates the extension of benefits until 2020. However, the Town Planning Code has introduced changes to a number of permits when putting residential buildings into operation. This applies to buildings with more than three floors that do not have separate apartments.

The law was amended in August last year. It stipulates the possibility of not obtaining permits for small buildings on the plots. The adjustment does not have a validity period established by law.

The “dacha amnesty” is valid until the spring of 2020. The benefit applies to private houses that were built on plots allocated for construction or subsidiary plots.

The simplified procedure for official entry into the register for other real estate has become unlimited. It concerns: country houses, garages, boiler rooms, sheds, toilets, baths.

On a note!

For citizens who were granted ownership of a plot before October 30, 2001, the “dacha amnesty” is unlimited.

Methods for selling unregistered land plots and buildings

Most potential buyers can be found on the Internet. Find where to sell a plot of land on the Internet - try publishing your offer on well-known sites like Avito or Domofond. Also try turning to social networks, groups in your city.

Conduct pre-sale preparation

The presence of communications on the plot reduces the amount of work during construction for the buyer. Therefore, it increases the value, and therefore the cost, of the site itself. But in order not to make a mistake, it is important to evaluate the costs and possible profits. look at how much similar plots cost without communications and with them, find the average difference in cost and compare it with the price of water, gas and electricity. If carrying out communications costs less than the difference in the cost of plots with and without them, you can take care of the buyer’s comfort. If you have to pay more for projects than you can get, it’s better to leave everything as it is.

What buildings do not require permission?

In some cases, permission to erect buildings is not required. You can do without it if the following conditions are met:

the structure will not be connected to other buildings by a common foundation or communications network;
the project will not divide the house into apartments;
a building of no more than three floors with accommodation for one family;
the height of the house will not exceed 20 meters.

Height restrictions and division of buildings into separate housing were introduced to exclude the construction of complexes of two and three-story houses using a simplified method. If the object does not meet the requirements, you will have to obtain permission.

On a note!

Although the “dacha amnesty” has been going on for several years, Russians are in no hurry to register their properties. According to Rosreestr, 33% of objects remain illegal.