Buying a house with land, documents, stages

Buying real estate is a long and complex process, especially when it comes to private homes. Such an event is associated with many risks, most of which relate to unscrupulous sellers. Many of them, in their desire to quickly get rid of expensive real estate, deliberately conceal unpleasant facts about the house or try to sell the house without having any legal rights to it. For this reason, a buyer, especially if working without a realtor, needs to know what to look for when purchasing a home.

What documents should a seller have when buying a house?

Before you start checking documents, you should make sure that you have all the necessary papers to complete the transaction. Their minimum list is as follows :

A certificate of ownership of the house, confirming the legal right of the owner to freely dispose of the property.
Certificate of ownership of the land on which the house is located.
A technical passport of a land plot, which consists of its accurate and up-to-date plan, an explication of the area, an up-to-date description of all the buildings located on it, their purpose, technical condition and market value.
Technical passport of the house with plans for each floor.
Cadastral plan for a land plot.
Home Book.

This is a basic set of documents that may vary depending on the situation.

Important! The buyer should pay the greatest attention to certificates of ownership. There are often cases when an owner tries to “sell” land to which he has a lifelong right of ownership.

If there are no documents establishing the exact area of land , before formalizing the purchase and sale of a house, it is necessary to oblige the owner to disassociate it, register it with justice and put it on the cadastral register.

How to check documents for a house in the village

When the verification of the physical condition of the house is completed, it is necessary to begin checking the documents for the house and land being purchased. Both the buyer and the seller should carefully consider the conclusion of the contract and check the documents to ensure the legality of the transaction and avoid legal problems in the future.

What documents should you ask the seller for and what mistakes do country home buyers most often make?

What kind of mistakes do you step on twice when buying a house? The opposite situation is also typical.

This is a certificate of state registration of ownership of the house and an act of the acceptance commission on the acceptance into operation of a completed object, if the house was directly built by the seller.

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What kind of mistakes do you step on twice when buying a house? The opposite situation is also typical.

It is necessary to carefully check all the documentation for the house and land being purchased so as not to lose the invested funds. It will be equally important to check the physical condition of the house so that it is comfortable and reliable for living. first of all, the buyer needs to carefully examine the house being purchased for possible defects or violations, since the seller often hides such violations.>

Papers on the ground

It is best to check the quality of the structure in the spring. This is how you can make sure that the basement does not leak, groundwater does not wash away the foundation, and there are no damp corners in the house itself.

Start checking from the top. The attic and roof may look great, but if you look closely you will notice a lot of defects. Determine how the roof is laid, are all the parts in place? Finding out if there is a leak is quite simple: see if there are visible smudges on the walls? If they are present, then the roof is clearly not in order. Make sure that the drainage system is made well.

Then - the doors. Open and close them. If you hear a creak, this is a bad sign. Perhaps the foundation has settled and the house itself has become askew.

Inspect the windows. Does the glass fit tightly in the frame? Does moisture get inside? Are they easy to open and close?

Enter and ask to turn on the gas, lights, heating and water at the same time. If some system fails, then this should alert you.

Pay close attention to the condition of the parquet and walls. The success of construction depends on it. To understand how smooth they are, you need to apply an ordinary ruler or block to the surface. If it does not fit well, and gaps form between it and the wall or floor, then this indicates that it is better not to buy such housing.

If you are buying a house made of wood, be sure to make sure that the wood is well dried. Use a moisture meter for this.

Examine the quality of the sewer system. Just fill up a large amount of water and release it, does it go away quickly? Inspect the pipes; there should be no droplets of liquid on them.

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

We invite you to read: For how long can you suspend the status of a lawyer?

Procedure for purchasing a house with land

Briefly describing the entire acquisition process, it boils down to the following stages:

Check the documents for their presence and authenticity yourself, or, better yet, entrust this matter to a lawyer.
If everything is in order with the papers, if necessary, you can leave a deposit amount with the seller and set a date and time for the transaction through the “My Documents” MFC.
Get an electronic ticket in the MFC building itself. While waiting your turn, study the purchase and sale documents, pay the state fee for changing ownership rights and make several copies of payment receipts.
Sign all documents at the reception desk. If we are talking about an elementary transaction where there is no shared ownership or mortgage, you can do this yourself according to the instructions of the state registrar.
As soon as the agreement is signed in the presence of the registrar, the buyer gives the remaining amount to the seller (if payment is made in cash) or they are sent to the bank for non-cash transactions.
After this, the registrar issues a certificate of receipt of the original documents, which indicates the date of registration of the agreement on the change of ownership, which, as a rule, lasts up to 2 weeks.

Important! When the owner changes, the buyer receives absolutely the same rights to exploit the land plot as its previous owner.

Useful tips

Previously, we already found out what documents are needed to formalize the purchase of a plot. Any transactions related to the purchase and sale of real estate must be carried out in accordance with current legislation. That is, in order for the house and plot to be transferred to another person, it is necessary to submit a corresponding application to the government agency for re-registration. There are 3 options for this:

submit documents to Rosreestr;
contact the MFC;
submit documents using the State Services website.

The purchased housing must be registered, and each of these methods allows you to obtain the desired result. Registration of a registered house according to the first scheme saves time, since documents for purchased housing are submitted directly. As a rule, the procedure is completed faster by several days.

Problems may arise at different stages of the transaction. Thus, when submitting documents to Rosreest, not only their authenticity will be checked, but also whether the seller has the right to carry out such a transaction. For example, criminal cases may be opened against the seller, which involve the seizure of all his property. For some categories of land, a ban on changing ownership may apply, and therefore it is better to check with the seller in advance. In any case, this will be checked by government authorities before registration is carried out.

Confirmation of registration will be a corresponding document. An extract from Rosreestr is issued within two weeks, as we have already indicated earlier. It may also happen that a house with a plot will have several owners. This means that their shares will be indicated in the papers. As soon as the change of ownership is registered, the person becomes the full owner and can freely dispose of his property.

This is interesting: Check the registration of documents in the Russian Register

So, to buy a house you need to prepare certain documents. Next, a contract is drawn up for the objects being sold. If you are buying a house with a plot, then the seller must have papers for this property. If you do not have experience in such matters, then it is better to engage a realtor or notary to help.

Studying a house before buying

a private house in detail before purchasing .

What you need to know when buying a home:

location—infrastructure, neighborhood, transport accessibility;
layout;
internal diagnostics of the condition of the building: assessment of the wear of windows, doors, the quality of construction of walls, ceilings, the presence and condition of the attic and basement, foundation and roof;
thorough external inspection;
specialized diagnostics of communications (for this it is advisable to involve specialists) to assess the quality of water and electricity supply, sewerage, heating, gas and ventilation.

When concluding a deal remotely, it is worth asking the owner to give a detailed tour via video link.

Where to begin

You need to immediately pay attention to the basis on which the seller disposes of the property. Only the owner has full disposal rights. Documents for the house and land must be correctly drawn up. Otherwise, the new owner will have to legitimize the building.

Important! It is better to purchase a private house directly from the owner. If a representative acts under a power of attorney, it is necessary to carefully check the validity of this document and its validity period.

It may turn out that after the transaction the owner will appear and try to protest it. Therefore, it is better to conclude a deal directly with the owner.

How to draw up a house purchase and sale agreement correctly

Let's look at how to correctly register a house as your property when purchasing. To insure against all kinds of risks on the part of both the buyer and the seller, a purchase and sale agreement is drawn up with subsequent registration in Rosreestr. It is prepared taking into account the following nuances :

The agreement is drawn up in 4 copies. One at a time is sent to the MFC and Rosreestr, as well as to the seller and the buyer.
To avoid fraud, the contract is certified with signatures on each page.
The transaction amount is written down in numbers and words.
The process and method of transferring money, as well as the consequences if the funds are not transferred in the described manner, are described in detail.
A separate paragraph indicates the responsibility of the seller and buyer within the framework of the transaction.
A detailed atk is drawn up, which indicates when the former owner and members of his family will leave the living space, what furniture will go with the house, and what will remain the property of the owner.

Attention! In most cases, the lawyer's fees for drafting the home purchase agreement are the responsibility of the seller, as this is his responsibility. In some situations, you can pay for services in half, but not the entire cost.

What amount should be included in the house purchase and sale agreement?

Due to changes in the taxation procedure back in 2016, the period of ownership of housing without paying income tax changed to 5 years . Owners who have owned a house for less than 5 years will almost certainly ask for an amount of no more than 1 million rubles to be included in the contract.

However, the buyer reserves the right to refuse such a request, since tax will be charged in the amount of 13% of 70% of the cadastral value of the house if the amount in the contract is less than the market value.

Required documents

Purchasing a house with land is a fairly common transaction that citizens across the country make every day. It takes a certain amount of time to complete the documents, after which they need to be submitted to the appropriate authority. The standard list of papers includes:

cadastral and technical passport;
real estate papers;
certificate form 9;
consent from persons registered in the house;
confirmation of the absence of a ban on sale;
extract from Rosreestr.

A cadastral passport is required only if the plot has been registered. If he does not have his own number, then you need to obtain appropriate confirmation. To do this, you need to submit an application and receive an extract containing the necessary information. As for non-land documents, various papers are suitable here. This could be a certificate of registration of property rights, a deed of gift, a will, an agreement, etc.

If the house is residential and people are registered in it, it is necessary to obtain extracts that will list all the persons registered in the premises. Please note that all property owners must consent to the sale. If there are no problems with this, then all residents are required to check out within the prescribed period. Violation of this requirement will result in forced discharge. The absence of debts is also mandatory, and therefore you need to obtain a certificate from the Tax Service. A certificate from Rosreestr can also be added. When the purchase and sale agreement is drawn up, it is necessary to complete the transaction with registration. You need to have the following documents with you:

land documents;
contract;
act of acceptance and transfer;
confirmation of payment of state duty.

Quite often questions arise about whether it is necessary to obtain the consent of the husband or wife to perform such operations. Today there is no need to do this, but only if one condition is met. The spouses must become joint owners of this property. However, if this land is sold in the future, it will be considered common, and therefore consent will be required.

If the purchase concerns agricultural land, you will have to obtain additional documents. First of all, you need to get a paper confirming the category of this site. You also need to obtain a refusal to buy the land from other applicants.

Costs of buying a home yourself

The numbers will be approximate, since the pricing policy for services may differ in different regions :

Lawyer to check the correctness and authenticity of the documents provided (optional) - 1-2 thousand rubles.
An independent assessment of the market value of housing ranges from 3-10 thousand rubles.
Repayment of state duties for changing ownership rights - no more than 2 thousand rubles.

That is, on average you will have to pay about 10,000 rubles . Compared to agency prices, where they ask for at least 50,000 rubles for the same procedure, the prospect of purchasing it yourself is much more attractive.

How to purchase a home remotely

How to act when interacting remotely with a seller:

Contact him not by phone, but by video link at the property to promptly resolve all issues.
Receive documents for verification in high-quality scanned form by email.
Send signed documents by registered mail. First, the deposit document is signed and sent, then the agreed amount is transferred.
In any case, you will need to come to the MFC in person or delegate these responsibilities to a trusted person who has a notarized right to do so. To issue a power of attorney is another +1000 rubles to the total price list.

In all other points, except for the MFC, each of the stages can be carried out remotely.

Risks when making a transaction

No one is immune from mistakes. But when buying a home, the cost of mistakes will be too expensive. Therefore, you can give money if you are completely sure that everything is in order with the documents and the seller himself.

6 tips on how to make a safe transaction:

Check the seller. Transactions are often challenged on the grounds that the seller was incapacitated at signing. The buyer has to return the property, but serious problems arise with collecting the amount paid. Therefore, you can immediately ask for certificates from the dispensary. Perhaps the owner may find such precautions unnecessary, but the buyer will feel calm.
Check for what purposes the land can be used. When buying a private house with land, you need to make sure that the plot itself is suitable for construction. And you can build on land of two categories: for agriculture and areas of settlements. If the rules are not followed, then the cottage was built illegally.
Make sure that there are no public places on the site. It will not be pleasant when the road to a common well runs through private property.
Find out whether the building rules are followed. There is a certain distance from buildings to bodies of water. These distances must be observed during construction. Violations indicate that the construction may be considered illegal.
Understand whether the site is a cultural or historical monument. Objects of cultural heritage are best admired from a distance. Government agencies may have their own plans for cultural heritage sites, so it is definitely not worth buying such sites.
Don't believe promises. You need to immediately make sure that there are normal roads to access the village. Promises of speedy road construction may never come true.

There's definitely no need to rush into a big purchase. It is better to check every detail so that you do not have to regret a hasty purchase in the future.