Buying a house is not an easy process for legally unsavvy people. Today, countryside real estate is in demand, so every year more and more transactions for the purchase and sale of houses with plots of land are carried out. With the increase in buyers of such real estate, the number of people whose documents are filled out incorrectly increases in parallel. Let's try to figure out what documents need to be checked when buying a house, and what typical mistakes are made by buyers of country real estate.
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What documents do you need to check when buying a house?
There are two documents that should be checked first when carrying out such an operation as purchasing a house with land:
- a document certifying the existence of land ownership rights,
- and a document of ownership directly to the house.
Important!!! You need to keep in mind that these are 2 different documents; the presence of one does not exclude the need for the other.
Let's talk about why the absence of the first or second document is dangerous for the buyer? If the seller does not have ownership rights to the land, but owns it, for example, as a gift, the new owner of the land will not be able to further dispose of the land: sell or donate it.
The second aspect that arises in the absence of appropriate documents for the house. If the seller has not registered the house and does not have documents capable of confirming his ownership, such a building is considered an unauthorized construction. Therefore, under no circumstances should you agree to such a deal. The new owners will not be able to register ownership of it, or they will have to spend a lot of resources on this: both material and emotional, because they will have to spend a long time going through various government bodies and legal proceedings.
There is another pitfall that you can fall for: power of attorney fraud. When carrying out such transactions, the seller may offer to buy real estate using a fake power of attorney. In order not to fall for such a trick of scammers, you must contact a notary who will help determine whether the document is a fake. Another step is to verify the authenticity of the principal. You need to contact him, make sure that he issued such a power of attorney and clarify the reasons why he cannot participate in the transaction personally and conducts it through an intermediary.
In order to avoid problems that may arise if a transaction involving the purchase and sale of country real estate is incorrectly executed, it is better to immediately enlist the support of an experienced lawyer who will take control of the transaction process and verify the authenticity of all documents.
Important!!! Don’t even trust the word of people you know personally or who were recommended to you by your best friends or relatives. You should ALWAYS check your documents, regardless of the specifics of the situation.
How to properly register a house as your property
Primary registration will require submitting a package of documents to the registration chamber. First of all, the future owner of private housing must have a document proving his identity, that is, a passport. If the registration of real estate is carried out by the applicant under a power of attorney, the power of attorney itself and its copy will be required. If documents are submitted for registration before March 1, 2020, it is sufficient to present a cadastral passport for a residential building. After this period, in addition to the cadastral passport, you will need permission to put the facility into operation. It is also necessary to present a document confirming the right of ownership of the land plot on which the house is located and its cadastral passport. Documents are accepted for registration by the relevant authority (territorial body of Rosreestr) upon application of one or more owners with presentation of a receipt and its copy of payment of the state duty.
The very first step when registering your own property is to visit the technical inventory bureau - BTI. The technical passport and technical plan are prepared there. A private house must be registered in the cadastral register. It all depends on what site it is on and what type of permitted use is indicated in the land documents. If the structure is located on a dacha or garden plot, then when registering it, it is not currently necessary to register it with the cadastral register. Under the terms of the dacha amnesty, in order to register a dacha house, you just need to fill out a declaration and indicate in it the relevant information that is present in the project. It is a completely different matter if the building is located on land provided for running a personal subsidiary plot with the right to build on a land plot or for individual housing construction. Here, registering a private home as a property looks different. First of all, it is necessary to register it with the cadastral register, which will result in the issuance of a technical passport, cadastral passport and technical plan.
What documents are needed to buy a house?
What documents are needed to buy a house:
- Title documentation for a residential building (house), which includes: a certificate of state registration of ownership of the building and, if the house was built by the seller himself, an act issued by a special commission on acceptance of the completed construction project for operation. There may be a situation where the right of ownership arose as a result of purchase and sale or on some other basis (donation, exchange, inheritance). Then, along with the state registration certificate, the corresponding document must be provided, on the basis of which the seller received ownership of the house.
- Technical passports of households and buildings. The first of these documents includes: a site plan, a description of the buildings that are located on the site, their purpose and condition, as well as the cost of the buildings. The second document is a plan of all floors of each building on the site.
- Title documents for land. They are the ones who confirm ownership of the site. These documents should be studied with special care; they must not only be correctly executed, but also must be the property of the seller. And all because there are possible options for using land on the basis of registration of the right of perpetual use or lifelong ownership to the seller, which comes as a result of inheritance. When buying a house, what documents should be available for the land: a certificate of state registration of ownership, a corresponding agreement or another document confirming the entry into rights (an agreement of exchange, purchase and sale, etc. or a document on the right of inheritance). In addition, you need documents that were obtained as a result of the privatization of the site.
- Cadastral plan of a plot of land. This document displays the boundaries of the site, as well as various information about the land: category, purpose of the site, area, information about copyright holders.
A qualified lawyer who has full knowledge of what documents are needed when buying a home and can provide professional advice and exercise full control over the transaction will always help you understand all the intricacies and, if necessary, request additional information.
Dear readers! If you still have questions on the topic “What documents should you have when buying a house” or have any other questions, ask them right now - contact the online consultant form or call us at 8(800)-350-30-02 (call and consultation is free for all regions of Russia)!
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What do documents for a house and land look like in 2020?
- Contact a notary with an application to open an inheritance case.
- Provide documents confirming the death of the testator and that the dacha was his possession.
- Present papers confirming your relationship with the deceased.
- Obtain a certificate of inheritance from a notary based on the documents provided.
- Submit the received papers, death certificate, passport and receipt of payment of the state duty to the state authorities.
If there is a house on the site, then the contract must also contain information about its acquisition along with the entire plot, which is located within pre-agreed boundaries. Otherwise, the document may be incorrectly interpreted, and as a result, only land related directly to the residential building will participate in the transaction. The rest of the area will have to be purchased under an additional agreement, which scammers can take advantage of.
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Documents for building a house on individual housing construction land
- the height of the building should not exceed three floors;
- the area of the house should not be more than 1500 sq.m.;
- only one residential building can be located on the territory;
- a certain distance established by SNiPs must be maintained between various objects on the ground.
- Profitability in relation to the use of territory for construction work on the construction of a residential building.
- The owner of land intended for individual housing construction has the right to receive a property deduction.
- In the process of registering sites for construction work, owners are provided with technical conditions to develop and carry out engineering structures.
15 Jul 2020 glavurist 279
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What commissions do realtors charge for showing houses?
Thus, it turns out that if you came to the city of Krasnodar with the goal of purchasing a house, then you must be prepared to pay another 2.5-3% commission on top of the cost of the house to unknown uncles and aunts, otherwise they will simply refuse to show you houses if you do not sign such agreement with them. So, for example, if a house costs 6 million, then the helpers have to pay 180,000 rubles on top. Agree, the amount is not sour, just for showing houses. I personally looked at more than 100 houses and understood how you can simply not pay these commissions, who needs help and who wants to know how not to pay meager commissions and bypass realtors and at the same time choose and purchase a really good house or apartment, you can write to me. I can suggest a good option.
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Good luck to everyone, subscribe and join our group. I, too, once chose where to move, and now I have moved to live in Krasnodar. This site is not my first site on the Internet, but in my opinion it is the most necessary and correct site for people who, like me, want to change their living conditions, so I will sincerely try to describe everything in detail as it is, to give people clear instructions on how to move to us to the edge. For myself and my family, I chose Krasnodar to live. I will be glad if I or my experience proves useful to you.
What exactly does an exclusive agreement entail?
Usually, such helpers and realtors only spam Avito and hang their banner on your window, i.e. banner with your phone. Then they simply wait on the ball for a buyer to appear. And for this you will have to pay, for example, 3%. It's already funny, isn't it?
Yes, yes, this is exactly how 99% of realtors work, they don’t do anything special, but at the same time they want to get their 3%, so so that you don’t cheat them later when selling, they conclude these very exclusive contracts. Only one more pitfall of such an agreement is that you cannot sell an apartment or house yourself, or rather, you can find a buyer yourself, only under the agreement, within a year you are still obliged to pay the realtor’s services in the amount of 3%. It turns out that it doesn’t matter who finds the buyer, the only thing that matters is that the real estate agency that concludes such an agreement receives its commission.
That is why in Krasnodar the secondary market is structured differently; owners do not like exclusive contracts with real estate agencies and people simply refuse to enter into them. Many owners understand that such helpers and realtors are not trying to sell their house, but only want to receive their commission if some apartment or house is sold through such a cunning scheme.
Therefore, real estate buyers and those wishing to move to Krasnodar are somewhat shocked by the local secondary market. Because realtors are trying to conclude agreements for services with buyers, because they cannot come to an agreement with sellers.
What is a land plot plan and its differences from a boundary plan?
Reporting documentation on land surveying, including a topographical drawing of the restoration of the boundary plan of the boundaries of the land plot , is transferred to Rosreestr, joining the information bank of information about the lands. Accordingly, land boundary planning is considered an integral part of cadastral information, from which it is possible to select data upon request regarding a specific plot.
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The boundary plan of a land plot is the main cadastral document prepared by a cadastral engineer during the land surveying process. Included in the documentation package called land surveying. Reflects basic information about the site and serves as a source of information: