How to purchase land

The legal topic is very complex, but in this article we will try to answer the question “Purchase of a land plot from the owner, procedure for 2020.” Of course, if you still have questions, you can consult with lawyers online for free directly on the website.

We will analyze all aspects affecting the issue of carrying out the procedure for purchasing a plot of land on a legal level. Initially, it is extremely important to determine the intended purpose of the acquired land. This is due to the fact that not every plot of land allows the construction of residential buildings. For this reason, it is necessary to take into account which category the land belongs to and what manipulations with it are allowed.

Purchasing a land plot from the owner procedure 2020 documents

This category of transactions refers to real estate transactions. And accordingly, more stringent requirements are applied to them. The main ones include the mandatory written form of the agreement and the mandatory registration of the transaction. To register the transfer of ownership rights, the obligation of participants to present the agreement and the established list of documents to the registration authorities is established.

List of required documents for the sale of land

What nuances may arise when applying for registration? The Rosreestr service will check not only the correctness of the documents, but also the authority of the seller. In particular, a ban on the sale of land may be established if, as part of judicial or executive procedures, the land has been seized.

In addition, the buyer can additionally view the master plan for the development of the territory. The history of the site is important, namely documents on the primary right of ownership of the property . As a result, the legality of the land purchase and sale agreement must be checked. The slightest mistakes can cause problems.

The second group of risks are various inaccuracies during the preparation of documents. When concluding a contract, you should check whether the dimensions and description of the land correspond to the actual information specified in the documents. A mandatory document is the consent of one of the spouses to alienate the plot , as well as the permission of the guardianship authorities if the right of ownership belongs to a minor.

What risks are there when purchasing a plot of land?

The deposit can be presented in several forms. This is cash or non-cash money, as well as an object of real estate or movable property. When paying in cash, the buyer pays and receives a receipt confirming receipt of the amount of money by the seller. In case of non-cash payment, the money is transferred to the seller’s account with the specified details.

The issue of payment, albeit preliminary, is especially acute. The procedure for purchasing a plot of land from the owner is such that money must be paid

.
All that remains is to choose an option in which both sides will win
. This is important, since practice shows that the deal is serious and it makes sense to prepare the final amount.

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Transfer of ownership of a land plot when purchasing real estate

A special list of documents will be needed if it is necessary to register the transfer of rights to a plot to a new owner.

Documents that should be submitted to the MFC TO or to Rosreest for consideration at the place of your alienated plot:

application in the prescribed form;
passport of the participants of each party;
land purchase and sale agreement;
an extract from the Unified State Register or other evidence that confirms this right;
cadastral passport for land;
papers from the seller;
deed of transfer;
a receipt for payment of the state duty, which is 350 rubles for agricultural land, private household plots and individual housing construction; for other cases – 2000 rubles.

This list may be supplemented depending on the current situation. They may require permission from the PLO to carry out a transaction (with a minor seller), consent to the alienation procedure from the seller’s spouse (if the plot is jointly owned), etc.

You can find out more information about the full list of documents:

while talking on the phone;
when visiting a government department.

The purchase and sale agreement must include a transfer and acceptance certificate. If it is not there, then the transfer deed must be executed as a separate document. It is drawn up in three copies, at least for each of the parties and one for the archive of the Unified State Register of Real Estate. An application of the established form can be obtained from the body that carries out registration.

Several forms must be filled out, in one of them the registration is carried out on behalf of the seller, and in the other - on behalf of the buyer. If necessary, you should familiarize yourself with the templates for filling it out at the information stand. The registration procedure takes no more than ten days, and after its completion an extract must be issued to the new owner from the Unified State Register of Real Estate with updated information.

Review of the procedure for purchasing a land plot from the owner in 2020

The buyer must carefully ensure that all documents for the purchase of land are in order. If there are any buildings on the site, find out who they belong to

.
Be sure to check the category of land and type of use
.
The price of the territory and the possibility of building a residential building there depend on this
.

How to apply?

The third group of risks is the inattention of the buyer himself. In this case, the buyer may not first check and inspect the site , receiving ownership of a completely different territory.

Upon completion of the procedure for submitting a package of documents to the representative offices of the Federal State Registration Service, the Cadastral Service, as well as the cartography department, the parties to the transaction will be able to receive a receipt indicating the receipt of the necessary documents for state registration, where the final date for such registration will be noted. On average, the registration procedure takes no more than 30 working days . During this time, the provided documents will be checked for legality and compliance.

How to sell a plot of land yourself in 2020

payment of the amount specified in the agreement, and the agreement is registered in Rosreestr;
non-cash payments when the accounts of the parties to the transaction are opened in the same bank;
using a safe deposit box (but you will have to pay the bank for it);
cash payment immediately after signing the contract and in the presence of a specialist from the MFC or Rosreestr.

You can start publishing an advertisement at any time of the year, but it has been noticed that those wishing to buy a plot of land become more active in the spring. Therefore, it is necessary to prepare it for sale in advance: remove debris, tidy up the fence if necessary, etc.

Review of the procedure for purchasing a land plot from the owner in 2020

To begin with, it is recommended to identify the existing shortcomings of a given piece of land and, starting from them, determine the bargaining range . A very effective way would be to directly announce the price that the buyer is willing to pay for real estate
.
It is quite possible that the seller, after deliberation, will agree to sell the land on the buyer’s terms
. The main thing to remember is that you should never follow the seller’s lead, because his main task is to sell his property as expensive as possible.

Stage 4. Procedure for signing a resale agreement

An important factor is whether the site belongs to the secondary or primary land market . As part of the primary market, a plot of land is transferred to the owner by decision of the municipal authorities. If land is purchased on the secondary market, then ownership of it passes to the new owner from the previous one.

all of the above documents;
application for registration actions;
passports of all parties to the transaction. If one of the parties cannot independently be present when submitting documents, a passport of the representative is required, as well as a notarized power of attorney to represent interests;
if the seller is officially married, then a notarial permission from the spouse is required to conduct the transaction;
act of acceptance - transfer of land;
receipt confirming payment of the fee.

The procedure for drawing up a contract for the sale and purchase of a house with a plot of land in 2020

Since, first of all, the buyer is interested in checking the purity of the transaction and the absence of encumbrances on the real estate, before making a decision to purchase real estate, it is necessary to request an extract from the Unified State Register.

Name of the agreement.
Date and place of his imprisonment.
The subject of the agreement, i.e. a complete list of objects of alienated property.
Identification characteristics of each alienated object: location, purpose (category of land), inventory number, area, information on registration of rights in the Unified State Register.
Contract price. The amount is indicated in total, as well as separately for each property.
Additional conditions: time of taking ownership, guarantees, procedure for paying expenses related to the transaction, etc.).

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How to complete a land purchase and sale transaction

The buyer can order a statement in electronic format. To do this, you must check the box next to the selected item in your application. When the final documents are ready, they will be sent to the specified email address. If necessary, you just need to print them.

Step 2. Submit documents for registration

the owner of the plot is a minor or a person who is recognized by the court as fully or partially competent for medical reasons;
the site has several owners, and it itself is in common shared ownership. Certification is necessary both when alienating one share, and all at once, in a single transaction.

In cases where the owner of the property is a minor citizen, or a person who has the status of incompetent, then in order to finalize the land purchase and sale transaction, permission must be obtained from the state guardianship authorities.

Peculiarities of drawing up a land purchase and sale agreement

official papers confirming ownership (these can be documents of different types depending on the reasons for obtaining ownership of the property);
identification document;
if the real estate was received by inheritance or as a gift, you will need paper from the tax government agency indicating the absence of debts for this property;
if the land was acquired by a husband and wife after an official marriage, permission to conduct the transaction is required from the spouse;
paper testifying to the existing encumbrances of the immovable property or indicating their absence;
when the land belongs to several persons and a share is sold, confirmation is required from other shareholders about the fact that they have been notified of the sale (this is necessary, since they have a priority right to purchase);
papers containing information about the legal regime of the object and the presence of other real estate on it, for example, a relevant document from the land management committee;
paper from the technical inventory bureau confirming ownership of the property;
boundary documentation containing the parameters of the plot being sold;
If, instead of one of the parties, a person signs a contract for the purchase and sale of a land plot using a power of attorney, then it is mandatory to provide it to the notary.

if a purchase and sale agreement for a garden plot, vegetable garden or land intended for dacha activities is registered, the established fee is 200 rubles;
if a residential building is built on the acquired territory, the state duty will be 1 thousand rubles;
when the land plot where the garage will be built is sold, you will have to pay 1 thousand rubles. citizens or 15 thousand rubles. legal entities.

Registration of purchase of land in the Russian Federation for 2020

Now the property passes into the hands of another user, who, in turn, is obliged to regularly make land tax contributions, and a Russian citizen can also apply for a property deduction. Owners of lands distributed before registration of the Land Code register ownership of the land differently. 2.

What documents are needed to purchase a plot of land in 2020

When completing a purchase and sale transaction, you need to remember that it does not in itself transfer ownership rights from the seller to the buyer. In addition to the agreement, the buyer must draw up documents in Rosreestr.

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If you are purchasing a plot or country house without the participation of a real estate agent, it is important to carefully approach the processes of studying and checking documents, as well as check all the nuances regarding the quality of the land and the features of the constructed building.

Risks when purchasing a land plot

As mentioned earlier, purchasing real estate is an incredibly responsible procedure that needs to be approached wisely. Without proper attention and control, you risk running into scammers or experiencing other equally serious difficulties. Do you want everything to go as smoothly as possible? Analyze all possible misunderstandings and try to avoid them in your own practice.

Below we talk about the most common problems that consumers encounter most often.

Seller's dishonesty

A purchase and sale transaction involves the active interaction of two persons - the buyer and the seller. That is why the human factor is of enormous importance here. If the current owner does not inspire confidence in you, it is better to refuse cooperation with him. Believe me, there are a lot of land plots, and you can always find another option.

What kind of trick can you expect from the owner? The most banal thing is silence about important circumstances. In order to quickly resolve all property issues, he may not tell you about the problems of non-payment of taxes, lack of land surveying, accumulated debt for utility services, etc.

Another problem that buyers have been facing lately is the fraudulent sale of forest areas. Remember: lands of this category cannot be sold.

Sellers also often do not inform about the ownership of the land plot. Meanwhile, agricultural plots cannot be used for industrial purposes.

Of course, the buyer has the right to independently change the category. However, this is a rather labor-intensive and tedious procedure.

Careless paperwork

Inattention is the main enemy when conducting transactions. Even the most insignificant typo can radically change the course of the matter and force the entire documentation package to be corrected. In extreme cases, it can make the sale impossible.

Most often, they are faced with a discrepancy in information in new extracts and papers from the cadastral department. That is why it is important to proofread all documents, check them down to the last comma.

A common practice in recent years is the purchase of another plot. The seller shows one house, but it is not the one that appears in the accompanying documentation. Of course, after concluding the contract, you become the owner not of what you saw, but of what you agreed to when you signed. This is another reason why all information needs to be checked and double-checked.

The real estate market is a place where you can run into a scammer at every corner. Don't take anyone's word for it.

Buyer carelessness

We have already partially touched on the problem of negligence above. In fact, it is precisely because of the lack of proper control over the situation that the consumer faces many misunderstandings. What advice can you give to someone who has decided to purchase real estate:

Read the documents, check their authenticity and compare them with each other.
Don’t be lazy to request extracts from the Unified State Register of Real Estate. Yes, you will pay 250 rubles for them, but you can save much more.
Take a copy of the contract to a lawyer, make sure there are no pitfalls in it.

All these recommendations seem banal and obvious, but many neglect them, thereby dooming themselves to serious danger.

Procedure for registering the purchase of a land plot

when purchasing land from a legal entity;
in case of shared acquisition of a plot of land, regardless of its permitted use;
with the participation in the transaction of a child under the age of majority, as well as a citizen declared incompetent.

Risks

Having decided on the purchase of a land plot from the owner, you should clarify the price of the land plot. If the parties agree on property interests, a preliminary purchase and sale agreement (PPSA) is concluded. He reserves the purchase for the applicant; after its conclusion, the object is removed from sale.

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.

An important factor is whether the site belongs to the secondary or primary land market. As part of the primary market, a plot of land is transferred to the owner by decision of the municipal authorities. If land is purchased on the secondary market, then ownership of it passes to the new owner from the previous one.

What needs to be checked?

You can see if your plot with exact boundaries is listed in Rosreestr on the public cadastral map by entering the cadastral number or address. Privatization itself can be done at any time, but according to a simplified scheme - until December 31, 2020.

The main difficulty is that it is necessary to prepare all the papers, thanks to which the transaction will gain its legal force and there will be no possibility of challenging it by third parties.

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.

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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.

The procedure for purchasing a land plot from the owner

searching for an option that meets the stated requirements put forward by the buyer. For example, the acquisition of a plot for individual housing construction implies the location nearby of all the necessary communications and developed infrastructure, thanks to which it is possible to introduce them to the site and use 100% of the benefits available in this area. A realtor will help you find such a plot of land; information according to which certain plots were put up for sale is entered into a special database. You can independently study advertisements on the Internet and choose a plot of land that suits you. Particular attention should be paid to its cost: usually plots for individual housing construction cost a decent amount, especially if they have all the necessary communications;
first meet with the owner of the land and discuss the process of completing an important transaction, the main conditions under which it will be concluded. First of all, write down the price in the text of the contract and discuss possible encumbrances on the territory of this site;
conclude a purchase and sale agreement, register it with the Rosreestr authorities so that in the future it comes into force. This stage includes the procedure for notarizing the contract, if this action is required by law. For example, one of the parties is a legal entity;
the procedure for obtaining a written certificate of ownership of the property for the plot that was purchased. The procedure for concluding a purchase and sale agreement with the owner of a plot is actually very simple.

How to draw up a land purchase and sale agreement

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Documents required for the acquisition of land

The seller must provide the following documents:

Passport of a citizen of the Russian Federation.
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.
The entrepreneur must provide a passport and a document confirming state registration.
A legal entity provides constituent documents.
Mental health certificate.

Documents for completing the transaction:

Cadastral passport for land.
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).
Certificate of ownership, indicating state registration of the right to the site, confirming the owner’s right to sell.
Refusal of a subject of the Russian Federation to purchase this property.
If there are buildings on the site, documentary evidence of their legal registration is required.
Certificate of absence of arrests.
Extract from the unified state register of rights to the plot.
Certificate of standard value.
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

Purchasing a land plot from the owner procedure 2020 documents

List of required documents for the sale of land

If the contract specifies a deposit and you, the buyer, refuse the transaction, the deposit will not be returned to you. And if the seller refuses the deal, then he is obliged to return your deposit in double amount. Any prepayment must be made in writing, in the form of a receipt, or better yet, in the form of a preliminary purchase and sale agreement.

In case there are such plans. Agricultural land should cost much less than residential land. At the same time, pay attention to the VRI. For example, on lands with permitted use of individual housing construction, you can build a house.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to find out how to solve your particular problem , contact a consultant:

Existing risks

You also need to check the category of the land. It should be called: “land of populated areas.” If your passport contains an agricultural category, you need to first find out whether it can be changed in order to build a house.

In this way, the buyer insures himself against the risks of paying the debt in the future. After all, if the seller does not pay his debt, the buyer can always refuse to do so, citing the fact that he is not obliged to pay other people’s bills. The law does not prohibit the purchase of such real estate in installments. At the same time, the procedure for concluding a transaction is practically no different from when a dacha is bought for cash. If the plot is purchased by installments, the parties must include the following information in the agreement:.

How to purchase a plot of land from an individual or legal entity?

If you are looking to purchase land from a civilian, business or organization, the first thing you need to do is make sure that your seller actually has title to the land.

That is why the selling party must provide the buyer with the following documents:

Cadastral passport;
Certificate of ownership or an extract from the Unified State Register of Rights to Real Estate (it is advisable that the latest document be issued recently);
A document certifying that the individual or legal the person carrying out the sale legally acquired the property (deed of gift, previous purchase and sale agreement, etc.).

If all of the above documents were presented to you on time and did not raise any questions or doubts, then you should follow a certain sequence of actions outlined below.

Stage 1. Conclusion of an agreement

The land purchase and sale agreement must be in writing. Of course, both parties must sign it. If there are no signatures, this transaction will be considered invalid.

The most important items of such an agreement will be the subject and price of the land plot. To ensure that no questions arise regarding the subject of the contract, its description must include the following items: address, area, cadastral number, category, type of permitted use. It would also be useful to know the date and number of registration of the seller’s right to land in the Unified State Register of Real Estate Rights.

Of course, it is also necessary to establish the price of land, the method and procedure for calculation. There are no restrictions on the time of settlement - it can be completed both before and after registration of the transfer of ownership. It should also be mentioned that the agreement can also be an act of acceptance and transfer, if the parties so desire.

The agreement must be submitted in 3 copies - one document from each party, and one agreement for the registry.

The purchase and sale agreement does not need to be certified by a notary, except in the following cases:

Concluding a transaction for the alienation of a land plot that belongs to a person who has not reached the age of majority or has limited legal capacity;
Concluding a transaction for the alienation of shares in real estate.

Stage 2. Preparation and submission of documentation to the branch of the Federal Service for State Registration, Cadastre and Cartography (Rosreestr)

After concluding the contract, the parties need to submit the following documents:

Application for registration of transfer of ownership and registration of ownership of the buyer;
The contract itself;
Identification documents of the parties. If the documents are presented by a third party, he must have a power of attorney certified by a notary;
Consent of the spouses of the selling party to the alienation, certified by a notary (if the land was purchased during marriage);
Extract from the Unified State Register or certificate of ownership;
Cadastral passport;
Documents evidencing the right of the selling party to the plot (deed of gift, will, previous purchase and sale agreement, etc.);
Transfer acceptance certificate;

Also, to complete the transaction, you need to pay a fee (its cost will be 350 rubles for a plot of land for a dacha, garage or house and 2 thousand rubles in other cases). It is not necessary to submit a receipt to the Rosreestr office, but if the data on payment of the state fee is not in the GIS GMP, the application and other documentation simply will not be considered.

All of the above documents can be submitted in this order:

Personally or through a representative;
By mail;
Electronic.

After the parties submit the documents, Rosreestr will issue them a corresponding receipt. Registration of the transition takes up to ten working days.

Purchasing a plot of land from the owner: procedure for 2020

Also, maternity capital can be used to purchase such real estate only after the second child turns 3 years old. Theoretically, a plot of land with a house can be sold without documents. In this case, the object will be considered a self-construction. However, the seller will most likely have to look for buyers for quite a long time, and it is likely that they will never be found.

Instructions for purchasing land without intermediaries

If the buyer purchases such a dacha, then he does not become its owner, but only uses it as a member of the partnership. After leaving the SNT members, such a citizen will lose his rights to a dacha. The buyer is advised to ask the seller for all previous receipts. It may happen that there are unpaid bills. If this is not done, then there is a risk that you will have to pay the bills of the previous owner. If the dacha suits the buyer in all respects, but its owner has debts, you can draw up an agreement that includes a clause on the seller’s obligation to repay the debt in full.

Purchase of land by an individual

Advice from lawyers:

1. Is tax levied on the sale and purchase of land from individuals?

1.1. Personal income tax is paid - 13%, taking into account tax deductions and benefits, if any.

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2. A residential building is offered for purchase, located on a plot of land that is not owned by the seller of the residential building. This land plot is owned by another individual (how this happened is not known). Question: 1) what are the risks in the future when purchasing such a property? 2) is it possible to register the land under your house (if you buy it) as your property (along the border of the house)?

2.1. Everything that is on the land plot belongs to the owner of the land plot. Are you planning to buy a house and land from him? Moreover, you cannot buy a house without land. The unity of fate of land plots and objects firmly associated with them, according to which all objects firmly associated with land plots follow the fate of land plots, with the exception of cases established by federal laws

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2.2. Good day to you. In this case, everything that is on the land plot belongs to the owner of the site. I wish you good luck in resolving your issue.

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3. What documents will I need to receive (be with me after purchasing a land plot) if I buy a land plot from an individual.

3.1. — Hello, a certificate of ownership or an extract from Rosreestr and a cadastral passport of the plot. Good luck to you and all the best.

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3.2. Hello! You will be given an extract from the register form on a regular sheet of A4 format.

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3.3. Only a purchase and sale agreement. A certificate of ownership is no longer issued.

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3.4. You must have a purchase and sale agreement and a certificate of ownership in your hands.

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4. Two contracts were concluded between an individual and a construction company: for the purchase of a land plot for construction and for the construction of a residential building on this plot. Ownership of land. the plot is registered (there is a certificate), but the house is not built. Is it possible to terminate a contract for the sale and purchase of a land plot (it is under an encumbrance - a mortgage)

4.1. The text of the question does not provide any grounds for terminating the purchase and sale agreement (Article 40 of the Civil Code of the Russian Federation)

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4.2. To do this, you need to look at your agreements and loan terms (loan agreement with accompanying documents). The first consultation is generally free.

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5. I am an individual, I am a participant in shared ownership of an agricultural land plot that is leased from an LLC. Now I plan to buy 38 shares for a total amount of 6,500,000 rubles. from other accomplices. In a year, I plan to allocate the acquired shares into a separate land plot and sell it for a large amount to another legal entity. Question: Am I required to report to government agencies about sources of income when purchasing land shares?

5.1. The tax office will have questions. When selling a plot of agricultural land to a constituent entity of the Russian Federation or in cases established by the law of a constituent entity of the Russian Federation, a municipal entity

has a pre-emptive right to purchase such a plot of land at the price for which it is sold GARANT System: More >>>

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6. An individual wants to buy property at an electronic auction: a piece of real estate and a plot of land for further sale. Tell me, please, do I need to pay VAT on a purchase and on what value and in what amount should I pay tax upon sale, cadastral, assessed, purchase or sales value?

6.1. Hello! You will not need to pay anything when purchasing.

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7. The plot is in common shared ownership of three individuals. Two of them decided to sell their shares to a buyer. Please tell me whether it is necessary to formalize consent to waive the preemptive right to purchase a share of a land plot if the seller of the share (who is a co-owner of the plot) notified other shareholders in writing of his intention to sell his share to a person who does not have the preemptive right to purchase a share?

7.1. It is necessary if transactions for the sale of shares will be registered at different times.

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8. What documents from the seller (individual) are needed when purchasing a plot of land and an unfinished house (incomplete construction)?

8.1. To register the transfer of ownership, you must contact the Rosreestr Office. You will need the following documents: 1. Agreement. It is drawn up in simple written form and does not require notarization (Article 434 of the Civil Code of the Russian Federation). 2. Receipt for payment of state duty. 3. Passports, i.e. identification documents of both parties to the agreement 4. If the property was acquired during marriage (not under a gift agreement, inheritance or through privatization), the consent of the spouse of the party who transfers the property is also required (Articles 34-36 of the RF IC).

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9. Individuals. Purchase of land at a price below the cadastral value. What does this mean for the buyer? Let's say the cadastral value is set at 60 thousand rubles, and the plot was purchased for 1 thousand?

9.1. Hello! This does not threaten anything; anyway, land tax will be levied on the cadastral value of the site.

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10. LLC on the simplified tax system of 6%, the founders of the organization entered into an interest-free loan agreement for the purchase of a land plot with buildings on it from a physical person worth 1,000,000 rubles. Should the organization retain 13% from individuals? person and how to pay him in cash using a debit order or by bank transfer.

10.1. The answer is possible only on a paid basis.

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11. How is the purchase of a land plot for individual housing construction in a village between individuals now formalized? Do you need a notarized Sales and Purchase Agreement?

11.1. No notary required.

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12. I ask you to answer this question: I purchased a quick-dismounting warehouse (arch-type hangar 450 m2), which is located on the ground! Ha), owned by an individual. Can I claim land under a building in connection with the purchase of a building? Thank you in advance for your response. Sincerely, Vladimir Vikentievich.

12.1. Vladimir Vikentievich, you can claim the right to buy it from the owner, nothing else.

Did the answer help you?YesNo

12.2. In this case, it is necessary to clarify whether your building is a piece of real estate, and only after that talk about your ownership, when purchasing a piece of real estate, and part of the land plot located under this piece of real estate. In the event that this object is not real estate, then there can be no talk of land.

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13. Can I, as an individual, sell a house and land plot below the cadastral value? Is it necessary to indicate the cadastral value in the purchase and sale agreement? Do I need to pay tax on my purchase?

13.1. You can sell a house with land at any price.

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14. I am purchasing commercial real estate from an individual. The seller has in his hands the documents of the real estate registration certificate, the purchase and sale agreement, and the right to use the land plot is still registered in the name of the old owner. Are there any risks with purchasing such premises? What could be the consequences? Or can I then, as the new owner, register everything for myself without any problems at once? Thank you.

14.1. It is not clear from the question on what basis the right to use the land plot was granted - without this it is not possible to answer correctly.

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14.2. In your situation, the land plot belongs to one person, and the commercial real estate built on this land plot belongs to another person. In such a situation, the rule of Part 1 of Article 552 of the Civil Code of the Russian Federation applies, according to which, under the contract for the sale of a building, the buyer, simultaneously with the transfer of ownership of such real estate, is transferred the rights to that part of the land plot that is occupied by this real estate and is necessary for its use. That is, you will have at your disposal a part of the land plot under the building necessary for its use. Hence. The issue of purchasing the entire land plot will have to be resolved separately with its owner.

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15. What are the legal consequences of purchasing a land plot from the owner, who is in the state certificate. registration of ownership is indicated as an individual, and when selling the plot in the purchase and sale agreement acts as an individual entrepreneur?

15.1. Andrey, there is nothing illegal in this. An individual entrepreneur is an individual carrying out entrepreneurial activities. For Rossreestr, such a concept does not exist at all; if a person acts in a transaction as an individual entrepreneur, for them it is the same as an individual. The seller’s indication in the agreement of participation in the transaction as an individual entrepreneur was obviously made in order to pay tax on the sale of real estate at a rate of 6%, and not 13%.

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16. We have organized a legal entity for the construction of country houses. It is possible to purchase privatized plots in an existing garden, build houses and sell to individuals. Can a legal entity purchase a privatized garden plot? What restrictions may there be when purchasing? What could be the next deals? What is the package of documents when buying and selling land? Is state registration required?

16.1. A legal entity can buy land plots from individuals... and it doesn’t matter where these land plots are located... No restrictions... The contract for the sale and purchase of land plots will be considered concluded from the moment of its state registration...

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17. The preliminary agreement for the purchase of an apartment with LLC 123 states that the land belongs to the individual Ivanov I.I. and refers to the lands of settlements with permitted use - personal subsidiary plots. Ivanov I.I. transferred the land plot to LLC 123 for the construction of a multi-storey building. How legal is it to build a multi-storey building on a plot of private household plots? Will there be any problems with registration in such a house? Thank you.

17.1. Elena, good afternoon! In this case, there is misuse of the land plot and the developers apparently do not have permission to build an apartment building. There will be problems after construction when putting the residential building into operation... I wish you good luck.

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17.2. In accordance with Art. 40 of the Land Code of the Russian Federation, the owner has the right to erect residential and other buildings in accordance with the intended purpose and its permitted use. Conclusion: permitted use must be changed. Submit your petition to the administration.

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What documents are needed to purchase a plot of land with a house from the owner?

In your personal account, you will see responses from potential sellers and the number of views of your ad. Do not forget to indicate that you are considering offers only from private individuals, and that you ask not to bother intermediaries. This will at least filter out interested parties and realtors who obviously have nothing to offer.

Registration of a purchase and sale transaction does not mean an automatic transfer of ownership from the seller to the buyer. To obtain it, you need to contact the Rosreestr office. The deed or bill of sale will be presented as the title document to the land.