Purchasing a plot of land with a house that is not registered.

⭐ ⭐ ⭐ ⭐ ⭐ 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
.
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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.

What happens if you don’t register the house as your property?

You can use the simplified procedure only when the plot was received by the person no later than October 2001.
You cannot obtain ownership of land (and a house) that has been withdrawn from circulation.
Problems during registration are most often associated with the fact that the boundaries of the site do not correspond to the information specified in the documents.

Is it necessary to register a country house in SNT if the land is owned? Many owners of land plots carry out illegal construction without intending to register the real estate in their own name. But such actions risk leading to the fact that a person cannot fully manage his property.

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.

If the house is privatized, but the land is not: what should the owner do?

The transfer of property rights from the state or municipality to the owner of real estate, in this case of a land plot, is called privatization.

According to the Land Code of the Russian Federation, registration of ownership of a house does not mean that the land on which it is located also becomes full possession. The plot is in perpetual use by the owner of the house. If desired, he can engage in privatization.

Many citizens of our country have successfully privatized their homes without registering ownership of the land underneath them. Is it possible to privatize the land under a private house? What is needed for this and how much will it cost? Let's look at these important questions.

According to the Land Code of the Russian Federation, owners of privatized houses do not automatically become owners of the land on which they are located.

However, they receive it for indefinite use with the possibility of registering it as their own.

How to privatize a plot of land for a private house?

There are several ways to obtain ownership rights:

take advantage of free privatization;
buy a plot;
receive a court decision.

Each method has its own characteristics. You can use the gratuitous transfer of real estate only in relation to certain categories of plots:

territory received for use on an indefinite basis, and residential premises erected on it;
agricultural land for the purpose of introducing personal farming;
a summer cottage that is part of a gardening or other non-profit association.

ATTENTION! Plots that are part of gardening associations can be registered according to a simplified scheme until 2020, the end of the dacha amnesty.

Many homes, including many older structures, have multiple owners.

Is it possible to register land if the house has several owners?

Yes, it is possible to register the adjacent territory, but there are some conditions.

First, it is necessary to obtain consent to registration from all co-owners. Without their permission, it will be impossible to register the land plot under the property, because the law in this case provides for the submission of a joint appeal to government agencies.

Secondly, the territory will not only become your property - it will become common property. What to do if the house is in shared ownership, how to register the land?

The size of the shares will be proportional to the shares in the house. If you wish, after registration you will be able to buy out the shares of other participants, but this can also only be done with the voluntary consent of the parties.

Previously, we discussed in detail the process of filling out and submitting an application for privatization of a plot in the article at the link.

REFERENCE! You will not be able to privatize some lands, even though your property is located on them: they are withdrawn from general circulation in accordance with federal law.

So is it possible to privatize land without a house? There are several categories of plots that cannot be registered:

strategic land, including the territory of military units;
territory of the Forest Fund, nature reserves and national parks;
territory adjacent to nuclear energy facilities, as well as to areas contaminated with chemicals;
lands considered the country's cultural heritage;
territory reserved for government needs and the implementation of city or regional development projects.

There are exceptions in which you will be refused for no apparent reason. If you believe that you were denied unfairly and unreasonably, then you can challenge the decision of the local authorities in court.

ATTENTION! Only those plots on which private houses are built and which are in general circulation can be privatized. In other cases, it is almost impossible to obtain ownership rights for free.

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The fact of privatizing a house gives you serious advantages and benefits when registering the land plot on which it is located.

But is it worth doing this if you own the house but not the land?

The answer depends on your plans for the future - whether you are going to sell or exchange this property.

If the answer is yes, then it’s definitely worth registering.

IMPORTANT! To draw up a contract for the sale of a house, you will need to indicate the cadastral number of the plot on which it is built.

Cadastral work is the most difficult part of privatization. If in order to sell your house you will in any case have to carry out land surveying, then a more reasonable option is to carry out a full registration of the land and subsequent sale.

Land privatization provides for free transfer of property.

Citizens are only required to pay a state fee for registering the privatization of land under a private house.

At the same time, registration requires carrying out cadastral work.

And if documents on the right of use were lost, then their restoration is also possible.

Citizens are required to pay for these procedures out of their own pockets. The cost of surveying depends on the region - often it ranges from 5 to 10 thousand rubles, but in Moscow and St. Petersburg the rates can be much higher.

The period of privatization depends on the method of registration and the availability of the necessary documents. According to the standard procedure, registration takes up to three months, two of which are allocated for consideration of the case by Rosreestr employees.

If cadastral work has not been carried out, then the process may take a longer period, and in the event of a judicial challenge, it may even take 6 months.

Watch the video that explains the pitfalls that property owners may encounter if they lack ownership:

Let's summarize. Why privatize the land under a private house? Owners of private houses have the opportunity to register the adjacent territory using a simplified procedure, and in many cases, transfer is possible free of charge. If the building is owned, but the land is not, it is worth taking care of its registration.

Some areas cannot be privatized, for example, the territory of the Forest Fund or military units.

Registration of land ownership for a privatized house provides many advantages, including the sale of real estate. The standard registration procedure requires payment of cadastral work and payment of state fees for registration and provision of certificates. The registration process often takes 3–4 months.

If a registered property is sold, it will be more expensive for buyers, so it will be more difficult to find people willing to buy your property. After all, if the land is not privatized, you can sell the house anyway. Attention IMPORTANT! To draw up a contract for the sale of a house, you will need to indicate the cadastral number of the plot on which it is built.

Cadastral work is the most difficult part of privatization. Important If, in any case, you have to carry out land surveying to sell your house, then a more reasonable option is to carry out a full registration of the land and subsequent sale. How much does it cost and what are the processing times? Land privatization provides for free transfer of property.

If a privatized plot is sold due to existing debts, this significantly reduces its value. A difficult but necessary stage of land privatization For an owner who decides to sell his land plot, privatization is one of the most important aspects. The process should begin by submitting an application for permission to the land resources department.

The answer will come in about half a month. It is worth knowing that documentation at this stage is expensive. Having received the document, you must check the availability of the cadastral number; without it, privatization is invalid.

In some cases, in the absence of a cadastral register, you have to submit an application a second time. The received documentation must include the registration date, number, and all necessary signatures. It is advisable to check the papers on the spot to avoid misunderstandings.

There are exceptions in which you will be refused for no apparent reason.

If the house is owned, but there are no documents on the land at all, then notaries will not certify such a transaction at all; you must first register the land under the house - lease, privatize or buy it out.

In simple written form, it is still possible to sell a house without land (if the land is municipally owned), but this relaxation in the law will soon end, since according to all land laws, the building must be tied to the land, and not hang in the air.

Situation three - is it possible to sell the whole house and keep part of the land for yourself? This is possible after the division of the plot has been carried out, it is necessary to invite a cadastral engineer and carry out the demarcation procedure, registering two plots with the cadastral register, one with a house, the other free, and obtain two new Certificates of registration of ownership for each of the new plots.

For one reason or another, the cost of plots either decreases or increases. The current price can be found at the agency that purchases and sells real estate. A successful sale depends on the location of the plot; land in an elite area costs much more.

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The availability of infrastructure, as well as the development prospects of the area, significantly influence the cost of a piece of land.

About documentation in more detail If a privatized plot with buildings is sold, the buyer has the right to request the following documents: - Certificate of ownership of the plot; — certificate from the Inventory Bureau; - assessment of the value of the site, issued by the body in charge of land resources.

Is it possible and necessary to privatize the land under a private house?
Conditions for privatization of land
Advantages and disadvantages of the procedure
How much does it cost and what are the processing times?

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.

Registration of a country house on a garden plot: is it necessary from a legal point of view?

Submitting an application to the MFC to receive an urban planning plan for a land plot.
After receiving the GPZU, it is necessary to draw up a plan of the land plot with the location of the future building (house).
Submit the prepared documents to the MFC in order to obtain permission to build a house on the land plot with the provided location.
Obtain appropriate permission to carry out construction work.

The process of registering buildings on a garden plot can be carried out according to a simplified scheme - according to the dacha amnesty. But, despite the ease of registration, not everyone is in a hurry to go to the registration authorities, because after registration they will have to pay taxes for the property.

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.

What happens if you don’t register a country house before March 1, 2020

In some cases, ownership of such a house can only be established in court, and an expert will need to be involved. Judicial authorities may refuse to legalize a building if urban planning regulations are violated or not all documentation is provided. And this will be a very common situation. If the owner does not comply with the instructions to eliminate violations, the object will be required to be demolished. If the decision on demolition is not carried out by the landowner himself, the local government will intervene. In this case, demolition of unauthorized buildings became the responsibility of local authorities, and not a right, as before.

However, the specified requirements for individual residential buildings are basic, but not sufficient to recognize a residential building as a permanent building suitable for permanent all-season living in it. More detailed requirements for residential buildings are listed in Decree of the Government of the Russian Federation No. 47 of January 28, 2006 and the Code of Rules SP 55.13330.2011 “Single-apartment residential buildings. Updated version of SNiP 31-02-2001.” The main ones are:

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.

Cost of cadastral engineers

In all regions there are fixed prices for drawing up technical plans. Such an introduction was necessary so that the owners would not have to pay a fortune for the procedure for registering a land plot. Officially, there is no lower limit on the cost of plans. However, there is a maximum price limit that is prescribed by law.

At the moment, these restrictions are introduced on a temporary basis. Current prices will be valid until March 2020. These figures may be revised in the future. There is also a possibility that the threshold will be excluded from the documents. Financial issues are regulated separately in the regions, for example, in the Vladimir region, drawing up a technical plan for the entire site cannot cost more than 4,000 rubles. As of 2020, cadastral engineers in Moscow and the region can set the price:

no more than 450 rubles 1 one hundred square meters of land;
the cost should not exceed 7,000 rubles for the entire territory.

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.

Answered by lawyer, K. Yu. n. Yulia Verbitskaya:

First of all, it should be understood that the subject of the transaction (presumably a purchase and sale agreement) can only be what the seller has by right of ownership. In your case, this is ownership of a land plot.

In the future, after concluding such a transaction, all responsibilities and problems associated with the formalization and registration of rights to real estate in this area will be exclusively your headache and will be resolved at your expense.

On March 1, 2020, changes came into force that now require not only filing a declaration, but also carrying out technical accounting, creating an inventory file for the property, which will certainly entail additional expenses for you and possible difficulties in approval (for example, if the house is located near utility networks located close to the surface).

So for the security of the transaction, I would recommend buying real estate - both house and land - duly registered and registered, or, at a minimum, demanding significant concessions on price from your seller.

Text prepared by Maria Gureeva

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The articles do not constitute legal advice. Any recommendations are the private opinion of the authors and invited experts.

Objects under construction, or unfinished, are sold and bought in the same way as other types of real estate. But there are several important nuances in the transaction: unfinished buildings are often not registered, so ownership of them is virtually impossible to transfer

. Today we will tell you how to sell an unfinished house with a plot of land and buy it without any problems.