We buy a house: how to avoid mistakes and extra spending

To acquire undeveloped land, or a plot with a built house is better to prepare in advance in order to avoid excess spending and problems. How to learn about the mistakes of other real estate buyers?

Photo: Legion-Media

Potential buyers of the site with home or without it can face with many difficulties - from neglecting the previous hosts category of land and before the lack of necessary documents when making a transaction.

Legal side of the issue

Legal verification of the transaction today is the necessary stage of the purchase and sale of real estate. Primarily check the information

On the current and previous owners, we put on the transactions that were held with the site over the entire existence of its existence, as well as the economic activity on its territory.

The inspection is subject to information about the interviewing area and composition of land, as well as information on existing restrictions and burdensions in the right of use of the station; claims and claims of third parties; Possible or current judicial disputes on land tenure.

It is also necessary to pay attention to the legality of the construction of existing buildings. If the construction is only planned, it is necessary to clarify the category of the station (land of agricultural purposes, land of settlements) and the type of permitted use (for the conduct of dacha farming, gardening, individual housing construction), since the possibility of construction depends on these parameters.

The buyer has the ability to independently assemble a part of the necessary information. For example, information about the cadastral number, whereabouts, categories, the form of permitted use, area, borders, right holder, the cadastral value of the site (including data on limitations, encumbrances and servitudes) are provided to any citizen of the Russian Federation who has paid the relevant state duty. It is possible to contact the territorial department of Rosnedvizhimost with a written statement on the provision of cadastral extracts (it will be prepared within ten working days) or to the Department of the Federal Registration Service, requesting the data from the USRP (issued in five working days).

In addition, it is worth consulted in the department of architecture of the administration of the municipal district and settlement, in which the site is located. Thus, it will be possible to obtain information about the planned accommodation of the motorway, industrial zone or other objects, as well as information on possible restrictions when using a plot reserved for state and municipal needs.

The most common mistakes of buyers of the plots:

• Inattentive study of the documents offered to sign up by the Seller (for example, the buyer did not specify the land category, and it was part of particularly protected natural territories);
• Unqualified verification of eligible documents and treaties (the site belonged to the previous owner not on the right of ownership, but, let's say, on the right of perpetual use; the land is in equity ownership);
• inaccuracies when making a sale transaction (there is no consent to the transaction from the spouse; no reference
• about the mental health of the seller).

When selling real estate, the old certificate remains from the seller. From March 1, 2015, the certificate of ownership is made not on a protected form, but on the usual sheet and is wrapped with blue seal, so it is very easy to fake it. In order not to lose money, an extract from the USRP is better to order as close to the date of the transaction

Purpose of land

Before starting searching, it is necessary to determine for what purpose it is purchased: you will build a country house or a cottage, grow plants or breed animals. Depending on the further use, select the appropriate area. Recall the classification of sites: land of agricultural purposes; land settlements; special purpose land; Industry land; especially protected natural territories; Forest Fund; Water Fund; Earth stock.

For building houses, land settlements are suitable for individual housing construction. In agricultural land in some cases, individual housing construction is permitted with subsequent registration. However, such solutions are rather an exception than the rule. Most often, construction is possible only after transferring land in the category of land.

Each category of land has its own limitations. So, in areas intended for gardening, it is impossible to build capital buildings. If you want to build a country house for permanent residence, you will in no way come in gardening lands. But in the area for country construction it will be possible to subsequently issue permanent registration (subject to all the requirements of Russian legislation).

Translation of land from one category to another possible, but requires a lot of strength, time and financial costs.

Owner or user?

She can belong to the owner on the right of ownership or be in constant use. In the latter case, the guideline document is an extract from the employment book (kept in the local administration, which, if necessary, provides extracts. Such a plot cannot be sold, give, token. Based on the provisions of the current legislation, it is possible to reorganize the right of permanent (perpetual) use of land, which was allocated to citizens to conduct personal subsidiary or country farm, gardening, gardening, individual garage or housing, for ownership free of charge.

The right of ownership of a similar area can be registered without interviewing. In this case, the cadastral passport put it,

In which the boundaries of the territory are not indicated, and the area is indicated only about. However, it should be borne in mind that after the state registration of the right of ownership, the land survey is necessary.

Extract from the hotel's book is a sufficient basis for registration of land ownership, but only if the latter is provided for conducting personal subsidiary farm. When the site was allocated for other purposes, it is necessary to present a document establishing or certifying the right of ownership.

After state registration of ownership of the owner, the owner is able to dispose of the site within the limits established by the current Land Law of the Russian Federation.

Do not forget to make a detailed inventory (and photography) of property, if some part it turns to you along with the house. In addition, not only indicate all the objects of the furnishings and equipment in the house, but also fix their condition

Unfinished seller

According to realtors, it is worth alert, if the seller of real estate is in a hurry to make a deal (perhaps he is trying to hide important information, such as the purpose of the site or the presence of encumbrances); does not provide a complete package of documents (the land can be obtained as a result of self-creation, so long-term design will be required); He places the right-ending documents of the old sample (probably, the station was repeatedly sold).

In order to maximize themselves, ask the seller the following documents:

• The passport of a citizen of the Russian Federation (when an organization is acting as a seller - a certificate of registration and constituent documents of a legal entity);
• Power of attorney for the right to make a deal (if you do not deal with the owner, but with his legal representative);
• notarized the consent of the spouse for the transaction;
• The resolution of the guardianship and guardianship bodies (when the co-owner is a minor);
• certificates from district psycho-neurological and drug treatment dispensers that the seller is not taking into account.

Check whether the data of the seller and information about the owner of the site, indicated in the right-pointing documents for land and house. If the plot is not implemented by the owner, then the seller must have a notarized power of attorney from the owner

With a non-delicate validity period and faithful trust data.

Inaccuracies of registration

Note that in the data on the land plot (sizes, location, etc.) should not be discrepancies. To exclude the risk of buying a certain area that you examined, carefully examine the cadastral passport (the original, and not a copy - it is important!) And the right-pointing document, on the basis of which the land ownership arose.

In the cadastral plan indicate the cadastral number, location of the site, land category, type of permitted use, area, cadastral value. To make a transaction, enough forms of B.1-B.3, but it is better to check all forms (B.1-V.6), which contains information about the neighbors, on the burdensis, put on the construction constraints, etc.

In the contract of sale, it is necessary to indicate the size and location of the site, its purpose, the cost of land, as well as burdensions (if any).

Amenities and communications

When the documents for the site and the house are checked, and you were convinced of the trustworthy of the seller, there comes a queue of the last phase of real estate check. It is most relevant for those who acquire a plot for subsequent construction or ready to immediately appreciate the ability to restructure the available house (or the construction of a new one).

So, the buyer needs to be clarified whether it will be possible to connect to the power sources (electricity and / or gas), as well as how water supply and sewage are organized or what is the prospects for their construction. Keep in mind that with the equity participation of land owners in the construction of communications, it is necessary to soberly evaluate financial costs, because they may exceed the price of one.

By purchasing a finished mansion, spend the construction expertise. It will determine whether the bottoms were respected during the construction of the house (even the customer of construction could not be fully confident in this). If necessary, the conclusion of experts will serve as an argument in court

The seller needs to request documents relating to electrical, gas, water supply and sewerage. In the first case, the current technical specifications for the connection of electricity; Treaty on technological connection to electrical networks (confirmation of payment); If the networks are not built - the power supply project with all coordination, information on construction periods; If built - an agreement for the supply of energy. In the second case: Technical conditions for gas connection; confirmation of a local gas supply organization about the possibility of consumption of a specific amount of gas (hydraulic calculation); project and timing of the construction of the gas pipeline; If the gas pipeline is built - commissioning acts. Finally, in the third case: data on the possibility of drilling their own well or well device; In the presence of central water supply and drainage - a contract with a level unit; In the absence of sewage - information on the possibility of installing a local cleaning system or other system of local sewage (septic).

If you buy a site for the construction of a mansion or with an already ready home for permanent residence, learn the work of the local management company. From the competence of its employees will depend on the level of comfort of your future life.

Finally, appreciate the ability to expand your possessions - probably after a while you will need a house and (or) more. If such a prospect exists, it is advisable to choose an extreme plot, where there is a technical ability to increase the living space.

Prepare documents

When making a real estate transaction, you should not neglect the help of a lawyer. If you do not want to use the services of a lawyer from the real estate agency through which you buy a plot, you can invite a specialist from the Independent Bureau (its services will cost 50-100 thousand rubles).

In any case, you need to keep in mind that the seller must provide:

• Expanding documents for the house (certificate of state registration of property rights; Act of the Commission on the acceptance of the object into operation, if the house was built directly by the Seller; the contract of sale, sale, donations, exchanges; certificate of inheritance);
• Technical passport of household (land plan, explication of the area of ​​the plot, description of buildings and structures, their purpose, technical condition and cost);
• technical passport with a floor plan for each structure located on the site;
• If the house is suitable for permanent residence, an extract from the house book is necessary;
• Expanding documents for land (certificate of state registration of property rights; contract of sale, donation; certificate of inheritance; Resolution of the head of the administration on the provision of a plot to property);
• The original of the cadastral plan for the sold land.