Purchase and sale of land plots
The purchase of a land plot provides for a properly formalized procedure for transferring property into the hands of another citizen of Russia. To avoid misconduct on both sides, you need to know the important points of the sale and purchase transaction.
Preparatory stage
Before drawing up an agreement on the sale and purchase of a land plot and preparing documents for the transaction, the buyer should evaluate what advantages and disadvantages the selected land plot has. For example, if it is planned to build a house, it is desirable that a sewage system and water supply be carried out in the village, but for arranging a garden land, a regular supply of water for a set in a tank will be enough.
Ask the seller for documents confirming his ownership rights, check if there are any restrictions on the use of the land, what additional costs are involved in buying square meters in this area.
If everything suits you, you can take on the legal registration of the transaction, which consists of 2 stages:
- Drafting and approval at the legislative level of a preliminary agreement.
- Preparation for signing and the very signing of the main text of the contract for the sale and purchase of the land.
What is the difference between a preliminary agreement and a contract
The preliminary contract serves as an interim document, its preparation is highly desirable when selling a land plot. The text of the paper indicates the main provisions of the planned transaction, obligations and rights of each of the parties. The preliminary agreement of this kind describes the responsibility of the buyer and the seller for violation of any clause recorded in the preliminary documentation.
Basically, the draft is no different from the main agreement. The only differences are that the first is still at the stage when documents are collected for the official registration of the transaction. Thus, both parties receive guarantees that preliminary agreements will not be violated, as is often the case in oral discussions.
There can be a huge variety of reasons that will reduce all your attempts to sell or buy land to nothing: the buyer suddenly found a plot at a more attractive price, or a citizen who was ready to pay more turned to the seller. It is especially offensive if the land plot is refused when all the documents have already been collected.
Another important nuance is that the primary owner, who is married, is obliged to present the notarized consent of the other half that the sale can be made. You can postpone this if the second spouse is going to be present at the transaction at the notary's office.
What documents are needed
An obligatory step in the process of transferring square meters to private property in 2017 is the registration of the fact at the state level. Clearance is initiated when the preliminary sales agreement is signed by the buyer and seller.
The basis for registering a transaction is an application submitted to the territorial subdivision of Rosreestr, to which the land plot being sold belongs. What other documents are needed?
- cadastral certificate for land;
- an officially issued document on the transfer and acceptance of a land plot to another individual;
- purchase and sale agreement;
- papers confirming the identity of the two parties to the transaction or a notarized power of attorney for one of the representatives;
- a receipt for payment of public services, in 2017 the state duty is 350 rubles, if the land is registered as a personal economy, 2,000 rubles is paid in all other cases;
- the agreement of the alienating party, approved by a notary;
- paper for the ownership of a land plot by one of the parties.
Land Sale Guide 2017
When the documents are collected, you need to appear at the Rosreestr office and give the papers to an employee who will notify you of the date of the next visit to the state structure in order to pick up a certificate of ownership of the property. After that, your task is to contact the UFRS or the MFC. You should take with you:
- identity document;
- a certificate or certificate of receipt of a land plot previously issued by Rosreestr;
- a document with a cadastral plan can be replaced with a land passport;
- declaration for residential and non-residential buildings located on the territory of the acquired land plot.
- Go to the bank and pay the state duty again, this time its cost reaches 1,000 rubles for each object being processed. To speed up the process, in the absence of queues, you can deposit money at the cash desk of a state institution.
- Sign the certificates of issue. This paper, in accordance with the job description, is drawn up by an employee of a state organization.
- Take away the receipt, the text of which indicates that all personal documents have been submitted for registration of the land plot. Be sure to pay attention to the presence in the receipt of the date of issue of the certificate.
- Take away the certificate issued for each owner of the land plot.
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 issue a property deduction.
Subtleties of registration of a "free" land plot
Owners of land allocated prior to registration of the Land Code have a different way of registering ownership of land. You should visit Rosreestr and leave an application of the established form, which will be provided by employees of the state station. What documents are needed?
- Passport. If the applicant is a trustee, a notarized power of attorney must be in hand.
- Papers confirming the right of ownership, or a positive decision made by the judge at the hearing.
- Cadastral documentation regarding the land plot.
Free to "buy", but in fact to take ownership of land have the right of the person to whom it was originally issued, or their heirs in descending order of kinship. How to prove the fact of transferring a land plot:
- Show the written decision of the authorities, where the area allocated for a garden, a vegetable garden or a dacha economy is fixed.
- Provide a certificate with data taken from the household book of the district administration, if square meters are allocated for the construction of buildings and structures.
- Submit notarial papers for the right to inherit property.
You can get land:
Having privatized the land,
in the process of buying and selling,
after completing the registration of the rent agreement,
in the process of donation to a land plot,
as a result of the exchange,
having received an inheritance.
Before proceeding to the implementation of further actions, it is necessary to decide to prepare a package of documentation. It should be remembered that today not all land in the Russian Federation can be owned by citizens.
To find out which plots cannot be registered, you need to familiarize yourself with the provisions of article 27 of the Labor Code of the Russian Federation and study article 28 of the Federal Law of 21. According to the rules enshrined in regulatory legal acts, if a site has restrictions on use or is withdrawn from circulation, it cannot be transferred into private property.
Such land plots include:
State-owned parks and reserves,
objects included in the list of specially protected,
lands included in the water and forest resources,
common areas,
plots belonging to the RF Armed Forces,
territories where burials were carried out.
If the land is not included in the list, the person can carry out the registration procedure.
Having made sure that the object of interest can be registered as private property, a person can proceed to the implementation of the action.
To carry out the procedure, you will need to prepare the following papers:
Person's passport,
a check confirming the payment of the state duty,
paper confirming the right to getting a plot,
cadastral plan of a piece of land,
an application completed in a standard form and containing a request for registration of the site.
The documents confirming the right to a piece of land may vary depending on how exactly the person acquired the plot. The following can act as securities:
contract of sale,
acts and other documentation obtained as a result of court proceedings,
privatization agreement,
a document confirming the inheritance of a plot,
documentation proving ownership,
extract.
Without the presence of one of the above documents, the registration of land ownership will not be carried out.
To carry out the registration of a land plot in ownership, a number of manipulations will have to be carried out to register the right.
To complete the action you will need:
1. Prepare a package of documents and submit it to the Federal Registration Authority.
2. Fill out the application in accordance with the established form.
3. Pay the state duty in the prescribed amount.
4. Wait until the representatives of the state body analyze the received documentation.
5. Make sure that the mark in the Unified State Register has been entered upon receiving the relevant document.
It should be remembered that it will be possible to register land ownership only if there are no defects in the documentation.
If the site is inherited
If a person received land by inheritance, he will have to follow the classic design scheme.
Before starting the manipulation, you need to visit a notary. He will issue a paper that will contain a complete list of the necessary documentation that will have to be collected.
Receiving a land plot by inheritance, it is necessary to assess its market value.
Registration of an empty area
If a person thinks how to arrange a land that is empty, he must understand that the implementation of manipulation is a long process. To simplify it, you can try to find the owners of the site and negotiate with them.
If the owners of the land are found, its registration will be carried out, as in the situation with the sale and purchase - in the classical way.
If the owners of the site could not be found, you will need to contact the municipality and submit documents confirming this fact.
Experts advise supplementing the documentation package with copies of the requests that were made during the search for the owner of the site.
Having received the papers, the employees of the state body will register the land for cadastral registration. The manipulation is performed for 1 year. This is done so that the owners can find the site and claim the rights to it. If the owners did not show up, the case is sent to court. If there is evidence that the land is empty, it goes into the possession of the subject of the Russian Federation. The person who claims the land will have to lease it from the municipality.
To privatize the land under the dwelling, its owner will need to contact the government agency that owns the site. You need to have an extract from the cadastral plan with you. Within 2 weeks, the state body will decide on the provision of land to the applicant.
The land can be provided free of charge or on the basis of a certain amount of money. In the second situation, you will need to draw up a sales contract.
If the subject of the Russian Federation agrees to transfer the land, the person will receive the appropriate permission.
Documents for the sale of the site in 2017
To sell a part of a land plot without land surveying, you must have a cadastral passport. However, from 2018 this will not be possible - a law will come into force limiting the possibility of sale land plots and their shares without boundaries.We still recommend contacting a geodetic company and properly carry out the surveying procedure. After receiving in your hands all the necessary documentation with the execution of transactions in relation to the share of the site, problems will not arise. In addition, you will thus avoid disputes with neighbors.
How to sell a share of land without allocating it?
The owner has the right to sell a share of the land without allocating it to other equity holders. It is prohibited to alienate the rights to other persons who are not participants in the ownership of the site without allocating a share.
It should be borne in mind that even after surveying and proper allocation of a share, the right of pre-emptive purchase remains with other equity holders. If we are talking about a land plot for agricultural purposes, then the municipality or constituent entity of the Russian Federation has the right of pre-emption. You must declare the use of this right within 30 days. Otherwise, the site may be sold to others.
Without the allocation of a share, the transfer of ownership is possible only by way of a will. How to arrange it correctly in a specific situation, you can check with a lawyer.
How to sell a share if the co-owner is against it?
The transfer of ownership to an outsider may not please other equity holders. Therefore, the law establishes the need to notify all owners of a land plot of their intention to sell a share of a land plot.
The co-owners cannot prohibit the transaction. If none of them exercises the right of pre-emption and declares this officially, the seller can sell the share to any other person.
It is important to consider here that when the owners go to court, the seller must prove the fact of notification of the upcoming transaction. For this reason, it is recommended that the parties concerned be notified in writing by registered mail. If the conversation takes place verbally, record it on a dictaphone.
According to Art. 250 of the Civil Code of the Russian Federation, in the notification it is necessary to indicate all the conditions of the upcoming sale - price, description of the object, etc. In case of violation of the notification procedure, the co-owners have the right to go to court, and then, perhaps, the ownership of the share will pass to them. Term limitation period is three months.
How to sell a share to a co-owner?
To sell a share of a land plot to a co-owner, it is necessary to get a refusal to purchase from other equity holders.
In this situation, the package of documents will include:
Certificate of ownership of the share or extract from the USRR;
title document (sale and purchase agreement, deed of gift, etc.);
cadastral passport or an extract from it.
All equity holders are equally entitled to take advantage of the pre-emptive right to purchase. Therefore, the transaction cannot be completed without refusal to purchase from other co-owners.
Purchase and sale of a share of a land plot with buildings
If there are buildings on a share of the land plot, the sale will be carried out together with them. However, this will not be possible without properly registering the buildings.
If the buildings are unregistered, there are two options: passing registration and issuing a technical passport or demolition of buildings. The future owner will probably not want to do all the manipulations at his own expense. The cleared area will be more in demand.
Sale of a share of a land plot for agricultural purposes
Agricultural land is a special category, therefore, the procedure for selling a share of such a plot is different from others. It is necessary to notify the municipality of your intention three months before the expected date of implementation.
The notification specifies the exact characteristics of the share of the land plot, terms of implementation and cost. You can notify the local administration in person or by registered mail. If, after a month after receiving the notification, the municipality has not transmitted its answer, then the share of the agricultural land plot can be sold to another person within a year.
Any changes to the terms of the deal must be repeated with the municipality. In practice, the administration rarely buys out land shares, but notification is required.
Documents for the purchase of a land plot in 2017
Let us examine all the aspects affecting the issue of the procedure for the purchase of a plot of land in the legal plane. Initially, it is extremely important to determine the purpose of the acquired land. This is due to the fact that not every land plot is allowed to erect residential buildings. For this reason, it is necessary to take into account which category the land belongs to, and what manipulations are allowed with it.For example, if you want to start construction of a residential building on the acquired land plot, you should take into account the fact that such construction is permitted on a plot that belongs to settlement lands.
Stage 1. Site selection.
An important factor is the belonging of the site to the secondary or primary land market. Within the framework of primary market, the plot of land is transferred to the owner by a decision of the authorities municipality... If the land is acquired on the secondary market, then the title to it is transferred to the new owner from the previous one.
The current the legislative framework, regulates the possibility of buying and selling only those plots of land that have passed the state registration procedure in the cadastral register.
A plot of land as real estate is registered in such official lists as: State cadastre of real estate, Unified state register of property rights to real estate.
In order to minimize the likelihood of any problems arising at any of the stages of registration of a transaction for the acquisition of a land plot, it is recommended to use the help of a qualified lawyer specializing in real estate transactions.
Stage 2. Collecting documents.
The minimum list of documents that the seller must provide when carrying out the procedure for the sale and purchase of land:
1. A document establishing the rights to a specific land allotment - the subject of the transaction.
2. Certificate of ownership of the site - issued by the state registration service of the cadastre, as well as cartography. This document demonstrates the following list of information about a land plot: who acts as the owner of this land, the type of land plot, the possibility of its application in various fields, as well as its area, location, number in the cadastral list and possible encumbrances imposed on it.
3. Passport of the cadastre, where you can find the number of this site, location, estimated value, exact size, category of the site, type of acceptable use, along with all information about the legal rights to this land. Also, such a document must be accompanied by a schematic plan of a plot of land.
4. Passport of the owner of the land.
Stage 3. Registration and nuances.
This list of documents should be sent to local government agencies involved in the registration of real estate.
The buyer should pay special attention to the point in the inventory passport, where specific marks are indicated. If in this column it is written that the boundaries of this site have not yet been determined, then it is highly recommended to carry out the procedure for surveying such a land plot. This will help to avoid in the future the emergence of conflict situations with neighbors regarding the delimitation of neighboring land plots.
In fact, quite often there are situations when the owner of the land, acting as the seller, received the title to the land allotment before 1998. At the same time, he did not have time to go through the procedure for registering property rights in government agencies in accordance with the federal law "On state registration of property rights and real estate transactions." In such a situation, the registration service simply will not be able to provide the buyer with the necessary information due to its absence in a single database. The seller will be obliged to apply to the relevant authorities to go through the procedure for registering his real estate with the subsequent receipt of a certificate of ownership of a new format. This procedure takes no more than five working days on average.
All interests of each participant in the process of buying and selling a plot of land can be represented by authorized persons who have the appropriate permits, who have passed the procedure of notarization.
In cases where the owner of the home is a minor citizen, or a person who has the status of incapacitated, then for the final transaction of the sale of land, you need to obtain permission from the state guardianship authorities.
To exclude the occurrence of any problems in the process of transferring ownership of a land plot, one should act in accordance with all existing legislative norms and rules.
Stage 4. The procedure for signing the resale agreement.
The sales agreement form is in a standard format. Such an agreement can be drawn up both independently and with the help of law firms specializing in real estate law. Such an agreement must contain all information about the land plot, which acts as a product, as well as the personal data of the parties acting as a seller and a buyer.
Before carrying out the procedure for signing such an agreement, its participant may agree on the transfer of the deposit.
Stage 5. Procedure for submission of documents for re-registration of land ownership rights.
For the final registration of the procedure for the transfer of rights to real estate, in addition to the above documents, the parties to the agreement must provide government agencies with:
Application for holding state registration;
Documents that establish the identity of each of the parties to this process;
A receipt for the transfer of funds as a state fee.
Upon completion of the procedure for submitting a package of documents to the representative offices of the Office 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 required documents for state registration, where the final date of such registration will be marked. On average, the registration procedure takes no more than 30 working days. During this time, the submitted documents will be checked for legality and compliance.
You can always bring down the indicated price for a land plot. The amount of the discount directly depends on the talent of persuading the buyer and the firmness of the seller's position. Asking the seller if he is ready to bargain or how much he can concede is a completely failed strategy.
To begin with, it is recommended to identify the existing shortcomings in this piece of land and already starting from them, to determine the bargaining range. Quite effective way there will be direct announcement of the price that the buyer is willing to pay for the 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 is to remember that you should never be led by the seller, because his main task is to sell his property as expensive as possible.
Land surveying law 2017 documents
When buying a land plot, it is far from always possible to be sure that the seller of the land plot has not illegally appropriated any part of the plot from his neighbor. Therefore, in order to avoid controversial issues with the closest owners of land plots, you should legalize the boundaries of your own plot before selling it to other people.The government is meeting its citizens halfway on this issue by adopting a law on compulsory land surveying, which will help not only privatize the site, but also protect itself from any unexpected problems in the future.
You should hurry to legalize your rights to own this or that land plot, because from the first days of January 2018, the parliament plans to establish an unquestioning ban on the disposal of those plots in respect of which land surveying has not been carried out. Accordingly, if the land survey was not completed before 2018, then any individual will be officially prohibited from disposing of the land.
V last years over the entire territory of Russia, more than half of the entire fund of land allotments by individuals has not been surveyed. The main reason for the lack of activity in legitimizing plots of land is considered to be the document on the dacha amnesty issued by the parliament, as a result of which many summer residents could not go through the land-surveying procedure.
Then this bill was a forced measure, because then there was still no fully legal and regulatory framework for the correct registration of rights to any piece of land. Today, sad statistics prompted the government to adopt a new law requiring the documentary confirmation of the property right to dispose of any land holdings.
The ban on the disposal of plots of land, in respect of which the obligatory land surveying has not been carried out from now on, will come into force on January 1, 2018.
It is introduced into use for the following purpose:
Improve the legal situation with the rights of owners;
simplify the procedure for the provision of land;
to increase the efficiency of territory regulation;
expand tax collections;
to involve participants in civil circulation.
The state intends to establish completely new legal mechanisms for determining and entering into the real estate cadastre the most complete and completely reliable information about the boundaries of land plots, as well as about the location of various buildings and large structures on them.
However, the new bill is beneficial not only to the state, but also to ordinary citizens, because it largely minimizes the occurrence of controversial situations related to the right to own a separate land plot.
It is extremely necessary to engage in the land surveying procedure when it is planned to sell any part of your land or to inherit the land plot to several individuals. This will help to avoid confusion in the issue of dividing the land plot between several heirs, because each of them can easily and freely receive the land plot and his own certificate of ownership of the land.
A very important nuance, which must be settled before the official submission of documents for the establishment of the boundaries of personal land holdings, is the consistency of the size of your own plot with neighbors.
After all, if you miss this moment, then in the future a serious conflict may flare up, threatening with litigation. Therefore, it is very important to discuss in advance the size of the personal territory in order to avoid all kinds of obstacles on the way to the legal establishment of the boundaries of the allotment of land.
Only after the issue has been discussed with the closest neighbors, you can start submitting documents for surveying your own plot of land to the relevant official state bodies.
In order for the case of establishing personal boundaries to be considered, an agreement should be concluded for the performance of such land management work with a specialized geodetic organization. The business of establishing the boundaries of the plot of land will be taken care of by cadastral engineers who will carry out all measurements and issue a boundary plan.
Alternatively, you can also contact a private engineer who will be able to carry out the work to demarcate the land, but he must necessarily have an official permit to engage in such an activity.
For the successful consideration of a case on fixing personal land boundaries the owner of the plot must provide the original document confirming the identity of the owner, as well as any official papers on the land plot, which indicate the right to own the plot.
Employees of the Land Committee carry out the land-surveying procedure exclusively on the basis of a written application from the owner. It must be certified by the owner personally or by a representative by power of attorney. The whole procedure is paid, and you can find out about the cost in the relevant state authorities.
According to this scheme, land surveying will take place until 2018. But already from the beginning of January 2018, the owners of land plots, whose borders have not been officially determined for any reason, will not be able to personally dispose of their property.
Therefore, you should worry in advance about obtaining government-issued documents confirming the right to own a plot of land in order to avoid additional problems in the future.
Donation of a land plot to a relative documents in 2017
When making a donation of a land plot, it is necessary to take into account the provisions of the Civil and Land Codes, the Federal Law "On the Procedure for State Registration of Rights to Real Estate and Transactions Therewith", and to pay taxes on time.The law requires that the donation of real estate, in particular, and land, be formalized in writing.
It is not necessary to certify this contract by a notary; the power of a notarized donation is the same as that of a simple written form.
But notarial can be convenient in that:
When certifying the contract, the notary will check its legality, correctness of execution, the rights of the parties and other the necessary conditions;
the notary can not only certify the contract, but also draw up it competently;
the notary is liable (material) for damage caused by his wrong actions;
if the gift certificate is notarized, then the registration of property rights on it is much faster.
When a land plot is joint property of a family, its donation is possible only with the mutual consent of the husband and wife. The permission from the other spouse is required to be notarized.
National tax
For the registration of ownership of the site, a state fee must be paid, which in the general case is 2,000 rubles.
The law also provides for benefits for the payment of state fees. Poor citizens are completely exempted from it - for this they need to submit a certificate from the social security authorities.
Payment details territorial office Rosreestr for payment of the state duty is on the Rosreestr website.
Personal income tax
The law classifies gifts received as income, and, therefore, the recipient of the gift must pay personal income tax. This tax is not levied on a gift from a close relative.
The amount of tax payable can be calculated:
At the cost of the land, which is given in the deed;
if the value is not indicated - according to the cadastral value.
If the tax office considers that the valuation of the land in the contract is underestimated, it can calculate the tax on the cadastral value. If the gifted person does not agree with the assessment of the tax inspectorate, it can be challenged in court.
The tax rate is:
For residents of Russia - 13%;
for non-residents - 30%.
The ownership of real estate exists from the date of its registration, and this date is recognized as the date of receipt of income, from which the deadlines for filing a declaration and payment of tax are calculated. If the land is received as a gift, you must submit a declaration of income in the form of 3-NDFL.
It can be noted that the tax paid by the donee is higher than the tax that the donor would pay when selling the land: at the same tax rate of 13%, the person who received the land as a gift will pay tax on the full amount, and the seller only on the amount in excess of 1 million rubles. ...
The text of the dedication should contain:
Surnames, names, patronymics, addresses and passport details of the parties;
cadastral number, location and area of the site;
a house or other buildings located on the site must also be listed in the contract;
if the land is encumbered with easements (that is, other persons can use it in a limited amount - for example, for passage, or electrical or other networks pass through the site), they must be listed in the contract; if the site has other encumbrances (for example, mortgaged) - they must also be indicated in the contract.
The agreement may indicate that the donation takes place between close relatives (the agreement will be valid without this indication, but it will simplify the decision on the issue of taxes).
The donation is free of charge, and the contract cannot include any reciprocal obligations of the donee - otherwise it will become invalid.
The donation must meet the requirements for registering real estate:
Full data on the parties to the contract and on the site must be provided;
it must be clearly indicated that it is the donation that is being made;
no corrections in the text are allowed;
you cannot write the contract in pencil.
The gift certificate is issued in 3 copies. And one copy remains with the parties, and the third copy is transferred to Rosreestr.
Registration of a land donation agreement
It is not the gift itself that is registered, but the property right that arises from the donee. Registration is made regional office Rosreestr.
The following are submitted for registration:
Application for state registration of ownership (one copy);
gift (3 copies);
a receipt for payment of the state duty or a certificate from the social security authorities that the parties to the contract are poor;
documents defining the ownership of the site;
the consent of the other spouse, certified by a notary, if the land (or the buildings located on it) is the joint property of the spouses;
permission for a transaction from the guardianship and trusteeship authority, if the party to the contract is a minor or incompetent;
when a representative acts on behalf of a party by power of attorney - a power of attorney issued to him and certified by a notary.
All documents, except for the application and the contract, are submitted in duplicate. After registration, the first copy (original) is returned to its owner.
When submitting documents to Rosreestr, you must also have your passports with you.
Registration includes:
Acceptance of applications and other documents from the person receiving the right to the site;
legal examination of documents and verification of the rights to the site, including the rights of third parties; making a record of ownership in the register;
a mark on the submitted documents about the registration and the issuance of a certificate to the donee.
Rosreestr registers rights to land within 10 working (not calendar!) Days from the day when the documents are accepted by the registrar. If the gift is certified by a notary, this period is reduced to 3 days (Article 13 of Federal Law No. 122-FZ) - since no legal verification of the validity of the transaction is required.
The law (clause 181 of article 217 of the Tax Code of the Russian Federation) recognizes as close relatives:
Children (both relatives and adopted children);
parents;
spouses;
grandchildren;
grandfather and grandmother;
brothers and sisters.
The law does not provide for any specific features of the donation agreement for close relatives, except that a gift from a close relative is not subject to income tax. Accordingly, it is not required to declare it to the tax office.
In Russian law, property rights differ:
On a land plot;
on buildings located on the site.
In this case, two different cases are possible:
The buildings belong to the owner of the land;
the land plot belongs to one owner, but the buildings on it belong to another person.
If the land and buildings on it are owned by the same person, these buildings and structures must be included in the donation agreement, since Art. 35 of the Labor Code of the Russian Federation does not allow the transfer of a land plot without houses and other structures located on it, just as a building can be alienated only together with the land on which it is located. Therefore, the donation for the site must include the buildings on it.
When giving is prohibited
The law (Art. 575 of the Civil Code of the Russian Federation) prohibits any donation on behalf of minors (up to 14 years old). The law does not prohibit donation on behalf of minors over 14 years of age, but requires the consent of the guardianship or trusteeship body to the transaction.
Employees of educational and medical institutions, social services do not have the right to accept real estate as a gift from citizens who are trained, treated in these institutions or are under the care of the relevant services. This prohibition also applies to the spouses and relatives of such citizens.
State and municipal employees are not entitled to accept real estate as a gift if the gift is related to the performance of their duties.
These prohibitions are established to protect the rights of dependent persons (minors, the disabled and the sick), as well as to combat corruption.
It is also not allowed to conclude contracts according to which the donated receives a gift only after the death of the donor - in this case, property issues are already regulated by inheritance law.
Donation can be canceled (Article 578 of the Civil Code of the Russian Federation):
If the recipient of the gift has committed a dangerous crime against the donor himself or close relatives of the donor: attempted their life or caused them bodily harm;
in case of improper treatment of the donee with a gift that has intangible value for the donor, which threatens his irrevocable loss;
if the donee dies before the donor - but this must be clearly stated in the deed.
Not only the donor, but also other persons, in particular:
In case of bankruptcy of an individual entrepreneur - his creditors, if the donation was made within six months before the bankruptcy;
guardianship and trusteeship body, if the donation violates the rights of a minor.
There are two ways to cancel a deed:
The recipient refuses to accept the gift;
the donor submits a claim to the court to revoke the deed of gift.
If the donation is canceled, the land, together with the buildings on it, is returned to the donor. The return of land to the ownership of the donor must also be registered with Rosreestr.
If, under a donation agreement, the land is transferred in the future, the donor has the right to refuse to transfer the land:
For the same reasons for which he can demand the cancellation of the gift (part 2 of article 577 of the Civil Code of the Russian Federation);
if his standard of living during the transfer of the plot as a gift significantly deteriorates (part 1 of article 577 of the Civil Code of the Russian Federation).
Documents for the privatization of a summer cottage in 2017
Thanks to the “dacha amnesty”, the privatization procedure is extremely simplified and accelerated.To privatize land, you will have to submit a package of documents to the local administration, including:
Description of the site (area and location), which is carried out independently;
a certificate from a garden / horticultural partnership or cooperative confirming the information you provide - for members of these communities. Individual owners - any title deed;
statement;
identity document.
To obtain a cadastral passport with all the necessary information about the site, you must submit to the local cadastral registration authority:
Land surveying conclusion (since 2015 - optional);
your application;
a receipt for payment for the preparation of the statement;
passport or a document replacing it;
document confirming ownership;
INN.
Features of privatization of garden or suburban area in 2017
The dacha amnesty was introduced in Russia and since then it has been extended for the second time; now its validity period is determined until 03/01/2018.
Officially, this law is called "On Amendments to Certain Legislative Acts Russian Federation on the issue of formalizing, in a simplified manner, the rights of citizens to certain objects of immovable property ”. It allows citizens of the Russian Federation to significantly facilitate the process of obtaining a certificate confirming their right to own land and residential buildings located on it.
According to official statistics obtained from Rosreestr, at present, about a third of the land plots remain unregistered. This fact and a number of other reasons contributed to the extension of preferential terms for land privatization.
Since the beginning of this year (01.03.2017), special amendments to the Land Code have been working. They concern both individual owners and citizens who are horticultural, horticultural and dacha cooperatives or comrade organizations. Until 31.12.2020 inclusively, they have the right to privatize land plots completely free of charge.
To carry out this procedure, it is only required to provide a package of the most necessary documents to the local self-government bodies. Receiving them will not take a lot of time from the owner. It should be especially noted that the date of entry of a citizen into the ranks horticultural partnership or the cooperative in this case is unimportant.
The right to free land privatization can be exercised by:
Owners of land plots with existing buildings on them, acquired before the entry into force of this Land Code. This does not in any way apply to areas with unauthorized buildings;
owners who received land under subsidiary farm or development on the basis of a lease agreement;
owners of land under the garage and members of gardening, gardening, summer cottage communities;
owners who have inherited land or for free perpetual use
To privatize land that you own in a gardening partnership (ST), you need to do just a few simple steps:
1. When starting the privatization process, make sure you have a garden book with your plot number. If for some reason the book has been lost, order its restoration by contacting the chairman of your summer cottage partnership.
2. Take in the board of CT the conclusion, testifying to the assignment of land to you.
3. Contact the local administration and hand over to the person in charge your application for granting you the land you own and the documents taken from the gardening partnership.
4. Wait two weeks, after which, visit the local administration again and take the decision of the session on the transfer of the allotment to your property.
5. Order and receive a cadastral plan after a certain time, for which contact the appropriate department of Rosreestr. At the same time, provide there the title-setting decision issued to you by the administration.
6. Prepare a cadastral passport, a decision of the administration, a receipt for payment of state duty, fill out an application form for registration of ownership and take these documents to the registration chamber.
According to a similar scheme, members of dacha and vegetable garden partnerships and cooperatives can privatize land.
The registration authority at the location of the site must be provided with:
Statement;
passport;
document confirming ownership;
a document confirming the payment of the state duty;
cadastral plan of the site.
Transfer of a plot to ownership is impossible if:
Owner's rights are being questioned;
the land allotment is subject to the prohibition stipulated federal law(land of the coastal strip, park area, etc.);
the land was withdrawn from circulation.
Persons without Russian citizenship are also referred to as persons who do not have the right to free land privatization.
The procedure for registration of the sale and purchase of a land plot in 2017 provides for the observance of the rights and legitimate interests of the parties to the transaction, as well as the compliance of the provisions of the agreement and actions to conclude it with the current legislation. In order to guarantee the principles of transparency and reliability of information, legislative norms provide for a number of imperative requirements for the form, content and procedure for passing the state registration procedure in the Federal Register of the Russian Federation.
The subject of the transaction - the transfer of rights to the land plot - provides for the mandatory entry of data on the parties involved and the characteristics of the land plot in the USRN. There are separate requirements for the transaction object, for example, the presence of a cadastral identifier. For the rest, the parties have the right to be guided by the principle of freedom of contract (Article 421 of the Civil Code of the Russian Federation) and conclude it on any terms.
The parties are obliged to come to an agreement and write down in the contract all the essential conditions characteristic of the sale and purchase of real estate (in accordance with Art. 554-555 of the Civil Code of the Russian Federation, the essential conditions include information on the subject of the contract and its price). Otherwise, this contract is not subject to conclusion, and in the event of its signing - registration and is considered not concluded until the moment the necessary conditions are included in it.
We propose to consider how the sale and purchase of a land plot is processed as of 2017.
The order of registration of the transaction
The procedure for registration of the sale and purchase of a land plot begins with preparatory phase, where the buyer must check the legality of the seller's documents of title to the land plot of interest. The legality of the owner's powers is checked on the basis of the provision of a certificate of state registration of the right to a real estate object or an extract from the USRN (an extract from the USRR was issued until 01.01.2017). The buyer can independently apply for an up-to-date extract from the USRN immediately before the conclusion of the transaction. In addition, you should study the document itself, on the basis of which the state registration of property rights occurred. For example, in the case of acquiring a right under a donation agreement, the agreement may be canceled on the basis of its nullity, the limitation period in this case will be 3 years. To avoid possible problems, the buyer may require the provision of certificates from the psychological and drug treatment dispensaries about the health status of the original donor of the property.
The next stage of registration of the transaction for the sale and purchase of a land plot (in whole or its share) is the direct signing of a document on paper. The agreement must be signed in triplicate, taking into account the need to provide one of them at the disposal of the Federal Register of the Russian Federation. The notarization of the sale and purchase of a land plot is not required, with the exception of cases provided for in Art. Art. 42, 54 of Law No. 218-FZ.
The contract for the sale and purchase of real estate signed by the parties is not considered concluded until the moment of its state registration, therefore, the next step should be to contact Rosreestr or the Multifunctional Center (MFC) for the provision of state and municipal services. An appeal to one of these authorities consists in signing the necessary papers and transferring a package of documents prepared in advance for filing. If, when submitting, all the rules for drawing up a contract for the sale and purchase of a land plot are observed, the parties are notified of the date when it will be possible to pick up the final extracts from the USRN with information about the transfer of rights to the new owner. At this point, the procedure for drawing up a contract for the sale of real estate is considered completed, and the transaction is concluded.
The documents
The package of documents required for registering an agreement with the Federal Service for State Registration, Cadastre and Cartography of the Russian Federation includes the following:
- a statement by the seller and the buyer on the termination of ownership and on entering information about the new rightholder into the USRN, respectively (the statement is a standard form, which is drawn up on the spot by the responsible specialist of Rosreestr or the MFC and is provided to the parties for signature);
- documents proving the identity / powers of the seller and the buyer (if a legal entity is a party to the transaction, it is necessary to provide constituent documents that give the person the right to represent the interests of the organization or a power of attorney);
- a document confirming the acquisition of ownership of land by the seller (contract, resolution of the executive body, court decision, certificate of inheritance, etc.);
- a document of title in relation to a land plot (certificate of state registration / extract from the USRN, which is provided in exchange for a certificate from 15.07.2016 - Art. 28 of Law No. 218-FZ);
- information from the real estate cadastre (cadastral extract);
- an extract from the Bureau of Technical Inventory if there are buildings on the land plot;
- notarized consent of the second spouse for the sale of the specified land plot, if a married individual acts on the part of the seller;
- the original of the real estate purchase and sale agreement signed by the parties;
- the act of acceptance and transfer of the land plot;
- a receipt for the transaction specified in the agreement;
- receipt of payment of the state fee;
- other documents.
Terms of registration
The terms of registration of the sale and purchase of a land plot vary depending on a number of subjective and objective reasons. Apart from the time spent on drawing up and agreeing on the terms of the future agreement, we will start the official countdown from the moment of the actual signing of the agreement. An agreement on the transfer of ownership of an immovable property is considered concluded from the moment of its state registration (Article 551 of the Civil Code of the Russian Federation). The law does not prescribe an imperative deadline for parties to apply to Rosreestr in order to go through the state registration procedure. However, it should be borne in mind that until the moment of appeal, the parties will not have civil rights and obligations stipulated by the signed agreement.
The only fixed period is provided for by Law No. 218-FZ within the framework of the provision of state services for registering ownership of real estate - 7 working days from the date of receipt of documents (Article 16 of Law No. 218-FZ). If the parties applied for registration at the MFC for the provision of state and municipal services, the procedure will increase to 9 working days, of which 2 working days are allotted for sending documents to Rosreestr.
In general, the period for registration of the sale and purchase of real estate depends on the activity of the parties and the time spent on preparing the package of documents required for filing with Rosreestr. Reception in the territorial subdivisions of Rosreestr RF is carried out by appointment, which does not guarantee the submission of documents on the day they are signed. Submission of documents to the MFC is carried out within the framework of a live regulated queue, but a large number of specialists guarantee the acceptance of documents on the day of application.
The cost of the procedure
The cost of drawing up a contract for the purchase and sale of a land plot consists of several terms, the total amount depends on additional services provided as part of the transaction.
Most a budget option the prices for registration of the sale and purchase of a land plot provide only for the payment of the state fee when going through the state registration procedure. To save on running costs, you must have sufficient knowledge to independently and competently draw up a sales contract and form a package of documents for filing (provided that all documents are already on hand). In addition, this agreement should not be subject to mandatory notarization, which is provided on a reimbursable basis.
If you are experiencing difficulties at any of the stages of the transaction, you need to seek the help of qualified specialists who will provide you with services to support the transaction within the framework of a bilateral agreement for the provision of paid services.
Thus, each participant in legal relations must independently decide how much he is willing to pay for the conclusion of the transaction. Neglecting the help of third-party specialists is fraught with delaying the registration process for the transfer of rights.
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