The summer cottage season will start soon, and therefore many townspeople who have not yet acquired a house in the village are looking for a plot suitable for construction. There are a lot of ads, prices are amazingly low. Why? Are hundreds of square meters depreciated? Our expert, lawyer Victoria Tsarihina-Fesenko, tells what to look for when buying.
April 11 2018
It happens like this: having bought land, the new owner begins to issue a permit to build a house. And he gets a refusal. The reason is that a gas pipeline runs next to the purchased acres. Or very close to a pond. Therefore, the earth has an encumbrance. This means that you cannot build a house, you can only set up a vegetable garden and a garden. In such a situation, you can either start growing vegetables and fruits, or try to get your money back through the courts. True, this is possible only in one case: if the documents provided by the seller do not indicate that the land with encumbrances and construction on it is prohibited. Thus, the buyer was misled. It is impossible to correct such a shortcoming of the plot, and therefore the new owner has a chance to return the money.
They can also prohibit construction because the status of the site prevents the construction of a house. So that in the future you do not have to look for the truth in court, before acquiring land, it is necessary to clarify its purpose.
If you are offered a plot for individual housing construction (individual housing construction), feel free to buy, you can build a house on it. True, the building should not be higher than three floors. Does the seller show documents that indicate that the land is intended for personal subsidiary plots (LPH)? Pay attention to the location of the site. Only if it is within the boundaries of the settlement, construction will be allowed. But in an open field, you can only grow crops. Houses are also erected on agricultural land, but only if the hundred parts are intended for summer cottage construction. Agricultural allotments are intended only for farming. By the way, it is impossible to register (get a residence permit) on such a site. The seller can assure that the land is easy to transfer from one category to another. In fact, this is not the case. The issue has to be resolved in the local administration and in court. But even if it is possible to obtain a new status of the land, the combination may eventually be challenged.
The category of land and the restriction in its use are necessarily spelled out in the certificate of ownership. This document must be provided by the seller, and before the transaction. Before buying, it will not be superfluous to visit the local administration. The land surveyor, architect or head of the settlement should be asked about the possibility of building a house. If there are no encumbrances, you can enter into a deal. Immediately after the conclusion of the sale and purchase agreement, the old certificate of ownership is sent to the Federal Registration Service. From January 1, it is allowed to submit documents via the Internet. You can also do this by personally contacting the offices of the Federal Cadastral Chamber or the multifunctional centers “My Documents”. State registration of rights is carried out within a period not exceeding 7 days. In case of contacting the center “My Documents”, the period of service is increased by 2 days. By the way, on the Rosreestr portal, you can and should, even before buying, independently find out the entire history of the site you like.
Suburban roads are full of ads that make you dizzy. “500 rubles. per hundred square meters. Near the forest. ” In fact, an unreasonably low cost is evidence of deception. The price of plots depends on many factors. It is higher if there is a forest or body of water nearby. What matters is the distance from the city, the congestion of the highway, along which you will then have to go to the dacha. An absolute plus is the proximity of the railway station. The availability of electricity, water and gas increases the price several times. Uneven plots far from the main street of the garden community or in an abandoned village are always cheaper. Even a mound on a site can reduce its value. If you want to save money, choose an uneven piece of land. But refuse to buy land of unknown purpose.