The country is the favorite summer resort of the greater part of our population. For many to buy a house long does not imply to grow vegetables. Today this place has become synonymous with outdoor recreation in good company. The acquisition of any property, including villas you need to carefully consider and plan so, to avoid all the pitfalls. Any deal must be documented by contract, signed by both parties.
Features purchase villas
In order for the deal to be valid, it is important to check, is there the necessary papers from the seller. When buying an apartment play a role are the price, the size of the living space, the availability of infrastructure (kindergarten, clinic, school). Cottage as a property moves the selection to the background. Take into account the area of the, the characteristics of the soil, access to water and electricity, terrain etc.
Before you buy a cottage it is important to ask about the relationship with gardening co-op. Membership in such organizations is voluntary. No one can restrict access to the purchased property, even if the buyer does not wish to join the community. So you can safely buy the country and without the participation in the work of these organizations.
Here there is some nuance. Allocated to each owner of the villas of electricity meters more often than not. Therefore, access to electricity, the water flow is either restricted to, either provided by individual contracts. Because all systems are considered to be the property of the partnership.
The Board of the cooperative may require the future owner to obtain a permit to purchase, bills to pay the previous owners debts and the contributions for the period, prior to buying. All these issues need to be identified and resolved before registration of property rights.
To buy a cottage it is possible for different purposes: gardening in the summer, vacation spot or permanent residence. Before entering into an expensive transaction it is best to remove at some time any house and on their own experience to evaluate all the pros and cons of a suburban area.
Often before the new owner of the cottages, the question arises of communications: winter water, sewer, the gas connection. The Executive Board provides snow removal, protection, repair of roads, other domestic issues. Before, how to buy a dacha in SNT, it is necessary to specify the amount of the entrance payment, the cost of membership in the cooperative. In the prestigious residential complexes they can reach tens of thousands.
How to buy a cottage
Spring and summer sale, country real estate grow. Together with people's desire to relax away from the busy cities, rising prices for cottages. This process begins in March. Until autumn you can safely and slowly explore options with photos and price, keep track of latest ad on avito, and to make a purchase in the fall (from September to November). This is the time to buy a cottage can be most beneficial, prices will inevitably fall, sellers are often more compliant and are willing to discount to 30% of the original cost.
We can negotiate about the price reduction in the most prestigious area of the holiday village. But rather just a discount on the illiquid. Therefore it is always necessary to carefully analyze and compare proposals. When discussing prices to the country it is important to pay attention to the following points:
- Distance from the city limits affects the cost of land. To buy a cottage in the area much cheaper, than in the suburbs.
- Upon full payment, you can negotiate a reasonable price reduction, eg, on 5-10%.
- Form of payment can also be used to receive the discount. It's easier for buyers to negotiate on the assignment, if he is willing to pay cash even for a day. The delay in obtaining a loan or credit can become a barrier in the negotiations.
- Often the sellers giving themselves wind the cost, then to provide a discount to interested buyers. This can be used, calling the available on-hand amount. The active position of the buyer during the bidding will allow you to get the maximum discount.
- The various flaws in the landscaping, which will fall on the shoulders of the buyer also can be used to reduce the final cost of the garden. This could be the replacement of a leaky roof, the restoration of the fence, water pipe repair.
- In conditions of widespread crisis to buy a house can be in installments.
- Best purchase you can make, looking for offers for quick sale. When demand is low discount 30% achievable.
Sometimes a significant price reduction should be alerted. maybe, the seller is silent about any problems, associated with the operation or maintenance of a garden small house. Deficiencies can be associated with a legal or domestic difficulties.
Conflict and noisy neighbors can ruin all notions of countryside recreation. Besides, are still being used in fraud schemes with real estate. The acquisition of cottages with fake documents may result in loss of ownership, and money. The transaction will be cancelled.
To cheap to buy a cottage and not to be deceived, you need to spend a significant amount of time. To study the market, to perform prices, to evaluate the perspective of the location of the site, search the forum and read the reviews of owners of country real estate. Of course, better to have a car, to see the proposed options in place.
SNT (SADOVODCHESKOE NEKOMMERCHESKOE Tovarischestvo) often help with the purchase. Typically the President knows about those, who plans to sell the land, but the real steps still have not taken. He also can give advice, what country to buy and how to contact the owner. Sometimes may work and Bulletin boards in the building of the Association.
In almost every partnership there are about 10% owners, thinking about selling (only 7% collected and have already shared their plans with the Chairperson or neighbors).
How to get the cottage free of charge
The government may provide land free of charge in the following cases:
- obtaining land by agreement with the municipal authorities. After 5 years of use (for farming) it is possible to register the land in the property;
- experts in priority areas for the region. On land you can conduct subsistence farming or to build a house. Free earth registration is possible through 5 years of residence in the region and job specialty.
- large family (with three or more children). One of the parents can get an allotment to build a house.
Common case of free acquisition of land is a gift or inheritance.
The first steps
Purchase villas you need to carefully plan. Choosing the right object is, perhaps, the most difficult stage. To facilitate this it is important to pay attention to the following points:
- Whether the buyer is spending time at the cottage in winter. Respectively, matter the system of heating in the cold period.
- The possibility of registration of residence in the country, if necessary. This task facilitates the location of land within any settlement.
- Transport. Most often the family to the suburbs leaves the car. But the presence of country public transport makes the country a more attractive array. Therefore deciding, where to buy a cottage, you need to consider the itinerary, from a city apartment, the likelihood of traffic jams, the proximity of bus stops.
- The General condition of the site. Of importance here are not only square, but the shape of the land. There are requirements of the building regulations, according to the minimum distance from home to the streets 5 m, and the remoteness of adjacent land – not less than 3 m. Besides, we need to consider the probability of flooding of the site (eg, while in the lowlands). The proximity of industrial facilities also affect the cost of cottages, after all, the purpose of buying a vacation in the fresh air.
- it's desirable, to have a communication. option, where water is available only in the evenings, unsuitable for a permanent stay in the country.
- The condition of a country house. certainly, the buyer will try to bring construction back in order, giving the building an attractive appearance. For the average person, deficiencies in the design can be invisible, so the best option is to invite to assess the villas specialist, possibly, a friend of the Builder.
Civil code legally establishes the procedure for the sale of suburban areas:
- Requirements to registration of the agreement of the parties (Article. 549-557 GK OF THE RUSSIAN FEDERATION).
- The transfer of ownership (Article. 218 GK OF THE RUSSIAN FEDERATION).
- How is the calculation between the parties to the contract (P. 5 Article. 488 GK OF THE RUSSIAN FEDERATION).
The land code also sets some rules.
To title documents can be assigned: the contract of purchase-sale of villas, the certificate of inheritance, the decision of the administration to allocate a plot. Supporting document: certificate of state registration of ownership of or an extract from the egrn.
On the website services, you can find the full list of documents for registration.
The documents for the land
Easier to use the services of realtors. it, certainly, simplifies the process of scanning documents. However, to buy a cottage without intermediaries is quite real, you just need to follow the instructions.
Legal advice will cost less than the services of the company for the sale of real estate and will allow you to compile the list of documents for each individual case.
First of all you need to conduct a survey of the site. After the adoption of the law of the Federal law №93 "On amendments to some legislative acts of the Russian Federation for the issue of a simplified procedure the rights of citizens on separate objects of real estate" and the introduction of the "dacha Amnesty" this procedure has become optional.
But the survey will allow you to correct inaccuracies in the documents on the size of the land. And in addition, allow to defend their rights, if the neighbors will break the boundaries of.
To do this, we invited experts with special equipment.
The best option of dispute settlement is to sign the agreement on borders of sites.
The survey consists of 3 steps:
- Documenting borders.
- check in.
Following a binding document – the certificate on property (pink or blue). There should be information on the use of land and its purpose. The land code set, that cottage may be located only on the lands of settlements or land, designed for agriculture. Other categories (water, forest Fund, for placement of special objects and some other) not used for country files.
Cadastral passport will be required, if the certificate is out of date. Prepare documents in the state real estate cadastre. After receiving the document to be legitimate all the operations at the country site. In a cadastral passport for submitted data:
- Name of owner;
- cadastral number;
- type of ownership;
- the area and cost of land;
- use and purpose.
Documents for construction
On any structure on the territory of the suburban area also needs to be documents. Often there are times paperwork only on the ground. To obtain the documents independently according to dacha Amnesty (extended to 2018 of the year). Difficulties may arise in connection with the duration of the procedure. Besides, you can buy a cottage with such buildings, which do not fall under the simplified scheme.
What documents will also need, to buy a cottage from the owner:
- cadastral and technical passport of a building. BTI provides the documents within 1 months after the application;
- extract from the unified state register;
- document about absence of debts in the gardening Association (receipts for the prior periods);
- decorated with the participation of the notary the consent of all owners on the sale of the property. For divorced spouses have an agreement about division of property (if the divorce has not passed 3 years old);
- copies of passports.
If the transaction is not the owner of the cottages, you need to issue a power of attorney at the notary. To check the validity of this document easily via the Internet in the Registry of powers of attorney. Appeal to the notary for the preparation of the contract, verification of documents. For a buyer, there are additional guarantees for the reliability of the transaction. The question of payment for such services is decided by mutual agreement, usually on the basis of the cadastral value of the object.
The garden book – a document only confirms the membership of the SNT. It is not considered a document of title, therefore, the deals on it are not.
Verification of documents, available seller, to avoid additional expenses on independent receive them. What to do to the buyer? Or give time for the seller to obtain missing documents, either negotiate lower prices and to obtain a construction permit and the act of entering the building into operation.
Buildings, built after registration of the main house, issued in a judicial order.
The stages of the transaction
Step by step instructions when buying land:
- Conducted personal inspection of the object, documented deficiencies. This stage is reached a verbal agreement with the seller.
- Preparation and checking of documents.
- Before signing we study the extract from egrn regarding the possible existing encumbrances.
- At a cost suburban area to 400 000 rubles, usually paid a small amount, no more 30 000 rubles as an advance payment or Deposit. The difference in the concepts lies in the following: the Deposit must be returned upon failure of any party to the transaction. The Deposit is the seller leaves himself, if the buyer refuses to buy a cottage. If the seller violates the agreement, he is obliged to repay the buyer twice the.
- The signing of the contract, making the act of transfer and acceptance.
- Registration of the transaction.
- Cash settlement.
- Change of ownership.
The contract of sale is in writing and signed by the parties to the transaction (Article. 550 GK OF THE RUSSIAN FEDERATION). This document should be a cadastral number, square footage and home, the absence of claims by third parties.
The required structure of the contract includes the following sections:
- The introductory part. Refers to the subject of the contract, where and when is the deal, General information about the parties to the transaction.
- The main part.
- The final part. Information about each side of the transaction with the signatures.
All the information about the terms of the transaction prescribed in the main part of the contract:
- right, as well as the responsibilities of the seller and the buyer;
- the deadline of the agreement;
- the amount of the purchase of the cottages and the procedure for calculating;
- conditions for termination;
- collateral and other conditions.
In addition to the contract, issued an act of reception-transmission. This document spells out the basic characteristics of the object, how will be, additional documents for the new owner, fixed the lack of claims on the General status of the site and the house. Contract and certificate signed in triplicate: seller, the buyer and one copy for the Federal registration service.
Possession of land may be carried out when signing the contract or after the state registration. This will depend on the risk one of the parties in the event of damage to or destruction of property.
The next step is payment. This can be done in different ways:
- a Bank transfer to a Bank card;
- transfer between accounts;
- to buy a cottage using a cell in the Bank. This is the least risky for the buyer the option. In terms of the contract need to specify, the seller gets money only after registration of ownership the new owner.
Usually the parties agree that, what amount to specify in the contract. Depends on this tax with the seller.
When the amount for giving in full received by the seller, the next step is an appeal to FSHR cadastre and cartography, this institution registers the contract. Specialist of the state institution shall verify. If there are no comments, buyer receives the registered contract and certificate of ownership.
A regional address management of Federal registration service easy to find on the Internet.
Is it possible to buy a cottage with the help of maternity capital? An experienced lawyer will help to arrange the suburban area as a residential facility. On 2018 year for the use of the parent capital building must have a Foundation, conditions for accommodation all year round and the location in the city.
Often there are some legal issues, eg, regarding documenting villas:
- The lack of documents, the so-called squatter. This complicates the search for buyers. Is recommended to issue the right of ownership, and then sell. As an option ‒ to pass the simplified procedure under the law on "dacha Amnesty".
- The sale of the unfinished building, which may be deemed illegal. The new owner in court may be required to demolish such buildings.
- Privatized property. This fact means, that the owner of the cottages is considered to be SNT or DNT. The new owner will not be able to obtain the right of ownership. It, certainly, can buy a house cheaply and will use the cottage as a community member. But after exiting the cooperative will lose the right to property.
- The availability of debt. Unpaid invoices are issued to customers giving. This can be avoided, include a contract clause on compulsory payment of debts of seller. In this way, created warranty and the right not to pay old accounts.
Buying on the installment plan – one of the options to buy a house. The cost is paid by parts. Used traditional scheme, but the agreement includes: the total price of the object, the monthly fee, the calculation, what is the term given installment, use of the land until full repayment of the cost.
Legal registration of the cottages is carried out by registration of the contract and certificate specifying the rights of the new owner. When the amount has been paid in full, shall document, abolishing all restrictions.
The compliance schedule will protect from fraudulent schemes, when the seller stops communicating or dramatically increases the agreed price. With the same purpose, you need to document all calculations.
Another option is to buy a house to execute a mortgage. Standard procedure. However, not all banks provide mortgage loan for such a purpose. Too high risk of no return of the amount received. This is related to higher rates compared to the mortgage on a house.
Risk and insurance
Most of the risks borne by the buyer. It is necessary to detect and prevent attempts of fraud of the seller. for example, the absence of the original papers on the suburban area should be alerted. Because participation in a questionable transaction could result in the loss of not only money, but bought villas.
Giving the seller can show the buyer:
- Document, issued after 1998 years or extract from the egrn. The buyer has the right to apply for a new statement in the MFC. Because the site of receipt of the document could be sold, laid, arrested.
- Certificate of ownership, issued prior to 1998 year in the absence of discharge from the egrn. The buyer is risking much in this situation. Only after the confirmation of previously existing rights of property and of any object in the registry, you can negotiate further.
- The court decision, the certificate of inheritance, the agreement on the division of property. In any case, the information should be entered in the register.
The conclusion of the contract with the insurance company – is an optional procedure. Insurance is designed to cover damage from flooding, fire, explosions of household gas, theft and other risks. Property insurance provides small contribution (0,4% of the total amount of giving to buildings of brick and order 0,6% for wooden buildings).
To choose the most suitable option, need to get information about the different insurance companies, to compare the conditions for contributions and payments, to consult with experts.