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Or a piece of land in the Russian Federation is not so difficult, but it is extremely important when making such transactions to comply with all the rules and requirements of the current legislation. In addition to where and what documents need to be submitted, there are also a number of smaller, but no less important aspects in carrying out real estate purchase and sale activities.

The most interesting question concerns the cost of drawing up a contract, which includes mandatory payments to the state treasury and notary services. About how much the house costs and about other aspects of the transaction, read below.

The contract of sale of a house is an important document

Before considering the process of drawing up a contract and its cost, let's briefly review the general procedure for the activities carried out during the purchase and sale of real estate. The first thing worth noting is the need to apply to a special state body - Rosreestr, which is responsible for registering real estate for new persons when it is donated, sold and otherwise transferred for permanent use as an owner.

The legislation of the Russian Federation regulates the possibility of drawing up an agreement in two forms:

in writing, not certified by a notary, but only in the case when there is a complete donation of property;
documentary form with mandatory notarization of the transaction in all other cases of transfer of property.

When contacting Rosreestr with the first type of contract for the sale of a house, it is only necessary to pay for the re-registration of property to another person. The implementation of a transaction with notarization will require large expenses, which include both the payment of a fee to the state and the payment of notary services.

Many people think that by working with a notary, you can completely protect yourself from any risks when transferring property to a third party, but this is not so. To date, you can access the necessary information during re-registration in the same Rosreestr by paying a small fee. In a government agency, any person can be provided with registration data for certain real estate if he is involved in a transaction for the transfer of such.

In fairness, it should be noted that working with a notary is simpler and not problematic when carrying out all the necessary procedures for a transaction. It is important to remember that before drawing up a contract of sale, it is also necessary to collect some documents and conduct a correct assessment of the value of real estate.

Registration of the agreement

A lawyer will help you draw up a contract for the sale of a house

Making an agreement for the purchase and sale of a house consists of a number of procedures. First of all, this is the implementation of the following preparatory measures:

Mandatory consultation with a lawyer on issues that are interesting or not clear to you.
Next, it is necessary to check all title documents for the property involved in the transaction (house, apartment, share of the apartment, etc.).
It is equally important to check the property for the so-called purity of the transaction, by contacting special authorities and obtaining all the information about the property.
The last stage of preparation is the collection of the necessary list of documents (copies of the passports of the participants in the transaction, papers confirming the right to own property, documents for the house, etc.).

After the contract of sale of the house is drawn up in the correct form, the main activities are carried out, or rather:

between the two parties to the transaction, if necessary with the participation of a notary.
Transfer of all necessary papers to the Rosreestr at your place of residence.
Obtaining a valid contract from a government agency, which indicates the successful completion of the transaction.

Depending on the individual characteristics of each transaction for the sale of real estate, the process of drawing up an agreement may vary, however, the above fully reflects the general procedure for all cases, which should be followed.

To obtain the greatest possible guarantee that all procedures in the transaction will be carried out without violating the laws of the Russian Federation, it is advisable to consult with a professional lawyer at all times.

The cost of signing a contract for the sale of a house

The cost of a home sale contract depends on various factors.

As noted earlier, the cost of drawing up a contract for the sale of real estate largely depends on the form of the agreement. If the document is drawn up in the usual, not notarized written form and this complies with legislative standards, then you will only have to pay (usually from 2,000 to 6,000 rubles).

Making a deal with the need for notarization is more expensive. Any notary charges a notary fee established by the legislation of the Russian Federation, which is a kind of state duty. Its dimension is regulated by the Tax Code of the Russian Federation and the articles on the “Fundamentals of Notary Legislation”. The notary fee depends on the value of the contract and is:

up to 1 million rubles - 1% of the transaction amount (the minimum is 30,000 rubles);
from 1 million rubles to 10 million - 0.75% of the transaction amount and 10,000 rubles;
more than 10 million rubles - 0.5% of the transaction amount and 77,500 rubles.

In addition to the obligatory notarial state fee, a fee is also charged from the notary and for his services related to the legal and technical aspects of drawing up a contract. Depending on the qualifications and professionalism of a notary, the cost of this type of service can vary widely. The average amount in Russia paid to notaries in such cases ranges from 3,000 to 9,000 rubles. However, the larger the transaction, the larger the cost of notary services may rise.

To the final amount of the notary's tariff and the cost of the services of the notary himself, insignificant expenses are often added for the execution of powers of attorney (about 2,000) and for the office (up to 1,000). Thus, in order to register real estate with notarization, you will need at least 10,000 rubles.

Additional nuances of the transaction of purchase and sale of real estate

The contract of sale of the house must be executed correctly

Understanding the essence of the execution of the contract and determining its cost is not always enough for the correct execution of the transaction, even if it is carried out with a lawyer. Each party involved in the transfer of rights to property needs to know some of the legislative nuances of such a process. Don't overlook things like:

Ownership by the seller of the property being sold (house, apartment, etc.) for less than 3 years requires him to pay a tax rate of 13% of the transaction amount after the sale.
After the re-registration of ownership rights to the property, all tax liabilities regarding the acquired property are completely transferred to the buyer, which should not be forgotten.
If during the process of drawing up the contract any documents were not provided, then this could end badly for both parties. Buyers suffer most often, as their right to own property in some cases can be challenged in court by unscrupulous sellers.

The most important nuance of conducting any transaction under a sales contract is the correct observance of all legislative aspects. Therefore, if you are not sure of your legal knowledge, it is better to carry out all procedures for a transaction with a professional lawyer.

In general, to arrange and determine the purchase and sale of a house is moderately simple, but extremely responsible. It is important to understand that throughout the entire transaction it is necessary to comply with all legislative norms and rules of the Russian Federation. Otherwise, a number of problems may arise that adversely affect the participants in the transaction.

The video material will acquaint you with the contract for the sale of a residential building and a land plot:

Buying a house with a plot of land is accompanied by large financial investments and various risks. An important part of the transaction for the purchase of real estate is the conclusion of an agreement between the parties. Proper drafting of such an agreement and compliance with the procedure for concluding and registering a transaction will help to avoid financial losses.

Purchase and sale of a plot of land with a house

The purchase of a land plot with a residential building is understood as the transfer of ownership of this property from one owner (seller) to another (buyer). Features of transactions for the purchase of residential real estate with a land plot are regulated by the following laws:

Land Code (LK RF);
Civil Code (GK RF);
Law No. 218 "On state registration of real estate" .

You can sell only land plots that have a cadastral number and are not withdrawn from circulation. An extract from the USRN for a residential building will help the buyer make sure that the house is not an unauthorized construction. It is also important to consider that buying a house without a land plot under it is impossible (clause 4, article 35 of the Land Code).

Alienation of the land with the house takes place simultaneously, and the parties conclude one contract, which specifies the parameters of the house and the area under it.

Step by step instructions for registration

the right of the selling party to buy back the property with the land at will;
restriction of the buyer's rights to use real estate;
removal from the seller of responsibility in case of discovery of hidden rights of third parties to real estate.

Disputes are subject to resolution through negotiations and c. In the "Price" section, the payment method is also indicated: in cash, by transfer to a current account, etc.

Payment of state duty and encumbrances

The fee for registering the transfer of rights is 350 rubles, additional conditions indicate which of the parties to the transaction pays for it. Payment is made in any bank or through the website of the State Services.

If the property being sold is burdened with tax or utility debts, the parties also agree on who pays the debts. If the debt is paid by the seller, then the amount of all debts is deducted from the transaction price.

Registration

In order for the buyer to enter the house and land, the purchase must be registered with Rosreestr (clause 1 of article 551 of the Civil Code). For registration purposes, the buyer and seller, after signing the contract, must apply to the local branch of Rosreestr with the following documents:

copies of passports;
three copies of the signed agreement;
paid duty receipt (350 rubles);
registration application.

The application is issued by Rosreestr employees and filled out on the spot. It specifies:

Full name and passport details of the buyer and seller;
the date of the transaction;
description of the objects of the transaction (house and plot).

It should be remembered that if one of the subjects of the transaction evades coming to Rosreestr to register the sale of the land and the house, the other subject has the right to go to court and demand the forced completion of the registration. The plaintiff also has the right to demand compensation for losses caused by the delay from the evading subject of the contract (paragraph 3 of article 551 of the Civil Code).

The result of registration (7-10 days) is the entry of information into the USRN about the new owner of the site and house specified in the contract. To prove ownership, the buyer can order an extract from the real estate register, as permanent paper certificates (“green paper”) have been canceled since January 1, 2017.

The transaction for the purchase of a land plot with a house is carried out by drawing up and signing an agreement, followed by registration with Rosreestr. In order to avoid losses or invalidate the transaction, it is necessary to carefully check the documentation for the alienated real estate and prescribe in the contract all the possible nuances of the transfer of payment and real estate.

Almost every one of us has faced in his life with the need to make real estate transactions. Most often, apartments are the subject of a transaction, so almost all the townsfolk already more or less roughly imagine this procedure.

It is a completely different matter when a house is sold or bought together with a land plot: a country cottage, a summer residence or a private residential building within the city.

Such transactions have a lot of features that must be taken into account without fail even before signing the contract of sale. Otherwise, the risk of adverse consequences may not be avoided, ranging from the refusal to register the transaction by Rosreestr and ending with the recognition of the transaction as invalid in court. Therefore, it is necessary to understand all the subtleties.

Of course, you can seek help from professionals - realtors or lawyers. But really qualified specialists estimate their services quite expensively, and the seller will have to pay for them out of his own pocket. The same performers who demand a modest remuneration, with a high degree of probability, may turn out to be scammers or half-educated people who either will not perform the work already paid for at all, or will perform it in such a way that the participants in the transaction cannot avoid all the risks.

Practice shows that not all sellers and buyers turn to specialists, preferring to make a deal on their own. And for this you need to figure out all the intricacies on your own, which promises a huge loss of time, we will help you save it.

Features of selling a house with a land plot

Let's first take a look at the points, what is so unusual in transactions with this kind of real estate.

The house and the plot are two different real estate objects. Each of them has its own individual cadastral number, and they are subject to different accounting in the USRN (Unified State Register of Real Estate);
both real estate objects - both the house and the plot - must have independent documents confirming the seller's ownership. The presence of a complete set of documents for only one object does not automatically mean that the second object is properly executed. Therefore, legal examination of documents must be carried out both in relation to the house and in relation to the site;
the house and the plot are connected by a single legal destiny, so their sale will be carried out simultaneously. And for both real estate objects, one general contract of sale will be drawn up;
The land plot must be put on the cadastral register without fail. Otherwise, the registration authority (Rosreestr) will refuse to register a transaction with such a site. This is due to the fact that plots that are not put on the cadastral register, from 01/01/2018, begin to be considered free lands. Although the owner retains documents for his site, and in the understanding of third parties, he continues to be the full owner. But in reality, the right to dispose of plots that are not put on the cadastral register passes to the state represented by the relevant local governments. This means that any transactions will become impossible for the owner;
in order to put the plot on the cadastral register, as mentioned in the previous paragraph, the owner must first conduct a land survey. As a result of this procedure, the area of the site and the location of the boundaries are specified. Surveying is not just a formality, but a really necessary action. After all, in the process of its implementation, facts of imposing different sections on each other or disagreement of neighbors with the now defined borders may be discovered. And such disagreements are usually resolved in courts. Therefore, if you buy a site with a land survey already carried out, this immediately relieves you of some serious risks;
If you are buying a relatively newly built house (after January 1, 2017), then you need to pay attention to the following points. For cadastral registration and registration of ownership of garden and country houses, garages and baths, outbuildings, i.e. those objects that are not objects of capital construction, the owner only needs to have a technical plan.

If the house you are purchasing is an object of capital construction (that is, it is not temporary and its capital foundation is firmly connected to the ground), then from March 1, 2018, the owner must have an act of putting it into operation. And for this he still needs to issue a technical passport.

So, you got an idea about the main features of the design of residential buildings and plots. And now it will be much easier for you to understand what documents are needed to buy a house with a plot. In our company you can order construction of brick cottages.

Required documents to be provided by the seller

The seller must have the following documents that are necessary to complete the transaction:

1. A document certifying his ownership as a house, and on the ground (two different documents!). It is important to remember that since July 15, 2016, certificates of registration of ownership have been cancelled.
Now confirmation of the registered rights to real estate is an extract from the USRN. It is easy to order it, including with the help of numerous electronic services. To order, you just need to know the cadastral number of the object.

Note! Since the extract contains a wide range of information, it can be used to find out not only the owner, but also the exact area, the presence of registered encumbrances (easement, rent, the presence of red lines, arrest, etc.), the date of assignment of the cadastral number, the category of land and types of permitted use, coordinates in the X and Y axes, which will unequivocally confirm the fact of the land survey.

2. Base documents on which the seller himself became the owner of his property. They may be different. To find out about them, the buyer just needs to study the extract from the USRN. It will necessarily indicate on the basis of which documents the seller acquired the house and land. And the originals of these documents must be requested.

3. Technical plan for non-capital construction projects built after January 1, 2017

4. Technical passport and act of commissioning for a capital construction facility built after March 1, 2018.

5. Land surveying for a land plot. But it may turn out that the survey was carried out by the previous owner and did not transfer the survey to the next owner, who will already sell the property to you.
The very fact that the current owner does not have a boundary case should not scare you. The main thing is that the site be put on the cadastral register, and an extract from the USRN reflects its coordinates in the X and Y axes.

6. If the house being sold has the status of a residential, then the owner must provide an extract from the house book on the absence of persons registered in the house at the time of the transaction.
If you buy a house with registered persons (for example, they have nowhere to register until they buy new housing with the money received from you), then, firstly, the exact list of all registered persons must be indicated in the contract of sale, and in secondly, the same contract must contain the seller's obligation to remove all his relatives from the register within a strictly defined period.
But still, it is not safe to make transactions with such conditions. Because if the seller fails to fulfill his obligation, you will be forced to write out his relatives in court.

7. Certificate of no debt for all utilities and, if the property is located on the territory of dacha or gardening partnerships, then also a certificate of the absence of debts on contributions to these partnerships.
Of course, by law, the new owners do not have to repay the debts of the previous owners. But in practice, resource-supplying enterprises very often begin to demand payment of old debts from new owners.

8. If the house and land you are buying are registered to only one spouse-seller, but relate to the joint property of the spouses (i.e. acquired during the marriage and were not received by any of the spouses under a gratuitous transaction (donation, inheritance, privatization, etc.)), then the second spouse must necessarily have a certified notary consent to the transaction.
Without this consent, Rosreestr will most likely refuse to register the transaction. And even if his specialists overlook this moment, then subsequently the second spouse has the right to challenge the entire transaction in court. And the court quite rightly cancels it completely.

9. If the owner of the house and plot (or share in it) is a minor child, then the seller must also obtain consent for this transaction from the guardianship and guardianship authorities.

10. Passport. The original passport will be required at the time of the transaction in Rosreestr. But you must also make sure in advance that it is the owner in front of you, and not an impostor.
Therefore, if you sign a preliminary sale and purchase agreement with the seller with the transfer of a deposit or an advance payment agreement, then be sure to request a passport from the seller in advance. Under no circumstances should you sign documents with an unidentified person!

11. If the interests of the seller are represented by another person, then he must also have a properly executed general power of attorney and a passport.

Please note that transactions under a general power of attorney are in a high risk area. It may turn out that the representative did not agree on the price with the owner, and he will subsequently begin to demand the cancellation of the transaction. And even worse, when the power of attorney is issued by an elderly person who did not understand at all that he was issuing such a serious document to another person. Then you came across black realtors. Therefore, the issue of a power of attorney should be taken especially carefully and understand why the owner did not want to personally take part in the execution of the transaction.

Documents for registration of the purchase of a house and a plot provided by the buyer

The buyer needs a much less extensive package of necessary documents and these are:

1. Of course, the passport.

2. If the house and the plot are acquired by only one spouse, then the second spouse must have a consent certified by a notary to complete this transaction. The consequences are the same as in the absence of the consent of the seller's spouse: refusal to register or, if registration does take place, the possibility of recognizing the entire transaction as invalid.

3. State certificate for maternity capital, if the house is purchased using funds from the Pension Fund.

4. A power of attorney, if the buyer trusts another person to make a transaction on his behalf.

What else should a buyer remember when buying a house

Notarial certification is required if:

the house and the plot (or one of them) are in shared ownership;
if they belong to a minor or a person with limited legal capacity.

In other cases, the participation of a notary is at the discretion of the parties.

In some cases, it is not enough just to sign an agreement between the seller and the buyer, but it is necessary that it be certified by a notary.

Also, if there are any restrictions on the plot and the house (they must be reflected in extracts from the USRN), then they must be listed in the contract of sale.

It often happens that there is a house on the site, but it is not registered by the owner as a property. If you agree to purchase such real estate, you must understand in advance that you will most likely be able to register such a house as a property only through the courts. And this process will be long and troublesome.

In addition, buying a plot with a "non-existent" house, you will not be able to receive a property tax deduction. After all, the deduction is provided only when buying a residential building.

What documents are required for tax in order to receive a property deduction for personal income tax:

the passport;
declaration in the form 3-NDFL and an application for a tax refund;
an extract from the USRN confirming that you have acquired ownership of the house;
a contract of sale and receipts certifying the amount of your expenses for buying a house;
certificate 2-personal income tax, confirming the fact that you paid tax on personal income. persons.

What documents are needed to buy a house with maternity capital

A house with a plot can also be bought with maternity capital. But it must be a residential building, not a garden or country house. And you will not be able to purchase a share in the ownership of the house with the funds of maternity capital. But only the whole house (of course, having allocated a share in it for your children when buying).

The contract must provide for deferred payment. Because the Pension Fund transfers money to the seller only within two months after the transaction. And not every seller will agree to this.

The depreciation of the acquired house should not exceed 50%. Such a restriction was introduced by the Pension Fund to prevent fraud in cashing out maternity capital funds.

In order to receive the coveted certificate for maternity capital, it is necessary to apply with a corresponding application to the Pension Fund and indicate the purpose of using the money - to improve housing conditions. And when the certificate itself has already been received by you, then you will need to re-apply to the Pension Fund with an application for the disposal of maternity capital funds. And provide a contract of sale for a house that has passed registration, in which there will be allocated shares for your children.

There are risks involved in buying and selling. These risks are doubled when buying a house with a land plot (PL), since in this case two properties are bought and sold.

Legislation

When buying a residential building with a land plot, it is necessary to take into account various articles of legislation.

In particular, articles 273.549-556 of the Civil Code, article 35 of the Land Code, Law No. 122-FZ, as well as a number of articles of the Tax Code are devoted to the issues of such a transaction.

How to buy a house with a plot of land in the property?

Cash settlement is best done in front of witnesses. This may be a realtor, a notary, or an employee of a bank that uses a depository. At the same time, the bank always has the opportunity to check the authenticity of money. At the end of the transfer of money to the buyer, it is desirable to receive from the seller a receipt for receiving this money.

After the settlement, the parties sign the contract and the acceptance certificate.

Registration

In order for the sale and purchase transaction to become legal, it is necessary to register the transfer of the right to a memory with a house to the buyer at the Rosreestr branch.

In this case, the following documents are required:

statement;
agreement;
the passports of the participants in the transaction. When participating in the process of an authorized representative of the party, a notarized document with the necessary authority must be presented;
extract from the register;
cadastral passport;
act of acceptance and transfer;
receipt for payment of state duty.

In principle, a receipt for payment upon registration is not required. But in the absence of payment data in the payment database, registration documents will not be accepted (Article 16, clause 4 of Law No. 122-FZ)

Documents for registration of the transfer of ownership can be submitted personally by the applicant or his representative, by mail or via the Internet.

State registration must be completed within 10 days (Article 13, Law No. 122-FZ). Based on the results of registration, the applicant is issued an extract from the USRR. It may also be transmitted electronically.

Paying taxes

If the seller of a landfill with a house has owned this property for less than 3 years, then he will have to pay personal income tax on the income from the sale, which is 13%. At the same time, he may have a tax deduction (≤ 1 million rubles). Instead of receiving a deduction, the seller may reduce his taxable income by the amount of his costs of purchasing the LU with the house.

The buyer can also receive a deduction (Article 220 of the Tax Code) in the amount of costs (≤ 2 million rubles). From the moment of registration, he becomes the owner of the sold land with the house and from that moment will be required to pay the corresponding.