Est-a-Tet Leading Legal Advisor Yulia Dymova answers:
You need to know the category of land and the type of permitted use. From the seller you need to receive a certificate from a psychoneurological and drug addiction clinic, title documents, an extract from the house register, a technical plan for the land plot, a cadastral passport.
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What should I know when buying a dacha in SNT?
Lawyer Svetlana Ivanova answers:
When buying a house in the village, risks can come from both the party to the contract and from third parties. In order to maximize the safety of your investments, you need to study information about the object.
First of all, you should pay attention to the category of land and the types of its permitted use, since not all of them allow the construction of houses on the site. Secondly, check the information about the cadastral registration of the property, without which it will not be possible to buy a plot of land. Thirdly, inquire about the registered rights to the object, so as not to become a victim of scammers. Fourth, find out how free the object is in circulation by requesting information about arrests, prohibitions and encumbrances.
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When checking documents, you should remember that the house and the plot are two separate pieces of real estate. That is, for each of them the following is required:
- certificate of state registration of rights;
- the document on the basis of which the seller acquired the property (agreement, certificate of ownership, right of inheritance or other document);
- BTI passport;
- extract from the cadastre;
- extract from the Unified State Register of Real Estate.
If the house and land were acquired by the seller at the expense of the common property of the spouses or with the provision of a share to a minor, the transaction must be accompanied by the consent of the spouse or the guardianship and trusteeship authorities to conclude it.
Experts from the Federal Cadastral Chamber, together with RBC-Real Estate and lawyers, figured out the intricacies of this topic
Dilapidated, ownerless houses are a fairly common occurrence in cities and even more so in dacha communities or villages. Owners of neighboring houses may want to register such buildings for themselves. Moreover, this desire is absolutely legal.
How to register an ownerless house in your name? RBC-Real Estate, together with experts from the Federal Cadastral Chamber and lawyers, understood the intricacies of this topic.
What is an ownerless house and where to look for it
The nature of the occurrence of abandoned houses is different. For example, such real estate may arise if the owner died and the heirs abandoned the property, did not take ownership at the required time, or the owner had no heirs. A house can become abandoned because the previous owner moved away and left his property.
In Russia, as in many European countries, the largest proportion of abandoned houses are located in rural areas, sparsely populated urban districts or municipal areas. People migrate to big cities in search of better living conditions and leave their homes (sometimes difficult to sell in rural areas).
According to the Civil Code, a thing that does not have an owner, is unknown, or has been abandoned by the owner is considered ownerless (Clause 1, Article 225 of the Civil Code of the Russian Federation). A house whose owner is unknown or who has renounced ownership is called “ownerless” or “lost.” There is also the concept of “abandonment”. This is the name given to a house or plot whose owner is known or, as a result of a search, it was possible to identify him, but he does not take care of his property (explanations of the Cadastral Chamber).
There is no single list of ownerless residential buildings and land plots. However, a large amount of information can be found when ordering an extract from the Unified State Register of Real Estate (USRN), if the “lost property” is registered. The extract will help reveal information about the house, its owner and possible encumbrances.
There are several ways to become the owner of an abandoned house. For example, find the owner and buy the property, purchase an “abandoned” property at auction from the municipality, or own an openly abandoned house for 15 years and subsequently become its legal owner. Let's talk about these options. Registration of an ownerless house. Instructions from the Cadastral Chamber
Step 1. Finding the owner and collecting information about the desired home
First of all, it is necessary to identify the owner of the house. If the site with the house is located on the territory of a garden partnership (SNT), you should first contact its chairman. Perhaps through it you will be able to find out the address and cadastral numbers of the house and plot. You can add high technology to your search. For example, try to find the cadastral numbers of a land plot and a house on a public cadastral map or by requesting information contained in the Unified State Register of Real Estate.
If it is unknown whether a homeless house is located in the SNT, you should contact the authorities authorized to issue a construction permit at the location of such a house. There, they may be able to help you find out who was issued permission to build the house you are interested in and, accordingly, provide information about the alleged owner of the house.
Option 1
When the owner of the building has been found, he will be able to transfer his property to you only through a civil transaction, most likely, under a purchase and sale agreement. But before this, you need to register the house in the cadastral register if information about it is not available in the Unified State Register of Real Estate.
The Land Code establishes that the fate of a land plot and objects firmly connected to it are the same. This means that it is more expedient to register ownership of this property, as well as its purchase, simultaneously with the purchase and registration of rights to the plot on which such a house is located.
Option 2
If the owner remains unknown, but you find out that the land plot under the house is located in SNT and is not registered in the Unified State Register of Real Estate, you need to contact the municipality again and proceed to the next stage.
Step 2. Submitting an application for ownership or lease of an abandoned site
To register it as property, you must submit an application to the authorized local government body to register the “owner” (we are talking about a capital construction project).
Within 15 working days from the date of receipt of the application and documents, the house will be entered into Rosreestr and a notification will be sent to you. If the site still has an owner, but the property was registered due to his abandonment of ownership, then he will also receive a notification.
Step 3. Appeal of local authorities to court
From the day the ownerless house is registered by the registration authority, you must wait a year - during this time its owner may appear. If this does not happen, then the authorized local government body can go to court and recognize ownership rights.
If the property is located in cities of federal significance: Moscow, St. Petersburg or Sevastopol, the executive authorities of these regions must apply to the court to register the ownerless property and then go to court. In all other cases - bodies authorized for state registration of rights to real estate, upon application of the local government body on whose territory the real estate being registered is located.
Step 4. Conducting an auction for an abandoned plot
After the abandoned plots become the property of the authorities, they are put up for auction. To purchase them, you need to win this auction.
“There are a number of cases provided for in Part 2 of Art. 39.3 of the Land Code, when you can buy a plot with a house, including an ownerless one, without bidding. This right is, for example, available to members of the SNT, on whose territory the house is located, if the land under it is not intended for general use,” noted the Cadastral Chamber.
The winner of the auction is the one who offers the highest price. If only one interested party takes part in the auction, then the agreement is concluded with a single participant. Or such a plot can be leased by the municipality to a person interested in it, added lawyer Elizaveta Marilova.
Step 5. Taking ownership
The result of registration of the right will be a special registration inscription on the agreement and the issuance of an extract from the Unified State Register. On average, the procedure for registering ownerless real estate takes a little more than a year. Acquisitive prescription, or 15 years of open ownership
Another way to become the legal owner of an ownerless house is indicated in Art. 234 of the Civil Code and is associated with such a concept as “acquisitive prescription”. According to this article, a citizen can occupy an ownerless house and live in it openly. If no legitimate claimants to ownership have been announced for 15 years, then the new owner has the opportunity to become the formal (legal) owner of the property, explained Elizaveta Marilova.
But for this to happen, three fundamental circumstances must be met. First, there is bona fide possession. For example, maintaining the land, carrying out planting work, paying for utilities. Secondly, open ownership. That is, the new owner does not hide the fact that the abandoned property is in his possession. Third, continuity of ownership. This means that the person owned and used the ownerless house throughout the entire period of acquisitive prescription, that is, 15 years.
“Simply put, if a citizen lived in an ownerless house and in fact this house was his only home for 15 years. Owning an abandoned house begins with the first fact confirming it. For example, from paying for housing and communal services or carrying out repair and construction work,” the lawyer said.
“At the same time, ownership of property as one’s own means ownership not by contract. It is for this reason that Art. 234 of the Civil Code does not apply if ownership of property is carried out on the basis of an agreement,” added Asiya Mukhamedshina, a member of the Russian Lawyers Association (RLA).
You can become the legal owner of an ownerless house on the basis of acquisitive prescription by a court decision. To do this, a total of at least 18 years must pass. “It is necessary to add a three-year limitation period to the 15-year period, namely, you can go to court only 18 years after the start of ownership of the property,” said the representative of the Law Firm.
After a court decision recognizing the ownership of an ownerless house, the new owner can register the ownership in Rosreestr and dispose of it as the full owner.
Price issue
Expenses when registering ownerless real estate involve, firstly, payment of the state fee for registering ownership, and secondly, payment for:
— extract from the Unified State Register of Real Estate; — purchase or rental of an abandoned plot along with a house, if it is located there; — demolition of an abandoned house if the new owner does not need it; - construction of new facilities on this site, if the owner has such a desire.
There are also “ownerless” properties that need to be completed or invested in repairs. There may be additional costs for notary services when concluding an agreement and other costs.
Underwater rocks
A situation may arise when a person registered an “ownerless” property and registered the right to it, but the previous owner suddenly showed up. However, he claims that he did not receive notifications about transactions with his real estate from local authorities or did not know that his house was listed as ownerless. The former owner wants to challenge the new owner's right and evict him. This issue will have to be resolved in court.
The same applies to living in an abandoned house for 15 years. It must be taken into account that the owner of the house may appear at any moment and demand that you leave it. In this case, you will have to move out, because the resident has not yet acquired any rights to the house.
“If your physical 'investments' can be separated from your home and taken with you, then you can do it. It is possible to recover from such an owner the capital investments you made in the house (for example, in a situation where you prove that otherwise the house would have collapsed), but it is quite difficult. At the same time, you will have to confirm that you have done everything necessary to find the potential owner of the house,” the lawyer warned.
In general, when starting to buy out or register an abandoned property, you need to take into account that this procedure is quite lengthy and requires considerable investment.
Especially if the site and the house need serious care, repairs or even demolition. Such options are usually suitable for people who have an abandoned house in their neighborhood. In this case, the owner can expand his plot. But the main thing is to make sure that no one really needs the property. To avoid an unpleasant situation in the future. Photo: olegmorgun1311/shutterstock
