How to arrange the purchase and sale of a house with a land plot with a preliminary contract quickly and safely. The procedure for drawing up a contract for the sale of a house

The sales contract is the main contractual document during the transaction. A feature of such an agreement is that it obliges both parties to the transaction on favorable terms for each other. The seller undertakes to provide the buyer with his goods or product in the ownership of the goods or product in accuracy and without any kind of fraud.

The buyer undertakes to pay the exact amount for this product and take ownership of it. It is the contract of sale that is the most important document of the trade Constitution, on the basis of which the transaction is carried out. Moreover, it creates certain profitable terms both parties to the agreement.

This type of document belongs to the sphere of civil law and has a long century-old history.

The process of buying and selling a house with a land plot

The most valuable object that implements the contract of sale is the product itself. Therefore, in order for the terms of the transaction to be safely and guaranteed to be fulfilled, it is necessary to check the other party for legality and ownership of the goods, in our case, a house with land plot.

In order to verify the authenticity and legality of the transfer of ownership of the site, you must review the following documents:

  1. The owner of the site must have a cadastral passport of the territory. This document is the main one in this situation, since it is the cadastral passport that establishes the legality and ownership of land by a citizen.
  2. The second thing to check with the owner is whether he is the owner of the territory at all. Each owner has a certain certificate, proving legitimacy and ownership of land.
    But this case has its own nuances. It is necessary to verify the authenticity of all attached certificates, and in particular - a certificate for the right to register a land plot. It is issued in Rosreestr, and on the paper type there is a distinctive sign - the coat of arms Russian Federation.
  3. The owner must have a special extract from USRR, which confirms the owner's rights to this land. It is good if such an extract is taken immediately before the conclusion of the transaction in order to avoid conflict situations.

Nuances

In the process of signing a document on sale and purchase, there are a large number of nuances that you need to be prepared for in order to avoid conflict situations with opposite side and legislation.

Problems that may arise both during the signing of the document and after are divided into:

  1. Social- due to certain situations, you could not view the site that was discussed. What can I say, because even in particularly strict reporting sometimes there are errors, and even within one point. Therefore, for reinsurance purposes, it is best to clarify all the information you need with the owner of the land.
  2. Legal- sometimes the coordination of all normative documents does not reach the required level. Trust in the owner does not always lead to good consequences, and often this can also be expressed in the fact that you are left without a plot and without money paid for it. Most of nuances on the legal side is located in documents that are often false or rewritten to a different name of the owner.
  3. Natural- no one, except the owner, knows what problems are on this sold plot. Often, many of them are silent, so as not to scare the buyer from the transaction. This may be unfavorable soil, the composition and structure of the soil layer, proximity groundwater, frequent flooding areas. All these factors are only a small part of what can happen to the land you have purchased. Agree, such problems will be unpleasant news for the new owner.

Required documents

In order for Rosreestr to draw up a sale and purchase transaction, it is worth taking care of preparing the following types of documents:

  1. It is necessary to personally write a statement on the transfer of the right and ownership of the land plot to the buyer in the event of a transaction. Such a statement is written immediately before submitting documents to Rosreestr.
  2. The contract itself, written in triplicate. If this land plot was purchased during marriage, then a notarized agreement of both spouses for its purchase and sale is required.
  3. Original certificate proving ownership.
  4. Cadastral document for this land.
  5. Personal documents of each of the participants in the transaction, namely, a passport. If the document is submitted through an intermediary, then there must be a corresponding application, also certified by a notary.
  6. The act of transfer and acceptance of property.

In order for the process of purchase and sale to take place faster, it is necessary to pay the state duty in the amount established for each subject of the Russian Federation separately. This amount varies from 400 to 3000 rubles.

Contract of sale

The first thing to do after checking all the registration documents is to draw up the contract of sale itself. In this agreement, you must specify as much clarifying information about the property as possible. First you need to specify the exact address and location of the land plot, it is necessary to include in the contract a description of the price for this plot both before and after signing the contract.

Establish that the rights and ownership of this site after the signing of the contract will go directly to the new owner. For greater security, it would be best if the contract also contains the data of the owner himself - his last name, first name and patronymic, place of registration and passport data, as well as the series and number of the document confirming the owner's rights to the land plot (EGRP).

After preparation and careful negotiation of the contract by both parties, it is submitted to local government Rosreestr.

By the way, the entire contract should be drawn up in this type:

  1. Only in writing, otherwise it is not valid.
  2. The contract must be drawn up in 3 copies, which will be received by two parties (buyer and owner), as well as Rosreestr.
  3. The main conditions in this kind of contract are only its price characteristics and object.
  4. After the submission of all required documents to Rosreestr, as well as payment of the state fee, you need to get an extract from the USRR that the act was successful. It is noteworthy that the buyer can independently choose which document will prove his rights to the new land property. It can be either an act or a certificate.

The contract for the sale of land itself is as follows:

Land purchase and sale agreement

___________________________ "__" ___________ 20__

(place of conclusion of the contract)

_______________________________________________________________________

(Full name of the citizen, place of residence, passport data

or legal entity name)

hereinafter referred to as the "Seller", represented by _________________________________

(if the contract is

by a person authorized by the Seller, indicate the full name. authorized

___________________________________________________________________________

citizen, place of residence, passport data; if as

___________________________________________________________________________

Seller favors entity, indicate full name and

__________________________________________________________________________,

position of responsible person)

acting on the basis of __________________________________, on the one hand

parties, and _______________________________________________________________,

(Full name of the citizen, place of residence, passport details or

Hereinafter referred to as the "Buyer",

name of the legal entity)

represented by ________________________________________________________________________

(if the contract is concluded by a person authorized by the Buyer,

___________________________________________________________________________

indicate full name authorized citizen, place of residence,

___________________________________________________________________________

passport data; if the Buyer is

__________________________________________________________________________,

legal entity, indicate full name and position of responsible person)

acting on the basis of ________________________________ - on the other,

(charter, regulations, powers of attorney)

Subject of the Agreement

1.1. The seller sold and the buyer bought the land from the land

With cadastral number ______________, located at:

__________________________________________________________________________,

(subject of the Russian Federation, settlement, street, house, structure)

(permitted use)

within the boundaries indicated in the cadastral map (plan) of the Plot, attached

to the Agreement and being its integral part, with a total area of ​​___ sq. m,

belonging at the time of this Agreement to the Seller on the right

property on the basis of ________________________________________________

(details of the certificate of ownership

__________________________________________________________________________,

Seller for a land plot or other title document)

with located on it ___________________________________________________

(indicate buildings, structures, structures, on the site

___________________________________________________________________________

their characteristics; if buildings, structures, structures

__________________________________________________________________________.

absent, indicate this circumstance)

Documents for the sale and purchase of a part of a house with a land plot

There are also situations when not the whole house is sold or bought, but part of it, and such situations are not rare. We will now talk about how to select documents for such a question.

In general, the purchase and sale of a whole house with a plot is practically no different from a transaction with the purchase and sale of a part of the house. The set of documents will need to be collected the same as in the transaction with the whole house. The exception is the inventory of the territory (or area) that will be indicated in the contract.

You must specify exactly square meters future house sold or bought. In addition, the location of the rooms inside the house should be added in order to determine which part of it will be given into the ownership of the buyer.

Among the entire range of real estate transactions, the largest specific gravity deals with the purchase and sale of real estate. From correct design such transactions depends on the legitimacy of the buyer's ownership of the acquired property. It should be remembered that all contracts for the sale of apartments, houses and other real estate are subject to state registration and come into force from the moment of such registration.

To familiarize the users of our business portal, we give as an example type specimen contracts for the sale of a residential building.

Contract for the sale of a residential building (sample)

G.________________ _____________________________________

(date in words)

Gr. ____________________________________ , residing on _____________________________________ ____________________, hereinafter referred to as the Seller, and gr. __________________________________, residing on _____________________________________________________________, hereinafter referred to as the Buyer, have entered into this agreement as follows:

1. The Seller undertakes to transfer to the ownership of the Buyer a residential building located at: _____________________________________________, and the Buyer undertakes to accept the residential building together with the adjacent land plot and the buildings and appliances erected on it and pay

the stipulated amount for it.

2. The specified house consists of ________ rooms and utility rooms __________________________

The total area of ​​the residential building is ____________________ sq. meters, utility rooms ___________________________________________ sq. meters.

3. The house has a land plot of ______ hectares and the following buildings and fixtures ______________________________________________ (barn, toilet, cellar, well, outbuildings, etc.)

4. The house for sale is under arrest and is not pledged, the Seller's ownership of it is not disputed by anyone.

5. The total price for home ownership is set at ______________________________________ (in words) rubles.

6. All costs associated with the execution of the contract, the parties bear jointly, in equal shares (it is possible that the costs of the execution of the contract, including the state duty, are assumed by one of the parties).

7. The payment is paid by the Buyer within ___________________________ days after the execution of the contract in statutory okay. The fee is paid in a lump sum (an option is possible: in equal monthly installments no later than the __________ date of each month of payment). Final payment must be made no later than _____________________________

8. Payment is made according to one of the following options (at the choice of the parties): in cash, by transfer to a settlement account with Sberbank (in this case, the Seller's settlement account number, number and location of the Savings or other bank are indicated), by check, letter of credit and

etc.

9. The parties guarantee confidentiality of information relating to the amount of the contract and forms of payment under the contract.

10. To secure the agreement, the parties provided the following guarantees:

10.1. From the side of the Seller _________________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

(documents confirming the ownership of the house and the absence of claims from third parties).

10.2. From the side of the Buyer _______________________________________________________________

___________________________________________________________________________________________

___________________________________________________________________________________________

(documents confirming the ability to pay and the absence of legal obstacles to buying a house).

11. In case of delay in payment in the form of a lump sum calculation by more than ___________ on the part of the Buyer, the Seller has the right to consider himself free from obligations arising from this agreement. With a continuing form of payment, the Buyer pays a fine to the Seller in the amount of _________% of the amount not paid on time.

12. By agreement between the parties, a guarantee on the part of the Buyer may be a deposit made in writing. If the contract turns out to be unfulfilled due to the fault of the Buyer, the deposit remains with the Seller. In case of non-fulfillment of the contract due to the fault of the Seller, he returns it

Buyer double.

13. If, after signing and formalizing the contract, one of the parties refuses to fulfill it, then its responsibility is determined in accordance with the legislation of the Russian Federation.

14. When concluding this agreement, the parties were aware of the requirements of the civil legislation of the Russian Federation.

15. This agreement is subject to registration in a notarial order.

16. All disputes between the parties arising from this agreement are resolved in accordance with the legislation of the Russian Federation.

Made in _________ copies, each of which has the same force.

A copy of this agreement is kept in the files of ____________________ notary office in ________________, and ____________ copies were handed over to the parties.

Signatures of the parties:

Salesman _______________________________ ___________________________

(signature)

Buyer _______________________________ ___________________________

(signature)

Certification signature of a notary, seal.

How to properly purchase a house with a land plot in 2019? It would seem that this issue has been discussed more than once, and many people have come across such a deal. However, there are many nuances that can affect the outcome of the procedure. When buying a house with a land plot, it is necessary to draw up a contract, but the design does not end there. To formalize the purchase of real estate, it is necessary to prepare documents (on your own or with the help of intermediaries) and submit them to the state registration authority. Only then can we say that the design is complete. So, let's take a closer look at how to buy a house, how to get the paperwork right, and what you need to know? How much does it cost to make a sale?

The procedure for registering a house with a plot is standard and includes several stages, among which are:

  • Search suitable home and land;
  • checking whether the documents are available (this is a crucial stage, and therefore it is better to involve a specialist);
  • contacting the registration authority or other organization to draw up an agreement;
  • transfer of funds;
  • receipt of a receipt that the documents are accepted for registration;
  • issuance of a certificate of ownership.

Important! The individual decides how the purchase will be made. He can do it on his own or turn to intermediaries for help. When the procedure is completed and the buyer of a private house takes ownership, the old certificate is cancelled.

It takes about 2 weeks to produce and issue a new document. If all documents are drawn up correctly and there are no problems with the site, then the purchase and its further processing will occur on time. We figured this out, and now let's talk about what documents are required to complete the transaction. Their preparation should be treated with responsibility, since the absence of some kind of paper or the presence of an error will lead to the fact that the execution will be delayed.

Required documents

Buying a house with a plot of land is a fairly common transaction that citizens across the country make on a daily basis. It takes a certain amount of time to complete the documents, after which they must be submitted to the appropriate authority. The standard list of papers includes:

  • cadastral and technical passport;
  • real estate papers;
  • certificate form 9;
  • consent from persons who are registered in the house;
  • confirmation of the absence of a ban on the sale;
  • extract from Rosreestr.

Read also Does it matter to whom an apartment purchased with maternity capital is registered?

A cadastral passport is required only if the site was registered. If he does not have his number, then you need to get the appropriate confirmation. To do this, you must submit an application and receive an extract, where the necessary information will be indicated. As for documents not land, various papers are suitable here. This may be a certificate of registration of property rights, a deed of gift, a will, an agreement, etc.

If the house is residential and people are registered in it, it is necessary to obtain extracts listing all persons registered in the premises. Note that all property owners must agree to the sale. If there are no problems with this, then all tenants are obliged within due date check out. Violation of this requirement leads to compulsory discharge. The absence of debts is also mandatory, and therefore you need to get a certificate from tax service. Also, a certificate from Rosreestr can be an addition. When the contract of sale is drawn up, it is necessary to complete the transaction by registration. You need to have the following papers with you:

  • land documents;
  • contract;
  • act of acceptance and transfer;
  • confirmation of payment of state duty.

Quite often there are questions about whether it is necessary to obtain the consent of a husband or wife to perform such operations. To date, this is not necessary, but only if one condition is met. The spouses must become joint owners of this property. However, if in the future this land is sold, then it will be considered common, and therefore it will be necessary to obtain consent.

If the purchase concerns agricultural land, you will have to obtain additional documents. First of all, you need to get a paper confirming the category of this site. You also need to get a refusal to buy land by other applicants.

Confirmation of the fact of the transaction is the corresponding agreement. The contract of sale is a standard document that is drawn up for such transactions. Quite often, people resort to such tools as a preliminary contract, which fixes their desire for cooperation. In this document, it is necessary to provide for the main conditions under which the sale of a house with a land plot will be carried out. When it comes to drafting a sales contract, this document will be used as a base.

Read also Buying an apartment without a realtor: step by step instructions

As a rule, a preliminary contract includes the following items:

  • list of conditions;
  • personal data of the parties;
  • date of conclusion of the main agreement.

In some situations, a specific date is not given. In this case, it is generally accepted that 12 months are allotted for signing the main contract. If one of the participants changes his mind and does not wish to sign the contract within the specified period, then the transaction will not take place, and the preliminary agreement will lose its force. By the way, there is no need to register it somehow or perform other actions.

As for the main agreement, this is a fairly typical document. Nevertheless, it must be attributed to its compilation correctly, including all points. This paper prescribes various circumstances, the rights and obligations of the parties, and so on. If the parties want, then it can be given to a notary for certification. It is not necessary to do this, and therefore if the budget is limited, then you can simply draw up an agreement by putting your signatures on it.

Separately, we note the indication of the cost. In the contract, you need to add the cost not only of the total, but also for each individual object. For example, the price of a house, a plot and other buildings on it is written separately. It is recommended, in addition to the contract, to draw up an act that will confirm the transfer of real estate into the possession of the buyer.

Previously, we have already found out what documents are needed to process the purchase of a plot. Any transactions related to the purchase and sale of real estate must be carried out in accordance with applicable law. That is, in order for the house with the plot to be transferred to another person, it is necessary to apply with a corresponding application to the state body for re-registration. There are 3 options for this:

  • submit documents to Rosreestr;
  • contact the MFC;
  • submit documents using the State Services website.

Purchased housing must be registered, and each of these methods allows you to get the desired result. Registration of a decorated house according to the first scheme saves time, since documents for purchased housing are submitted directly. As a rule, the procedure is carried out faster by several days.

On the different stages transactions can be problematic. So, when submitting papers to Rosreest, not only their authenticity will be checked, but also whether the seller has the right to perform such an operation. For example, criminal cases may be opened against the seller, which involve the seizure of all his property. For some categories of land, a ban on the change of ownership may apply, and therefore it is better to check with the seller in advance. In any case, this will be checked by the state authorities before registration is carried out.

The article tells how to arrange the purchase and sale of a house, explains the intricacies of the law.

How to make a deal

In fact, two objects are being sold: a house and a land allotment. Therefore, you need to follow the instructions to avoid mistakes:

  1. First of all, you need to check that everything is in order with the documents. Must be available technical documentation, boundary plan. If the documents are not available, then the cadastral plan can be ordered at the technical inventory bureau. The land management company is engaged in the preparation of the boundary plan.
  2. If the land allotment is not put on the cadastral register, then you need to put it. To do this, the application, along with the boundary plan, must be sent to the cadastral chamber. After 4-5 days, you can already get a cadastral passport.
  3. After all the documents are collected, contact the specialists of the Rosreestr division to issue a certificate of ownership.
  4. When everything is in order with the documents, and the house is registered as a property, you can look for a buyer. Before setting a price, you need to clarify what prices are currently in the market. And get away from it.

5 factors influencing the value of a home:

  • location address;
  • the area of ​​the object itself and the land allotment;
  • the material from which the building is built;
  • lifetime;
  • availability of communications.

When everything is already determined with the transaction price, you can start looking for buyers.

Required documents

Registration of the official sale of the house will be successful if all the necessary documents are available:

  • certificate confirming the right of ownership;
  • extract from the USRN;
  • grounds for ownership of the building and land allotment (contract of sale, donation, certificate of inheritance);
  • technical documents;
  • certificates from the IFTS confirming the absence of tax arrears;
  • an extract indicating all the citizens who are registered in the house.

All these are documents for the building, there is also documentation for the land allotment:

  • certificate confirming the legality of ownership. Now, instead of certificates, an extract from the USRR is issued;
  • a document that serves as the basis for the transfer of rights to a land allotment (gift, sale and purchase agreement);
  • certificate of absence of tax arrears;
  • documents from the cadastral chamber.

There are also additional documents. Guardianship approval is required if the transaction affects the interests of minors. Notary approval from a spouse is required if the building is jointly owned.

Read also Tips for preparing your home for sale

The document is drawn up in the usual written form, but if desired, it can also be notarized. Mandatory notarial certification is now established only for transactions made with real estate shares.

How to make calculations

How to formalize the official purchase and sale of a house, the parties can discuss among themselves. It is more profitable for the seller to receive money when signing the contract. But the same cannot be said for the buyer. A reliable option is the transfer of funds through a bank cell. The buyer puts the money in the cell, and access to them opens only after registration of ownership. Those. the buyer pays when he becomes the legal owner of the land and the house.

Buying and selling a house

Now there is such a practice that the parties sign a preliminary agreement. This is an agreement that covers all the essential points of a future transaction. A preliminary contract is a guarantee for both parties. The seller will spend time collecting the necessary documents, and during this time the buyer may well look at the new property. Well, a preliminary agreement will protect the interests of both parties.

Deal algorithm:

  1. Sign a preliminary contract.

3 main points of the preliminary contract:

  • subject of the deal:
  • term for the conclusion of the main agreement;
  • transaction amount.
  1. After all the documentation is collected, the main contract is signed. The act of acceptance is a document evidencing the transfer of real estate. However, a separate act may not be drawn up if a note is made in the main contract. The contract of sale itself can confirm the transfer of property if there is a corresponding mark in it. The agreement is signed in triplicate. Each of the parties receives one document, and one contract is sent for registration to Rosreestr specialists.
  2. Pay state duty.
  3. Submit documents for registration.

Documents can be transferred directly to Roreestr specialists or to the My Documents Public Services Center (formerly MFC). If it is not possible to transfer the document in person, you can send them by post. When transferring through a representative, a notarized power of attorney will be required.

Issue price

It is necessary to think about how much it costs to make a purchase and sale in advance, since it is rarely possible to do without additional expenses.

4 items of expenses when selling real estate:

  1. Getting help. Some certificates are issued free of charge, but sometimes you have to pay. The standard price of an extract from the house book is two hundred rubles. But you have to pay extra for urgency. If the certificate is needed urgently, its price will be eight hundred rubles.
  2. Registration of documents in the bureau of technical inventory. The rate here is up to several thousand rubles. BTI bodies work according to tariffs approved by the state. The price depends on the footage of the living space and the need for the technician to go out for inspection.
  3. Approval of a husband or wife for a deal. Notary certification required. The notary takes up to 800 rubles for this service.
  4. Certificates that certify the seller's capacity. The document is issued through the PND. The price is approximately 1.4 thousand rubles. In addition to this, archival information is drawn up. This document allows you to trace the history of citizens who were registered. The price of such an extract is from 1.5 to 6 thousand rubles.

Each of us dreams of our own house with a plot of land located in a picturesque corner of our country. Ukrainians often buy desirable real estate with their last savings, but at the same time they risk being left with nothing. Buying and selling real estate is a complex procedure that can bring a lot of trouble to the participants in the transaction. As of today, our expert, the lawyer of the Juscutum company, tells about all its intricacies to the readers of the SuperDom website.

Buying a house and apartment: bargaining is appropriate

The transaction for the acquisition of a house with a land plot must be carried out in strict accordance with the requirements of the legislation of Ukraine, as well as following the advice of lawyers and notaries involved in its implementation, then the result will be positive for both the seller and the buyer.

First you need to decide on the form in which the real estate purchase and sale transaction should take place. In accordance with Article 657 of the Civil Code of Ukraine, a contract for the sale of a land plot, a single property complex, a residential building (apartment) or other real estate is concluded in writing and is subject to notarization (except for contracts for the sale of property in a tax lien) .

The procedure for certifying real estate purchase and sale agreements by notaries is regulated by the Law of Ukraine “On Notaries” and Procedure No. 296 “On Approval of the Procedure for Performing Notarial Actions by Notaries of Ukraine”. In accordance with Article 42 of the above Law, notarial acts are performed after their payment, as well as after the payment of tax on personal income to the state budget and on the day of submission of all necessary documents.

There are 2 types of contracts for the sale of real estate - preliminary and main.

The purpose of the preliminary agreement is to record the fact of an agreement on the sale and purchase of real estate between specific persons. Also, the preliminary contract records in writing the fact of paying a part of the amount (deposit), since without documentary evidence it will be impossible to return the money in case of refusal of the transaction.

When drawing up a preliminary agreement, the parties must also indicate in it the nuances of the agreement, namely:

  • the price agreed upon;
  • The amount of the obligation payment (deposit);
  • Actions of the parties in case of termination of this agreement - refusal to purchase or sell and the procedure for returning the deposit;
  • Deadline for signing the main contract;
  • The date before which the seller of a house with a land plot will completely free it from its own property.

Required documents

What documents are needed to sell a house with a land plot in Ukraine? Documents for the transaction must be prepared in advance, before a buyer is found, since some certificates have to be processed for weeks, and potential buyer may during this time lose interest in the property you want to sell.

The list of required documents for the sale of real estate may vary, depending on the type of documents confirming the right of ownership, the number, age and social status of citizens registered in it and marital status seller.

The standard list includes:

  • A document on the ownership of the real estate being sold - a contract of sale, documents on receiving a gift of housing, a certificate of privatization of a property, a certificate of inheritance, etc. - original documents;
  • Identity card and TIN of all persons who are the owners of the property (for minors - a birth certificate);
  • If there are minors or incapacitated persons who have the right to own a house with a land plot or are registered in it, it is necessary to provide a permit for the sale of housing issued by the guardianship and guardianship authorities at the place of registration of children or incapacitated persons;
  • Report on the expert monetary valuation of the property;
  • Technical passport for the property;
  • If the property was purchased by the owner in a marriage or a marriage dissolved at the time of the transaction, then a marriage or divorce certificate and the consent of the spouse / spouse for the sale of real estate are required;
  • Certificate from the housing office in form No. 3 (on persons registered in the property)
  • When selling housing by proxy - the original power of attorney, passport and TIN of the authorized person.

From the buyer, when making a real estate purchase and sale transaction, you must provide your own passport and TIN. If the buyer is married, then the personal presence of the spouses at the transaction is necessary with the presentation of an identity card and a marriage certificate in the original, if personal presence is not possible, a notarized statement of no objections to the transaction.

If the property was donated to the current owner, inherited, acquired or privatized before the conclusion of a legal marriage, the rules do not require the consent of the spouses for its sale. If the privatization of the apartment was carried out after the marriage, then the property is considered jointly acquired property and the spouse's consent to the sale is required.

If the seller of the apartment is not a citizen of Ukraine, then, in addition to the original passport, a notarized translation is also required.

A very important step at the stage of preparing documents is the need to check the absence of restrictions on the alienation of property. They are imposed if the building is arrested by a court decision, is in a bank pledge, and so on. Such information can be provided by a notary public conducting the transaction.

In the first case, the purchase should be abandoned. In the second, the process can be continued, but it is necessary to obtain permission from the bank or other mortgagee for the sale. It is not necessary, but it is desirable to obtain documentary evidence that the current owner of the house has no debts on utility bills. Otherwise, past debts will pass to the new owner.

Adjoining territory

The CCU establishes that along with the house and buildings, the right of ownership of the land plot on which they are located is transferred to the buyer. So, along with checking the future home, attention should be paid to the documentation related to the land. The seller must have the appropriate ownership, in particular a deed to the land indicating the cadastral number.

It is important to understand that perpetual use does not give the owner the right to sell. And the absence of a cadastral number will lead to the inability to register a contract of sale or to the recognition of the transaction as insolvent. If the act of the seller does not contain such a number, he must contact the local land administration for one.

You also need to familiarize yourself with cadastral plan site, check its boundaries, size and shape, check the category of land use, clarify on the ground the distance from buildings to neighboring territories, and so on.

All these requirements apply equally to those cases where the subject of the contract is building land, without existing buildings. It is especially important to clarify special purpose site. It is possible to build a dwelling only on those plots of land that belong to the category for residential development. If the land is meant to be run Agriculture, on legal grounds, only a garden house can be built and registered.

But it is not recommended to acquire a land plot on which an unformed building (squatter building) is located. In the realities of our country, it is still possible to obtain all the necessary documents after the fact. But additional complexity, time and financial costs are guaranteed. So the initial savings when buying can turn into even higher costs.

Correct valuation of the property

Any real estate purchase and sale transaction must be properly valued. To do this, the seller on the SPF website needs to find the contacts of the nearest certified appraiser and come to him with all title and personal documents.

The need for real estate appraisal is due to the fact that, during transactions for the sale of real estate by individuals, the notary certifies the relevant contract only if there is an appraised value of such real estate, determined by the subject of appraisal activities (clause 1.11 clause 1 of chapter 2 of section I and Order No. 296).

Transaction execution and settlements

When making a transaction, the buyer must check that the seller has the originals (not copies) of all title documents. It is also necessary to verify the owner's passport and the address of his registration.

It is necessary to acquire a residential building only on the terms of purchase and sale. There is a practice of formalizing the long-term use of the building on the basis of a power of attorney (there is a similar method in the field of motor transport), but it is very undesirable to do so. The seller is legally entitled to revoke his power of attorney at any time. In addition, it ceases to be valid in the event of the death of the owner of the building.

The CCU allows making payment (both advance and full) in cash or non-cash form. This also applies to cases where settlements are made between individuals. The advance is usually paid in cash. It is better to do this in the presence of a notary.

It is safest to make the final settlement in a non-cash form. Moreover, the legislation requires all transactions with a value of more than 50 thousand hryvnias to be carried out only in this way. This is regulated by Decree No. 210 of the National Bank of Ukraine (NBU) "On setting the maximum amount of cash settlements." Settlements must be made by transferring funds from one current account (registered to an individual - buyer) to another (registered to an individual - seller).

The second option is to deposit money in cash to a current account in national currency.

The third way - direct participation in the calculations of the notary. The buyer transfers the payment to his account, and he transfers them to the seller's account. True, in this case, the cost of notarial services increases. But this method is recommended if the buyer simultaneously acts as a seller of other real estate and pays for new property by selling the old one.

It should be understood that liability for violation of this normative act not installed yet. But the Civil Code of Ukraine requires that the parties to a civil contract act strictly within the framework of legislative norms, otherwise the transaction can be declared invalid.

Nevertheless, in practice, so far the most common form of payment is cash, and in foreign currency. At the same time, the contract fixes the transferred amount in hryvnias at the time of payment, indicates the agreed currency equivalent and the method of recalculation (at the NBU rate or interbank).


Naturally, when transferring money, the likelihood of fraud increases. If you do this, then it is worth hiring a cashier who uses the appropriate equipment: a bill counter and a detector of their authenticity.

You can also rent a safe deposit box, where you can store the entire required amount, and clearly stipulate in an agreement with the bank the conditions for allowing third parties (the seller) to access it. It is important to know that according to the Rules for the use of cash foreign currency, on the territory of Ukraine, approved by the NBU, such payments are not allowed. Therefore, the legitimacy of a transaction paid in this way can be challenged in court by one of the parties.

Finally, for registration and support of the process, it is worth using the services of a professional lawyer. It is quite difficult to verify the authenticity of all documentation and coordinate it in various instances. And the contractor firm (or individual entrepreneur) takes responsibility for compliance with all norms, as well as deadlines.

Taxation

When concluding a real estate purchase and sale transaction, according to the legal norms in force in Ukraine, the seller and the buyer need to pay a certain amount to the state. What taxes and fees are subject to the real estate purchase and sale agreement, and what documents need to be issued for this operation?
homeowner who sells a private house together with the land plot, must pay taxes and fees for the land plot and residential building.

Taxation on the sale of a residential building includes:

  • 1% state duty (the amount is calculated from the value of the private house specified in the appraisal document or in the contract of sale);
  • 1% fee for compulsory pension insurance (the amount is calculated from the value of a private house, indicated in the appraisal document or in the contract of sale);
  • 5% income tax individual(personal income tax) from the sale of real estate (paid if the house was owned for less than three years, the tax must also be paid if the owner has already sold real estate in the current year);
  • 1.5% military levy (charged on house sellers).

In addition to taxes and fees that the seller of a house or land plot must pay to the state budget, you also need to pay for notary services. Notarial expenses in preparing the necessary documents and drawing up a contract for the sale of a land plot, a private house or a household start from 3-5 thousand UAH, but the figure may vary, depending on one or another notary and his tariffs.

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