Sale of an unfinished house with a land plot. Recommendations for the acquisition of an unfinished building

The word "unfinished" in the ad is more likely to scare away the buyer, so it's better to write that a house or land is for sale. Although, of course, when a buyer calls, he must be honest about what stage of construction the house is at, recommends Ilya Menzhunov, director of the elite real estate department at Metrium Group.

Among the "favorable" points in the announcement, Igor Kleimenov, head of the Belyaevo office of the Inkom-Nedvizhimost suburban real estate department, also suggests focusing on such factors as the presence of a forest near a site, a reservoir, developed infrastructure and good transport accessibility. These factors are often of prime importance to buyers.

It is extremely difficult to determine the cost of an unfinished house, it all depends on the stage of readiness of the house. Of course, the main link goes to the cost of the site, emphasizes Kleimenov. The presence of failed communications is welcome, however, referring to the statistics of transactions with unfinished objects, we can state that the communications introduced into the house were offered rather as a bonus, that is, they did not add anything to the cost of the object, Yakhontov shares his experience.

In order to independently determine the possible cost, you need to find similar ads, find out the cost of one hundred square meters of land in the area and multiply by the area of ​​the site, advises Menzhunov.

If the object is "frozen" at the level of the foundation or basement, then, as a rule, the cost of unfinished construction cannot be added to its value. If the first or second floors of the house have already been erected, and the construction is nearing completion, then in this situation, you should also try to set the minimum price for real estate, says an expert from Inkom-Nedvizhimost. Sometimes in this case, the cost of the spent building materials and the work done is added, and at a minimum, Kleimenov draws attention.

By the way, unfinished construction is often sold at the cost of the land plot minus the cost of demolition of buildings, warns Menzhunov. “The fact is that when purchasing a foundation, the client must build a house according to an existing project or make minimal changes to it. It is far from certain that the new owner will like the option,” he explains.

This is where a quality home design can come in handy. “If your project is not in the most presentable form, then it is better to order it to be redrawn by professionals,” instructs private realtor Evgenia Galinskaya. Perhaps, having seen a beautiful project, the buyer will agree to complete it in accordance with the plan.

Presentation "unfinished"

Oddly enough, but an unfinished house can also be presented in a favorable light when shown. “In fact, the buyer is presented with a picture of a “frozen” construction site, so everything must be done so that its appearance does not scare him away,” explains Galinskaya. No buyer will like the sight of building materials, tools, and dirt, random piles of boards or metal, she adds.

Therefore, the construction site before the show must be put in order, neatly folded tools or materials that can be dragged without the help of equipment. If there are heaps of gravel or sand on the site, then they must be covered. This, by the way, will save them from erosion and littering in wind and rain. Of course, all garbage, from large to small, must be removed from the site.

"Since the main emphasis is placed on the land plot when selling the" unfinished ", it must be put in the most favorable light. So, if there is no capital fence around it yet, then it is necessary to build at least a temporary one, even if they are wires. It will be easier for the buyer to evaluate it size. If there are weeds on the site, then it definitely needs to be mowed. If the site is completely bare, and the ground was damaged by equipment, then it needs to be leveled, "says the realtor. Believe me, neatness always makes a strong impression, she adds.

We collect documents

The seller, of course, must have a building permit in his hands, now this is a mandatory requirement, says Kleymenov. It also requires the availability of basic title and title documents for the land and the house, adds Yakhontov.

The certificate of state registration of the right of the established form or other certificate issued before 1998 serves as legal documents. In any case, there should be a certificate of ownership of the land plot, the interlocutor of the agency emphasizes. For the state registration of the transaction, according to the expert "Miel-Country real estate", it is necessary to submit a cadastral passport of the land plot (an extract from it). At the same time, if there are already cadastral registration documents in the files of the registering authority, and there have been no changes to the land plot, it can not be re-submitted, he clarifies.

As for the house, you need a BTI certificate or an extract from the cadastral passport for the building. However, in the case of an unfinished house, you can do without it.

The fact is that an unfinished building is extremely rarely officially registered. As a rule, BTI specialists are not ready to consider unfinished construction, erected by less than 50-70%. “Therefore, there is nothing to worry about if you buy just a land plot according to the documents, and this or that unfinished building is located on it. This is a common practice,” explains Menzhunov.

There are different attitudes to buying an unfinished house. Someone is sure that he will save money and time on this option, someone is categorically against it, others hesitate. Meanwhile, there are a lot of offers to buy an unfinished house, the RMNT website decided to look into this issue together with you.

Let's first define what can be meant by an unfinished house:

1. Finished building. That is, in fact, all construction work has already been completed, it is possible to deal with the decoration of the facade and premises. A good option, such houses are often offered by developers in cottage villages, rightly believing that the new owners will be able to do all the decoration for themselves. It's like an apartment in a new building, with communications, but with "bare" walls;
2. "Box", that is, just walls, without a finished roof, without windows, utilities. Sometimes the foundation is called unfinished, which the owners managed to build on the site and stopped there.

If the first option, in general, is in demand among buyers, there are few questions with it, then the second case of buying an unfinished house should be studied more closely.

When deciding to buy an unfinished building, you need to find out three important points:

1. For some reason, the house has not yet been put into operation. Perhaps the owner found out that a shopping center, a highway, or a landfill in general are planned to be built next to the site. Most likely, of course, the owners simply do not have the money to bring the house “to mind”, but there may be other reasons. For example, it turned out that the foundation was built with errors, and in the case of UWB, they can become;
2. How long has the house been unfinished? According to experts, if more than two years is a risky purchase. Such a structure turns into an illiquid asset, which the owners cannot sell in any way. Do you need to agree to an offer that no one has appreciated for more than two years? Big question;
3. What is the condition of the unfinished building. Was the house properly winterized? If not, there is a high chance of problems.

It is necessary to inspect an unfinished house very carefully. What should alert you and make you refuse to buy:

• cracks in walls and foundations;
• mold, fungus inside;
• wooden structures that have begun to rot;
• sunken roof;
• flooded basement.

All these problems will be very difficult and often impossible to fix.

Another important issue is documentation. There are two options:

1. Documents are issued only for the land plot. In this case, unfinished construction will be considered simply building materials located on the territory of the allotment. That is, the new owner, after the completion of construction, will have to deal with the registration of real estate on their own;
2. The owner himself registers the building as unfinished, after which it can be bought and sold.

So be sure to ask the owners for the availability of all the necessary documents. It is highly desirable to see the project of the house that you have to finish building. It is also important the presence or absence of permits for the supply of communications, in particular, gas supply, connection to the electrical network. If none of this is available, you will have a new problem, because the documentation for utility systems is a long and costly business.

So, in order to make a decision to buy an unfinished house, you need to go through the following steps:

1. Invite a specialist to assess the condition of the object, the quality of the masonry, foundation, roof, existing partitions;
2. Make a budget. How much will it cost you to complete the construction, it can be cheaper to build from scratch;
3. Examine the documentation, including for the site, the intended purpose of which should allow the construction of a residential building;
4. Evaluate the layout. The box is already ready, maybe the house for your family is small or too big, the rooms are tiny and inconveniently located, there is no way to attach a garage or a sauna;
5. Evaluate the location of the site itself, the views, the availability of all the benefits of civilization and transport accessibility.

We state: it is advisable to buy an unfinished house if it is in good condition and has stood mothballed for no more than two years. Otherwise, most likely, you will get just a land plot with a building that will have to be demolished and redone. Well, this option also has the right to be implemented if the owners offered a very favorable price, trying to get rid of their unfinished construction that has become illiquid.

Land plots, as well as related objects, including incomplete ones, the movement of which is not possible without causing damage to them, are considered as real estate objects.

Is it possible to sell a plot with an unfinished house at all? The current legislation of the Russian Federation does not yet provide for any specific prohibitions on the very fact of such transactions. That's why the owner, without violating the law, always has the right to put his property up for sale. An indispensable condition for the transaction is the registration of an unfinished object.

Important: without a building permit, only a finished (long-standing) structure can be legally registered.

So, the deal requires the following conditions:

1. voluntary consent of the parties involved;
2. availability of a certificate (taken from Rosreestr) stating that the property is not under arrest, not pledged, not burdened with debts, etc.;
3. preparation of the documents detailed below;
4. conclusion of a contract of sale.

What documents need to be prepared?

Documents should be prepared both for the land itself and for the structure, regardless of the degree of its completion. Required to submit:

• ownership documents;
• a title document certifying the legality of the seller's ownership of this property (an earlier contract of sale, donation, exchange, will, etc.;
• technical passport (ordered at the BTI);
• building permit (issued by the local administration);
• approved project;
• cadastral passport;
• site plan;
• receipt for payment of state duty.

Read about what documents are needed for the sale and purchase of a land plot, and from you will find out what papers you need to collect when dealing with a land plot with a house, regardless of the degree of its completion.

What you need to check before buying land with unfinished construction?

Before concluding a transaction for the purchase of a land plot with unfinished construction, you should first check:

1. Is the land suitable for the intended purpose?
2. Is it the result of self-capture.
3. Is the object erected on it a self-construction?
4. Is the site under arrest, is it mortgaged, etc.
5. Is it re-sold (an unscrupulous seller may present you with old documents that have already appeared in transactions).
6. Are there any discrepancies between the real site (area, boundaries) and the data recorded in the documents.
7. Whether the transaction is made without the consent of the spouse (or guardianship and guardianship authorities).
8. Is the land shown to you really the one for which the documents are drawn up. Otherwise, after completing all the procedures, you may find yourself the owner of a completely different site.

When assessing the condition of the facility, attention should be paid to the stage at which the construction was stopped.

How is the deal going?

So how to buy and sell an unfinished building with a land plot? Transactions are carried out according to a certain algorithm. The steps required for this are:

1. Evaluation of the object of sale (independent or with the involvement of an independent expert.
2. Description of the object. Realtors advise the seller not to mention the word "unfinished" in ads, as it often scares away the buyer. It makes more sense to just mention "buildings" and subsequently present the unfinished object as an additional plus, and not an aggravating burden.
3. The announcement of the sale with a brief description is published in the media (printed publications, the Internet).
4. When familiarizing the buyer with an important argument, the already existing backlog is a significant plus of the transaction. It will allow the buyer to bring the matter to the end in the future, having applied much lower costs than starting construction from scratch.
5. A preliminary contract may be concluded. A deposit is made, the deadlines are agreed.
6. The contract is signed. In this process, the participation of a lawyer is desirable.

Important: in the interests of the seller - to indicate in the documents the real value of the sale. This will serve as a guarantee against various troubles.

Underwater rocks

When making transactions in which an unfinished object appears, various “pitfalls” may occur. It is impossible to foresee them in advance. Some of them.

• An unfinished object should not be the subject of an existing construction contract. In this case, it will be the object of the right of a third party, and the transaction will be declared illegal. When considering and processing documents, it is necessary to foresee this circumstance in advance and, if necessary, discuss it with lawyers.
• An object cannot be the subject of a transaction if the right of ownership is not registered on it. It is in the interests of the buyer to verify this circumstance according to the documents.
• The object should not be a "squatter". According to Art. 222 of the Civil Code of the Russian Federation, such a building is recognized as being erected without permission on lands not intended for this purpose. Therefore, the buyer must make sure that the owner of the “incomplete” has all the design and permit documentation in order.
• The contract must formulate the identification features of the object. For example, an unfinished facility built from prefabricated metal structures may not be classified as real estate and not be the subject of a transaction. In order to avoid such conflicts, the seller must submit an act on the technical condition of the object.
• If the object is in shared ownership, this must also be indicated in the documents.

Conclusion of an agreement

The following important points must be taken into account in the contract:

1. The exact address of the site.
2. Location of the site, its description, boundaries.
3. Cadastral number.
4. What category of permitted use does the land belong to (agricultural, residential, commercial, recreational, etc.)
5. The contract must contain documents confirming the right of ownership.
6. The cost of the transaction, the form of payment, the method of payment must be indicated.

The transaction takes place as follows:

1. The Buyer and the Seller explore the real estate market, find mutual interest.
2. Negotiations are held with the participation of interested parties or intermediaries.
3. In compliance with the established form, a contract of sale is drawn up and signed.
4. The contract is registered.

Registration and registration of ownership

1. An application is submitted to the Rosreestr authorities for registration of a sale and purchase agreement and for a change in ownership.
2. Information about the transaction is entered in the USRN.
3. The parties receive registered documents.

Terms and cost

Land real estate transactions are considered concluded from the moment of registration of the contract, but not from the moment of receipt of the amount. The standard registration period is two weeks. The cost of formalizing the contract for the sale of a land plot is theoretically calculated in the amount of the state duty paid. For an individual, the state duty for registration of ownership of a land plot is 350 rubles.

If the service is provided electronically, the state duty is reduced by 30%. The amount of the state duty and other fees are determined by Federal Law No. 221-FZ dated 21.017.2014 and the Tax Code of the Russian Federation Art. 333.33 (part two) as amended on 06/04/2018.

If several owners are involved in the transaction, the state duty is paid in proportion to their number. Notarial support is 1.5% of the amount. If the transaction is carried out through a trustee, then this amount will include payment for services for issuing a power of attorney.

Taxation

Features include issues related to tax exemptions, as well as tax deductions for both sellers and buyers. This is discussed in detail in the Tax Code of the Russian Federation chapter 23. When calculating the tax, it is necessary to find out whether the seller has the status of a resident. It can be any person who has stayed in the Russian Federation for more than 183 days during the year. The tax rate for residents is 13%, for non-residents - 30%.

Persons who own real estate over the deadline of 5 years are exempt from tax (in case of donation, privatization, life maintenance agreement - 3 years). Certain categories of persons (with a 13% tax rate) are entitled to tax deductions. In any particular case, all problems related to taxation should be solved by a competent specialist who is competent to resolve these issues.

Thus, a transaction for the purchase and sale of real estate requires high legal literacy and compliance with the letter of the law. We emphasize once again that in the current, not entirely clear economic situation, such transactions should be made with extreme caution, not relying on the advice and recommendations of random persons.

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Be sure to provide a building permit. It is obtained from the local administration. To apply for a permit, provide a town-planning plan of the land plot, a SPZOU document and characteristics of the appearance of the object, for example, a finished project. After obtaining permission, you can register the project, draw up other papers.

BTI will issue a cadastral passport for the object with a note that it is an object of construction in progress. After that, contact Rosreestr in person or through the MFC, provide a cadastral passport, land title papers and otherdocuments for an unfinished house, write an application for registration of ownership. Pay the state fee in the amount of 2,000 ₽. In 7-10 days after applying, you will be given an extract from the USRN confirming the ownership of the unfinished building.

There are two important nuances in registration:

🔸 possible registration of an unfinished private house under a dacha amnesty- if it is located on the land of SNT or other types of sites that fall under the amnesty;

🔸 the person who formalizes the ownership of the house does not have to be the owner of the site: for example, you can provide a lease agreement for the allotment to Rosreestr

After completing the documents, you will be able to include the unfinished house in the contract of sale and transfer ownership of it. True, there will be a significant limitation - the building cannot be used for its intended purpose. To transfer it to the category of a residential building, it will be necessary to draw up an act of commissioning and change the information in the cadastral passport, Rosreestr.

How to sell an unfinished house

Is it possible to sell an unfinished building? You can, because it is considered real estate. To do it correctly and without unnecessary problems, follow the simple instructions.

Gather a package of documents

Sale of unfinished housesrequires the transfer of the entire package of documents to the seller - just like the sale of other real estate. You will need:

📁 title documents for a land plot - an extract from the USRN, a previous sale and purchase agreement, an old-style certificate;

📁 cadastral passport for the land plot;

📁 cadastral passport for an unfinished house with a description of its area, layout, design features and other information;

📁 building permit obtained from the local administration;

📁 the project of the house under construction, preferably agreed with government agencies;

📁 other technical documentation for the house, as well as an extract from the USRN on the ownership of it.

If communications are already connected to the building, separate projects for them must be provided. For example, a project for water supply, electrification and gas. If you have not failed communication yet, the buyer will be able to do it himself: after re-registration of ownership, he will contact the relevant services.

We remind you: you can sell an unfinished building just as a land plot. Then you will have to draw up fewer papers, but in case of disputes with the buyer, problems will arise.

Set the right price

At this stage, many owners are lost because they do not know how to properly evaluate real estate. Some try to charge a little less than a house, especially ifregistration of an unfinished house on a land plotalready passed. Others include in the price the price of all work performed and building materials.

When setting a price, it should be understood that unfinished objects are always cheaper than finished ones. Also, the buyer may simply not agree with your vision of housing, because tastes can be radically different. That is, he will have to redo the project or even start construction anew, and these are additional costs. Therefore, it is important not to scare away potential buyers with a high price, but also not to sell too cheap.

The cost of plots with unfinished construction is usually slightly higher than the price of plots of similar area. To assign the exact amount, you can look at ads for the sale of similar properties and find out the average price, or contact professional appraisers. They will take into account all construction costs, the price per hundred square meters of land in your region, the situation on the market, so they will assign an adequate, comfortable price for you.

Attract buyers

Many don't know where to starthow to sell an unfinished house. The simplest solution is to publish ads on well-known sites: for example, on Avito.

To create an eye-catching ad, take photos of the lot and the house from different angles. Describe in detail everything that is on the allotment - existing buildings, fruit trees, the stage of real estate construction and other nuances. Pay attention to the parameters that are important for buyers: for example, describe the infrastructure of the settlement and the environment. Be sure to indicate whether the registration of the object has been made - this will help to “weed out” those who are not ready for your terms of the transaction.

After publishing ads, receive calls and messages: answer additional questions, invite to view. If you are ready to reduce the cost a little, inform potential buyers about the possibility of bargaining on the spot. Show the product "face": describe its benefits. If there are serious flaws, there is no need to hide them: just serve them gently. Do not tell immediately about the problems - perhaps the deal will fail.

Draw up a sales contract

Agree with the buyer on the exact amount, method, timing of the transfer of money and record everything that has been achieved in the contract. The DCT must be drawn up in triplicate: one will remain with you, the second you will give to the buyer, the third will be transferred to Rosreestr.

Separate contracts must be drawn up for the house and the plot. In total, you will get six copies: three - DCT for putting on, three - DCT for unfinished. Both contracts must include:

📝 the exact location of the real estate, that is, the full address;

📝 last name, first name, patronymic, passport details of both parties - the buyer and the seller;

📝 grounds for the transfer of ownership - for example, an individual number of an extract from the USRN confirming your ownership;

📝 cadastral number and main characteristics of the property - the information is indicated in the cadastral passport;

📝 date, place and time of signing the contract;

📝 the exact amount for the property;

📝 the method and timing of the transfer of funds.

Usually, money is transferred during the registration of the DKP in Rosreestr or when signing papers. In any case, you must write a receipt stating that you received the funds, as well as draw up an act of acceptance and transfer of real estate with the buyer. It should indicate that the buyer has no claims to the condition of the property.

If you want to take a deposit first, the procedure becomes more complicated. First, you draw up an agreement on a deposit, and then a DCT, but with an amount less than the one that was transferred to you as a deposit.

It is possible to draw up one contract of PrEP if the house is not properly registered, or to combine two contracts. But it is better to draw up two separate documents, because Rosreestr will need to provide separate grounds for changing the owner.

Don't forget to split the amount. In the ad, you indicated the cost of the plot along with the house, and according to the documents, you spend them separately. For example, if you sold everything together for 1,000,000 ₽, in the DKP indicate the price of the plot 600,000 ₽, houses - 400,000 ₽.

Transfer ownership

Arrange with the buyer to visit the Rosreestr or the MFC at the same time. Submit documents for re-registration of ownership. The buyer will have to pay the state fee, and in 7-10 days he will receive an extract from the USRN on the ownership of the house and land.

Rosreestr usually submits a package of documents:

📌 sales contracts;

📌 cadastral passport for land and unfinished house;

📌 passports of both parties to the transaction to confirm their identity.

You transfer all the remaining documents to the buyer - now he disposes of them. In some cases, employees of the MFC or Rosreestr may ask for additional documents - if you still have them, hand them over to the buyer or personally to the state body.

How buy an unfinished house

Buying an unfinished housecan bring more problems than selling it. In order not to run into litigation, check the properties before the transaction.

Check the documents with the seller

After viewing the object you like, ask the seller to show all the available documents for the land and the house. Be sure to check if there is a building permit. If it is not there, you will have to obtain a document yourself or demolish the “box” if the municipality refuses. Also look to see if there is a project - if not, the seller may have built the building himself, and this may indicate a poor quality of housing.

Be sure to ask to see legal documents. If the seller refuses, and at the same time offers too cheap real estate, it is better to be wary - perhaps he does not have rights to the object at all or wants to hide the presence of shared ownership from you. Of course, Rosreestr will not allow fraudulent transactions, but you can lose your deposit.

Also, do not forget to assess the condition of the house itself. When the construction is not completed, it is difficult to determine the quality. But you can. For example, it is better to refuse a purchase if there are cracks in the walls or foundation, and the thickness of the walls is less than 38 centimeters: for example, if they are laid out in one brick.

Check if the house is decorated

Ask if the house is a building in progress or not. If yes, you can check for encumbrances and sign a contract of sale. If not, ask why the seller did not issue a cadastral passport and whether he plans to do so. Some may agree to do the paperwork if you give a deposit.

If the seller does not want to deal with the design of the unfinished building, draw up an additional agreement to the sales contract. It will not need to be registered with Rosreestr, but in case of problems it will help to prove that the seller transferred the rights to the house to you. In the agreement, specify that the seller transfers ownership of the land and, with it, ownership of the unfinished house on it.

Request information from USRN

Before buy unfinished, check for the so-called pitfalls. Request extracts from the USRN for both objects, if the house is registered. Rate:

🔹 number of owners - if there is one owner, you can sign the contract even today, and if there are several, you will need to obtain the consent of all owners;

🔹 the presence of encumbrances - if there is a mark on the encumbrance in the statement, it means that third parties have the right to real estate, it is better to refuse the purchase.

An extract from the USRN for the object you are interested in can be obtained at the MFC, Rosreestr or on the official website of the department. For information you will have to pay a state fee. Its size depends on the information you want to receive, that is, on the type of statement.

Register a deal

Draw up a contract of sale, sign it, transfer the money. Apply to Rosreestr with a signed DCT, passport or other identity card, with a receipt for payment of the state fee. Its size is 2,000 ₽. Write an application for a change of ownership. An employee of Rosreestr will issue you a receipt for accepting documents and tell you the date when you can come and pick up a new extract from the USRN.

If you doubt your abilities, do not want to waste time or want to protect yourself from risks as much as possible, contact lawyers or realtors. They will check the object or help you draw up documents for it, accompany you to the last stage.