Olga Nekrasov you decide not to buy a house in the village or gardening. Small areas of the old house, the existing relationship between the neighbors, well-established, but nobody and no fixed view on the use of public lands, and you are a stranger here. It is better to start from scratch when all new, all relationships are built on the first day, all the neighbors in an equal position with you in the house still smells of fresh wood or a fresh solution, all the glitters. If you like new, you have to buy a house in a newly built cottage. You made this decision, determined the direction of an extreme price, the work itself uploaded or realtor, have looked more than a dozen villages have finally found the desired object. To buy, you must enter into a contract. How? With whom? BEFORE sign an agreement for today's real estate market, there are many ways of selling houses under construction in a cottage village. Not all are equally safe for the purchaser. Maximum (but not 100%) gives the security agreement made with the owner of the land. Suppose company "Daisy" owned land by ownership, in confirmation of which is ready to show you the certificate of state registration of rights and sale agreement, under which it acquired this plot (from the state or private person). Typically, a site owned by "Daisy", a large (several acres) and is intended to build a village. Then you need to make sure that the "Daisy" allowed the construction of this settlement, as there should be a relevant document. To clear my conscience and their own peace of mind is worth asking copies of the documents that you showed, and contact the two agencies with requests. First, the district branch of the Main Directorate of Federal Registration Service in the relevant field - it is an institution engaged in the Unified State Register of rights to immovable property and transactions with them. Completing the appropriate application (forms are in each branch) and pay $ 100 in any branch of the Savings Bank, 3-5 days you get a response on letterhead and with a round stamp. From it will be clearly seen whether the "Daisy" owns this site, or managed it to someone to sell, and you fooling. There in the "burdens" will indicate whether there is a section of some applicants, do not put a site in the lease, whether incorporated bank. So, the answer you're looking for: Yes, the site with the cadastral number, this area is located on such an address actually belongs to the "Daisy", no encumbrances and restrictions on the site there. Secondly, the authority which issued the permit for construction of the cottage community. In each hut their toys, so in different areas (territories, republics), these bodies may have different names. But the gist of your query remains the same: Do not revoked, not suspended a permit number is something to build on. So, the answer that you need: building permit is valid, the construction is carried out "Daisy" on legal grounds. After receiving positive test results, you can return to the office of "Daisies" with more serious intentions. Requirement to identify the location of future home is very important, because more than once happened, that for the sake of more favorable for the company to the client who might want to have "negotiated" land, made renumbering sites. Requires a change So you returned to figure out on what scheme you will sell the land and house, which offers a sign contracts. Most likely, you will be offered contract financing, constructing a concrete house, which on completion will be issued in your property, and the contract of sale of land when you make a promise to sign ownership of the house much of anything illegal in this scheme, no, if competently defend their interests. It is very important to carefully prescribe what kind of house (size, number of floors, room layout, decoration, materials, etc.) you are financing. Best of all, if a part of such a treaty would be an architectural design house with all the floor plans and detailed descriptions. Further, the contract must be given to what is the point of a large plot owned by "Daisy" will be funded by your house. It should describe in detail, sparing no efforts and words. It is unacceptable that in the contract featured phrases like: "House will be on site number 32, according to the plan." If "Daisies" in the ownership of a single large site, then all the virtual division into smaller parcels and their numbering can be at any time of the "Daisy" replayed, because such a division - it's her personal business and in public documents of your reflection does not, hence, there is no possibility to sue for a plot «№ 32. It should take a long tape measure and fathom nature of the distance from your future site to the edges of a large section of "Daisies" or to what something does not depend on the "Daisies" and not demolished landmarks, such as capital concrete pillars illuminate the road (they have numbers) neighboring village (if it is not very far), river, pond, well, in general, on the ground to determine. Unfortunately, the requirement to identify the location of future home is very important, because not once in practice in favor of more profitable for the company's client made a renumbering of virtual sites, because a client wanted to have "negotiated" land. In addition to the location of future homes, it is important to specify in the contract and a description of land that ever goes into your property: land area, its shape (square, oval, polygon), the yield on the intra-road location in relation to the outer boundary of the site. It is also necessary to specify which category of land will include your site and what will be its permitted use. It should be remembered that if the certificate on state registration of rights on a large plot owned by "Daisy", the specified categories of land - land settlement, the use - for individual housing construction (IZHS) ", then your future site must purchase sale of land (and at what price). Need to negotiate on this side, so do not forget that the contract should be instructions on how to who are the costs of surveying, allocation and registration of rights to land. Otherwise, you risk getting a notice from the "Daisies" that "in addition to the cost of the financing contract you have to pay the cost of land surveying and other costs of execution." This can make a weighty sum. On terms of survey and registration of rights must be given the responsibility of "Daisies" for failure of these terms. Under the current land legislation can not make out the ownership of the house separately from the registration of ownership of the site. Imagine this: a house is built, all documents for registration of your ownership of it collected, but the earth is not selected, then there delay in the contract of sale for your land and registration of ownership of the house. Since the surveying and registration of plots not a quick thing, the beginning of your use of the new property may be seriously delayed. Do not forget about the responsibility of "Daisies" on terms of construction and timing of the transfer of your home and grounds. Dates must be specified very tightly - a specific date, do not let vague indication of the type «IV quarter," because any quarter is 3 months, therefore, any developer before the end of the quarter just will not hurry. Here we must require mandatory inclusion in terms of the contract penalties for the failure to date. If the "Daisy" refuses to make the conditions of a penalty on the timing, it is very dangerous "sign" - terms not be complied with at all. WHO IS RESPONSIBLE FOR QUALITY? Responsibility for quality built homes - a very important point. If a contract is ornate phrase: "The responsibility for compliance rests with the quality of construction the builder under the current legislation of the Russian Federation ...», then you can be fully confident that this is about anything, how would you justify to the" Daisy ". The fact that the general rules set forth in the Civil Code, the developer itself does not bear direct responsibility, but may require corrections and dodelok from direct producer of works - the contractor, but ... only for 1 year from the date of handover from the contractor builder. Let's count: we assume the contractor has handed over the house, "Daisy" "01" March, then the "Daisy" has caused BTI for measurement - is 1,5-2 months, ie, "01" May, then collect all other documents necessary to filing for registration of rights. It's another 2-3 months, ie, "01" September, the state registration of your right to your home - 1 month, ie "01" October. Consequently, the detection of defects and filing claims, you are still 5 months. If any defects will be opened on you later, then no liability to the contractor, the builder will not bear, and therefore the builder "Daisy" you fail. That is why the contract should be given separate special responsibility of the builder in front of you, then regardless of the general rules of civil law you will be able to claim compensation in a later period. Which category of land in the Certificate of state registration of rights on a large plot owned by a vendor, this will have your own site. This is the basic provisions that must be stated in such contracts. If the "Daisy" is not itself enter into contracts, and through an intermediary - a real estate agent, you should demand from Realtors confirmation of their authority: the agreement between the realtor and the "Daisy" power of attorney to the right of the financing contract with you, the confirmation of "Daisies" that which at the date of signing the contract between you and the realtor a power of attorney from the "Daisies" is valid and not withdrawn. It should be noted that at the conclusion of the contract through a real estate agent acquisition cost of the house with the site automatically increases by 10-15% and sometimes more, since it depends on the appetites of specific realtors. As a recommendation: Invite for negotiations is not interested in a transaction lawyer, who as an independent expert will tell you just how you proposed to the conclusion of the contract are met your rights, what are your risks, what other requirements must be added to the text of the treaty. Miser pays twice.
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