The cadastre and the type of permitted use of the site are of key importance
Private owners, under certain conditions, may lose their homes in the private sector and gardening partnerships. Lawyers from a number of real estate companies warned about this in the media. We are talking about careless execution of documents for real estate and violations of the rules of use of the site, experts say. MK found out what mistakes can lead to serious consequences for owners and how they can be avoided.
Private owners can lose a house or an entire real estate complex, including a plot, as a result of legal conflicts with the registration of rights to this property. In addition, owners may face orders to demolish buildings if they do not comply with the type of permitted use of the land.
— As with any real estate, it is necessary to carefully check the history of ownership of the land and the house, — explains Larisa Fedorova, a realtor working in the north of the Moscow region. — If the seller has only old-style documents, without an updated extract from Rosreestr and a cadastral record, insist on the execution of modern-style documents or refuse the transaction. It is much easier for the seller to execute all the necessary documents than for the buyer who has not yet entered into ownership rights.
According to the realtor, when drawing up modern documents, “border” disputes are often discovered (if the cadastral plan of the site was drawn up before 2005, this is almost inevitable). In addition, if we are talking about non-state or outdated documents — such as a garden book in SNT — you have to rely on the seller’s word of honor that there are no property or inheritance conflicts regarding the plot. Whereas spouses who were not previously involved in the case may well turn up, bypassed heirs and other applicants to challenge the transaction.
If the type of permitted use of the site does not correspond to the development, the owner is not threatened with seizure of the land, but he may well be ordered to demolish illegal buildings at your own expense. Most often, as the interlocutor of MK said, this happens on coastal lands in the water protection zone and on forest lands.
“The only way to get out of this situation is to come up with some kind of use of the site that does not contradict the permitted use, which will be of interest to you,” the realtor noted. — There are, for example, cases when people were prohibited from building an estate and a hotel in a water protection zone, and then they organized an eco-farm there, and it was already possible to arrange excursion services and meals on it.
On the lands of individual housing construction (individual housing construction), private household plots (personal subsidiary plots), SNT (garden plots), the construction of multi-apartment residential buildings and even townhouses is prohibited. For this, as lawyer Irina Solopova told MK, a type of permitted use is required “for placing houses of a blocked type” (townhouses) or “low-rise construction.” And even in the most “patriarchal” regions of Russia, it is no longer possible to register apartment buildings on individual housing construction/SNT plots under the “dacha amnesty”…
The law, says lawyer Alexey Golubev, provides for the possibility of confiscating private houses and dachas for state needs, as well as for debts and confiscation within the framework of criminal procedure legislation. In addition, a building can be seized by court if it is a cultural heritage site but is not properly maintained. “This is why private owners of ancient wooden houses are never eager to formalize the status of a monument,” emphasizes MK’s interlocutor.
In addition, you can lose a plot if you simply ignore its existence for many years, the lawyer added. “Don’t show up at the cooperative, don’t pay fees, don’t get in touch — and after 15 years, your neighbors or the board of directors may declare the plot ownerless in court, and it will find a new owner.”