Key legal risks when buying a suburban property





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25.09.2010 17:35
Articles about real estate | Key legal risks when buying a suburban property Due to the reactive rise in prices for real estate in Kiev recently particularly popular idea of settling in the suburbs and drive into town only when necessary. Not arguing about the justification of this step, I would like to highlight some aspects of a legal nature, which must be considered when purchasing country real estate.

After all, if they ignore the happy owner of a country estate "could face serious problems with the legality of the status of his house and the land on which it is located.

First of all, you should pay attention to what the site is located at a country house. Namely: what is the target destination of the land and what is its so-called title. That is, for the purpose of the housing area should be: "for the construction, deployment and maintenance of residential buildings, commercial buildings and garage building."

As for the title of land, then selling a home is often a site is already in private ownership, so below we only consider such an option. Naturally, the house must be sold together with land on which it is located, but under two different contracts of sale: land and, accordingly, most residential homes.

Note that when buying a house (not apartment) that use the same rules as when you buy an apartment in the city. Buying and selling land is regulated by Article 657 of the Civil Code (CC) of Ukraine, which provides for mandatory notarization of such treaties and their state registration, which also requires Part 1 of Article 132 of the Land Code (HCC) of Ukraine.

In Part 2 of Article 132 of the TSP provides the essential terms of contracts of transfer of ownership of land. A document confirming the ownership of land is a state act on the ownership of the land.

If the act of ownership of the old model, that is no cadastral number, the seller of land should contact the local authority land, a statement of attribution portion thereof inventory numbers. As a result, he must obtain a certificate of assignment of cadastral numbers.

If there are restrictions on the use of land to an instance of the State act on the right of permanent land use or ownership of land, which is issued to the owner or user of land, added a copy of the cadastral plan and the act of transferring to the district boundaries of zones restrictions.

In addition, the presence or absence of encumbrances on the use of land certificate confirms the presence or absence of restrictions and encumbrances of the Local Authority of the State Committee of Land Resources, as well as removing from the State register of transactions.

Should pay particular attention to the fact that under the country real estate is to be understood rather deurbanizirovannoy property in the zone of settlement, sometimes even within the precincts of the town than a house "in an open field." The fact that a house outside the village can not be considered a dwelling house, and ownership of it can not be registered in the local BTI.

Not to mention the lack of postal address, infrastructure and communications, and most importantly - the certificate of registration of title to real property (country house).

Often the desire to live "away from the bustle of the city" decided to restrict the acquisition of land and build their own house. In this case, taking into account all of the above recommendations should take into account the following.

Licensing procedures required to undergo during the construction of the property, in general terms is defined in the Law on Planning and Development, as well as the Model Rules of regional development, approved by order of the State Committee for Construction, Architecture and Housing Policy of Ukraine on December 10, 2001 № 219, upon which shall be approved by the local rules of construction.
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Content tags: Residential Real Estate
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