This is the magic word "problem" ... Since Soviet times buying problem (the land for cottage construction) means to acquire the status of a happy family.
Today the problem - this is the place where citizens seek to escape the noise of the city, a place where you can breathe fresh air, and generally relax. For those who are only going to get "part of nature, we would like to give a couple of tips, writes forensic legal newspaper.
So, if you decide to buy land outside the city, then you should decide for what purpose you will use the land.
The fact that all the land in Ukraine have some specific purpose, say, for the construction of a dwelling house or to engage in gardening, etc. If you are purchasing land to build housing, then erecting a shed on it, and sowed the remaining section of buckwheat (potatoes, corn, etc.) you run the risk of incurring the wrath "of a land inspector" with all its consequences.
By the way, how to acquire different country sites, for example, according to Art. 131 LC citizens have the right to acquire ownership of land on the basis of barter, rent, gift, inheritance and other civil law contracts, concluding that in accordance with Civil Code of Ukraine taking into account the peculiarities established by LC.
Of course, the order of sale and, accordingly, the acquisition of land, state and municipal property, is endowed with some peculiarities and complexities associated with the procedure itself.
Cottage on the receipt can not buy
In the event that you have firmly decided to get a summer residence, it is probably the easiest way to fulfill their wish to include the purchase of land privately owned. But here, you can expect difficulties.
After the acquisition of property must clearly be in the framework of relevant legislation. To start this form of contract. In other words, passing the money for giving and receiving a receipt from the seller (the money received, the amount of such and such, date, signature), the owner of the cottages you will not, that could later lead to many problems.
The most simple misfortune may be possible in future to sell, donate, bequeath the purchased piece of paradise. Why? Because, according to the Civil Code of Ukraine, contracts for the sale of real estate (land, houses, villas, etc.) are necessarily made in writing, certified by a notary public and recorded. In this case, according to Art. 126 LC, the ownership of land, purchased the property from the land of private property without changing the boundaries, purpose is to certify civil contract on alienation of land.
In addition, the acquisition of title to land under a contract of sale (as in our case) to such a contract attached state certificate of ownership of alienated land. At the state certificate of title to land notary certifying the contract and the authority carrying out state registration of rights to immovable property, make a mark on the alienation of land with an indication of the document under which the disposition occurred (paragraph 5, Art. 126 LC).
In order to avoid various "misunderstandings" between the seller and the buyer of land, LC (Article 132) provides for mandatory conditions which must be specified in the contract of sale of land.
These conditions include: the names of the parties (name) type of contract, subject of the contract (land to the definition of the location, area, purpose, structure of land, the legal regime); document proving ownership of land, lack of information about the ban on alienation of land; information on the absence or presence of restrictions for the use of land for its intended purpose (for example, the site is leased, encumbered with a servitude), the contract price, the rights and obligations of the parties, the cadastral number of the land, the moment of transfer of ownership of land.
If the contract and the notary all clear (there are many samples of contracts and many notaries public who wish to make), why should I register? In accordance with the Law of Ukraine "On state registration of rights in rem in immovable property and encumbrances," the state registration of rights is mandatory, and information on rights to real property and burdening them are subject to the State Register of rights.
Rights to immovable property, subject to state registration, as of such registration. This means that to become the owner of the suburban area, you can only after the registration of its ownership of the acquired land.
Do not forget about the house
Clearly, when funds allow, we can get already, so to speak, finished giving - that is, not only land under it, but already erected on the site property - lodges and all other buildings.
In this case, to remain vigilant and check what you have to write in a contract of sale, and included a house in this agreement, whether there is data on it from the state register. Incidentally, according to Art. 5 ZU "On state registration of rights in rem in immovable property and encumbrances, rights registered in the State Register of rights to immovable property, located on the land, the movement of which is impossible without depreciation and changes in destination.
So, are subject to compulsory state registration of not only residential houses or apartments, as we used to take, but the building in which there are facilities designed to stay in their rights, placement of personal property, storage of material values, the implementation of production, etc. And this, as you know, is "veiled" named in the law of our country house.
Among other things, there is another pitfall buying cottages, which, incidentally, is easily found out by the notary on the basis of the state register. We are talking about selling their summer cottage, that is, for example, joint property of spouses.
Civil, Family Code and other legislative acts that have already been mentioned, provides a clear rule - for the sale of real property in joint ownership, the consent of both spouses. Therefore, when concluding the contract at the notary`s presence a half of your required. Otherwise, to put it mildly, the deceived husband`s right of appeal concluded deal in court, and you, the buyer, risk losing the house and bought land.
Is there life in the country?
Finally, the question most frequently asked - whether to register (register) at the cottage? ". The answer, sadly - no. Even if your country house is more like a palace and mansions so we can only envy - all the same "no." Of course, from the standpoint of theory, to achieve the right residence in the country (provided that the country house suitable for living) can be in court, but it`s only a theory. Moreover, such an attempt can be undertaken only if the cottage - the only possible place of your residence and the house itself is suitable for permanent residence.
All based on the approach of the legislator to the definition of suburban houses - a house for use during the year to holiday cottage (Order of the State Committee for Construction, Architecture and Housing Policy of Ukraine № 127 from 24.05.2001 "On Approval of Instruction on the procedure for technical inventory of real property "). Hence the conclusion - a permanent place of registration may not be limited to one year, and permanent residence hard to name a country residence to rest, agree.
While, for example, in neighboring Belarus, a temporary registration (one year), citizens can take the place of stay in the country, without any complications. Of course, provided that in the country erected a dwelling house, rather than temporary shelters.