Buying land abroad: the intricacies of the transaction. Restrictions on the purchase of real estate in Europe for foreigners. Which countries do not sell land?

Land - to peasants or oligarchs? This time we are looking into how Ukrainians feel about the idea of ​​selling land, how the state plans to trade it, and how the land market works in other countries

What's being cooked

President Viktor Yanukovych ordered an end to all land laws by July. The draft Law “On the Land Market” says that all land (even private land) will be managed by a state institution. It will first buy land from shareholders and then sell it at auction. But there are benefits for current tenants. They will be able to buy the plot without competition and at the price of the owner. It turns out that large agricultural holdings will become the owners of the most tasty morsels. Illegal assets will go to auctions. This project prohibits buying, but nothing prevents a foreign company from buying land through a Ukrainian intermediary. Until 2012, selling the land of villagers is prohibited by law - there is a moratorium. There is no cadastre or law on the land market. But villagers manage to sell land even in the current conditions under “gray” schemes. The owner of a plot in the Kyiv region, Maria Petrukh, says that neighbors are already selling shares. “Nobody knows how it will be. The brave wait, and those who are afraid quickly look for a buyer,” says Maria. Its neighbors have no doubt that land will become cheaper. After all, supply will prevail over demand. 41.8 million hectares of agricultural land will appear on the market (60 million hectares in total in Ukraine).

Pros and cons

There are plenty of opponents of land trade. They say that the whole earth or the Ukrainian oligarchs. There are also plenty of supporters of the land market. They see land trade as a benefit for business and the state budget. Not only politicians, but also... religious communities are speculating on the hot topic. Recently, neo-pagans have come out against the trade in land, which, in their opinion, is a living being and cannot be a commodity. The pagans promise to take “decisive action” if the issue of selling land goes beyond talk. The opinion of the villagers themselves who work on the land is divided. 52% of unit holders are against trading. 41% are ready to sell land, but only to Ukrainian citizens. This is data from the Center for Social Expertise commissioned by the World Bank. The survey also showed that more than half of the villagers rent out their plots. And two thirds of them will continue to do so after the moratorium is lifted.

European experience

In France, there is a system similar to that laid down in. There, the state agency Safer also has a pre-emptive right to purchase land. If a Frenchman wants to sell land, he must first notify Safer. If the agency buys such a plot, it can rent it out or mothball it. But within 5 years the agency must find a buyer for this plot. That is, in France no one can sell land directly - only through the state. There are organizations with similar functions in many countries around the world. In Germany, such an institution is called Bodenverwertungs- und -verwaltungs GmbH (BVVG), in Hungary - Magyar Nemzeti Vagyonkezelő Zrt. In Europe, such institutions include representatives of agricultural trade unions, farmers and land market participants. This makes it possible to control officials, says Legis lawyer Denis Losev. In those European countries where land is a commodity, in most European countries, land is a commodity, the circulation of which is strictly controlled by the state. But in Africa, on the contrary, all land belongs to the state. In Germany, a potential buyer must justify the purpose of purchasing the land and provide a certificate of professional training. Foreigners may be denied permission under the pretext that the acquisition contradicts “measures to improve the agrarian structure” or for other reasons.

French laws are aimed at preserving the intended purpose of agricultural lands. There, in rural areas, it is impossible to develop urban-type settlements, and only economic buildings can be built. The French are selling land to foreigners. But in two cases additional permission is required: if the transaction price exceeds €38 million or if we are talking about the purchase of vineyards. They are recognized as part of the national wealth. In Poland, the law on the sale of agricultural land was adopted in 1998. It allowed local governments to conduct competitive bidding. Poland imposed a 12-year ban on foreigners from the date of accession to the EU. By the way, the new EU members (Hungary, Romania, Bulgaria, Lithuania) also established a multi-year moratorium on the sale of land to foreigners after joining the EU.

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Not long ago we started talking about the fact that not all countries are delighted with the abundance of foreign investors in their real estate markets. In particular, the UK considers the problem serious and is even introducing a new tax next year, designed to partially limit such buyers. In general, countries that impose certain “slingshots” on foreigners are very numerous.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

The “” columnist understood these limitations with the help of experts. As he notes Maxim Klyagin, analyst at Finam Management, various fiscal or legal restrictions for non-residents on the purchase and operation of real estate for personal and less often for commercial purposes are a fairly common occurrence; one way or another, such norms are present in the legislation of most countries of the world. Such requirements, limiting the activities of private foreign investors, are aimed primarily at curbing speculative activity and preventing overheating of prices in the domestic market, as well as ensuring state security.

Switzerland: cantons and quotas
This country is unanimously called by many experts as one of the toughest in this matter. She may even be a “world champion” in restricting foreigners. Local authorities believe that Switzerland is too attractive for foreign buyers - so much so that if restrictions are lifted, prices will soar to levels unaffordable for its own population.

According to the rules, the country sets the number of residential properties that can be sold to foreigners. “Approximately 1,500 such permits are issued every year, most of which go to areas in need of foreign investment - Wat, Vallies, Tessie and Grisons,” says Polina Filatova, managing director of LondonfoRus real estate agency. - In addition, there are restrictions on the area of ​​real estate: a foreigner can buy only one property with an area of ​​no more than 200 square meters. m. A non-resident has no right to sell purchased property for five and sometimes 10 years.”

It is even more difficult, continues Polina Filatova, to purchase a plot of land: they are sold only to non-residents who have lived in Switzerland for five or more years and have documented the need to purchase this particular plot of land.

On the bright side, we can mention that those foreigners who managed to obtain permits will have pleasant surprises: for example, in the already mentioned cantons of Vat and Vallis, the inheritance tax is 0%, and it is possible to obtain a mortgage at 2.5% per annum and even less. Pays attention to one more nuance Evgeniy Springis, director of the investment department of Dom International Ltd (London): If the property already belongs to a foreigner and he wants to sell it to another foreigner, then it is not included in the quota.

Austria: let's complicate the deal
The authorities of Austria, neighboring Switzerland, chose a slightly different path. “Here, instead of direct prohibitions, a complication of the transaction is used, which consists in the need to obtain permission from local authorities,” says Stanislav Zingel, President of the international real estate agency Gordon Rock. “There are no direct prohibitions, however, to purchase real estate for permanent residence, you need a residence permit in the selected area and payment of income taxes in Austria,” they confirmed Knight Frank experts. “There are also regional peculiarities: for example, in Tyrol and Voralberg, real estate cannot be purchased by an individual by citizens of non-EU countries.”

Malta: don't touch the cheap stuff!
In this country, says Stanislav Zingel (Gordon Rock), the authorities protect the cheapest segment of the market from foreigners, leaving these offers only for local residents. In Malta itself, foreigners cannot buy property cheaper than 275 thousand euros, and on the island of Gozo - 220 thousand euros.

UK: new restrictions planned
We have already talked about the new tax for foreign buyers (“”). However, the matter is not limited to this measure - new ones are planned. “It is planned to prohibit the purchase of new buildings by citizens of countries outside the EU,” says Yulia Kozhevnikova, expert at the online center for foreign real estate Tranio.Ru. - An exception will be made for investments that expand the housing stock - for example, in new construction. There are also plans to double council tax on empty homes, with councils currently able to increase the tax by 50% if a home has been empty for two years or more, with plans to raise the rate by 100%.”

Croatia: prohibited, but...
As of today, it is prohibited for foreigners from outside the EU to purchase real estate in Croatia. However, notes Stanislav Zingel (Gordon Rock), last year the authorities officially announced their intention to eliminate this ban or at least soften it.

China: we will limit everyone, including our own
Let's move from Europe to another part of the world. Very strict bans exist in China. “Foreigners in this country can buy real estate for their own residence only if they have worked or studied in the country for at least a year,” says Yulia Kozhevnikova (Tranio.Ru). The expert adds that numerous restrictions also apply to local residents - in particular, they cannot have more than two residential properties, and in Shanghai, bachelors are completely prohibited from buying houses and apartments.

Returning to foreigners themselves, let us also cite Stanislav Zingel’s observation: the number of regions of the country where foreigners are allowed to purchase real estate is consistently decreasing. Now this is possible only in a few resort areas.

Vietnam: we won’t give up an inch of land!
Neighboring Vietnam is also building “socialism of a new formation.” “But if China has at least partially lifted the restriction on land ownership, then, according to the current laws of Vietnam, land can only be in collective ownership,” notes Igor Indriksons, real estate investment manager, founder of the portal Indriksons.ru. “Neither the Vietnamese, nor even the foreigners can own it privately.”

Thailand: even your spouse will not be allowed
The authorities of this country allow foreigners to own only apartments, and even then with reservations: in each building at least 49% of the premises must belong to local residents. As for land, citizens of other countries are prohibited from acquiring it. “A bill has already been drafted to close the last loopholes for foreign ownership of land,” says Stanislav Zingel (Gordon Rock). - We are talking about the purchase of land for a company specially registered jointly with a Thai citizen or a spouse from Thailand. It is noteworthy that in order to avoid legal proceedings, fraught with fines of up to $49 thousand or imprisonment for up to 20 years, the Thai authorities are ready to provide a one-year grace period during which foreigners will have to transfer land plots to legitimate companies.”

Singapore: one village
In this city-state, the only place where foreigners can buy property without special permission is the village Sentosa Cove, says Yulia Kozhevnikova (Tranio.Ru). The author can add on his own behalf that Singapore is generally small: its area is 715 square meters. km. For comparison: the territory of Moscow within its old borders is about 1000 square meters. km, and after expansion in the summer of the year before last - 2.5 thousand square meters. km. So one village is not so small by local standards.

Europe: bans will not pass!
Let's return to Europe again - it is still closer and is of greater interest to Russians. The situation is similar in a number of countries: legislation is generally friendly to foreign buyers, and this move has irritated some politicians. And these politicians periodically come up with various bills designed to limit those who have come in large numbers.

So, in Finland Recently, a lady MP with the unpronounceable name Suna Kymäläinen drafted a bill prohibiting foreigners from non-EU countries from purchasing real estate. True, as knowledgeable people say, “non-EU countries” is a delicate euphemism in this case, but in essence the initiative is directed against buyers from Russia.

IN Latvia a similar bill was even adopted by the Seimas last year - but then the president refused to sign it. The piquancy of the situation in this country lies in the fact that several years earlier Latvia adopted laws attracting Russian investors - in particular, they were given a residence permit in a simplified form. The measure brought the country’s budget at least 800 million euros (an impressive amount for a country with a population of only 2 million) and, according to many experts, simply saved the local real estate market from collapse.

IN Bulgaria, says Stanislav Zingel (Gordon Rock), the Communist Party has developed a bill restricting the sale of land to foreigners. It is assumed that only those companies that were registered in the country three years before purchasing the property will be able to purchase land, and their owners must also live in the country for three years. In addition, firms will have to provide documents confirming the legal origin of the funds used to purchase land.

However, there is little chance of turning these formidable bills into laws. Most likely, the goal of their developers is to show their electorate that they care about them.

Türkiye: rejection of “reciprocity”
The country has long been guided by the so-called. “the principle of reciprocity”: foreigners have the same rights in Turkey as Turkish citizens in these countries. But in May 2012, he says Vlada Akhmetova, representative of Villa elit company, it was abandoned. In addition, the size of the maximum land plot allowed for purchase by a foreigner was increased - from 30 to 60 hectares. “As a realtor working with foreigners in Turkey, I can say that there is a steady trend in the country to simplify the purchase procedure,” notes Vlada Akhmetova. “New simplification provisions are adopted every six months.”

Resume from the portal
There are many countries, they are all different - but still some general results can be drawn. First of all, many states strictly prohibit the acquisition of land by foreigners, but are quite relaxed about the purchase of apartments.

Second, in some cases the laws really are intended to restrict foreigners. And in some cases these are outright “fakes”. Sometimes the matter is limited to bills that are discussed for a long time, without the slightest chance of adoption. In general, the authorities of these countries seem to be pursuing two contradictory goals: to attract money from foreign investors, but at the same time to show their own population that they will not allow them to “buy up their homeland.”

And third. There are “workarounds” almost everywhere. The most common thing is to organize a company in the country and purchase real estate for it. There are also more exotic options - say, registering a fictitious marriage. We will not discuss the moral and ethical side, we will only remind you that you can play too much along this path. True story: a Russian wanted to buy an apartment in Thailand and - in order to overcome the quota - entered into a fictitious marriage (the bride, it seems, was offered by the real estate agency as a free “bonus”). The idyll lasted exactly a week, and then the wife announced that she was filing for divorce. According to the laws of the country, the apartment remained with her; her husband had no chance in court.

The issue of private ownership of land is quite actively discussed in the Ukrainian expert community. Different countries have different approaches to the possibility of private ownership of agricultural land. This was reported by journalists in the “World News” section of the online publication for business people “Birzhevoy Leader” with reference to the newspaper “Den”.

Columnist Sergei Grabovsky writes in his publication that private ownership of land, primarily agricultural land, in the circles of experts and heads of international financial institutions is almost synonymous with the civilization of a particular country. In any case, the presence or absence of private property is an indicator of the development of market relations and the efficiency of the economy as a whole.

For modern Ukrainians, the issue of private ownership of land is not just a topic for idle speculation. According to a memorandum with the International Monetary Fund, next year Kyiv will have to fully liberalize the land market, including the possibility of selling agricultural land. Several influential political forces are declaring the need to extend the moratorium on the purchase and sale of agricultural land.

Politicians intend to initiate a corresponding referendum. In this regard, the government states that lifting the moratorium is possible only when it becomes clear who will be allowed to buy land. The government wants to grant the right to purchase only to individuals with Ukrainian citizenship. Prime Minister Volodymyr Groysman said that the moratorium can only be lifted when the position on protecting land owners is clear, since this topic is extremely sensitive for Ukrainian citizens.

All sides of the discussion, arguing their position, point to world experience. Supporters and opponents of private land ownership find confirmation of their beliefs in the experience of other countries. The observer calls it obvious that the absence of restrictions on the purchase and sale of land is not the key to economic prosperity; Latin American countries with many landowners are not among the leaders in economic growth.

By many parameters Scandinavian countries not only are they among the most advanced in economics, but they have also created comfortable and cozy living conditions. A rather cozy atmosphere has also been created in the land relations of these countries. Private ownership of land in Scandinavia gets along well with state and public ownership. It is not easy to purchase or lease land in the Scandinavian countries; it is impossible to do whatever you want with the acquired plot.

It is even more difficult to rent or buy a pond for fish farming. To obtain permission for this fishery, those wishing to do so need to obtain a huge number of permits. Not a single Scandinavian country will allow the tenant or owner of a land plot to destroy, through their actions or inaction, a body of water, forest, arable land, or other natural resources. Private land in these countries is under close public control, just like state or municipal land.

At first glance, such close control may seem somewhat humiliating, but the result speaks for itself. In Sweden, for example, in the mid-80s, the potato yield was not inferior to the advanced collective farms of the Ukrainian SSR, although the quality of the soil in this country cannot even be compared with the Ukrainian one. Only persons engaged in agricultural production and with appropriate professional training can purchase arable land in Sweden.

Privately owned In Canada only 11 percent of the land is located. Other farmland is divided between federal (41 percent) and local (48 percent). Only 6.8 percent of the entire territory of Canada is arable land, but in absolute terms this is a considerable area - larger than the entire territory of Ukraine.

Despite difficult climatic conditions, Canada produces 16 percent of the world's wheat, which is the country's main agricultural crop.

The bulk of products are produced in Canada on private and leased land, the land market is practically free, restrictions on the area of ​​land owned by one person are only in the province of Quebec and Prince Edward Island. However, in 6 out of 10 provinces there are restrictions on the area of ​​land acquired by foreigners. Vacant lands are sometimes used to encourage immigrants needed in a particular area.

Significantly different traditions of land ownership and use in Australia. The state still operates the so-called free choice of land, approved in the 19th century. According to this principle, any Australian citizen can apply for a plot of land of a certain size. Previously, plot sizes fluctuated between 200 and 800 hectares depending on soil fertility; now smaller plots are issued, but the number of landowner obligations has increased. The owner is obliged to personally live on his plot, build a house and cultivate a certain part of the land.

In addition to the sale of plots, leasing of state land is allowed. In 1892, Australia passed a law allowing land to be leased for 99 years at an annual rent of 4 percent of the site's value. Thus, the state does not lose ownership of land, but provides regular income from its use. Also in Australia there are legal safeguards against landowners.

Since colonial times in Australia, the state has habitually intervened in the economic management of land. It is the state that is the largest landowner in the country. Australian agricultural legislation provides that the state has at its disposal a sufficient number of land reserves to provide land to everyone. Land is set aside for agriculture so that citizens can feed themselves and their families, but the owners must personally cultivate the resulting soil.

On July 1, 1.7 million hectares of agricultural land will be sold through auction in Kazakhstan. Citizens of Kazakhstan will be able to buy this land as private property, and foreigners will only be able to rent it and for no more than 25 years. But not everyone likes it: the “land question” literally split the country into parts...

To understand what the reform of land relations will lead to, let's look at the figures that are given in the press, on television and on the Internet, that is, let's look at the world experience in the formation of land ownership and the features of purchasing land plots in other countries.

Fast. Just. Cheap

In most countries in the world, foreigners do not have to build elaborate schemes or break the law to buy land and work on it. Moreover, the simplest thing that can be purchased in the USA is land. To buy a piece of the territory of the United States, a foreign citizen will not need any certificates or insurance, only dollars. Moreover, this can be done remotely, without leaving your country of residence. To do this, just contact an experienced real estate agent located in the USA. The buyer will only need a phone number, a scanner and Internet access to send signed papers. At the same time, there are almost no risks in this situation, because brokers in the country do not want to lose their own license and work, which will happen if the law is violated.

Also, citizens of other countries can simply buy land plots in Germany and France.

True, there are some restrictions on farmland in most developed countries.

The land policy provides for measures to prevent the concentration of too large land masses in one hand

For example, in Germany the maximum area for private use should be from 400 to 500 hectares, in Poland - 300 hectares, in Hungary - up to 300 hectares, in Romania - up to 200 hectares. In Canada, a foreigner can own no more than 8 hectares of agricultural land.

In addition, very often a necessary condition for acquiring the right to lease or the right to purchase a plot of land in European countries such as Germany, Finland, the Netherlands and Italy is the requirement that the tenant or buyer be a local resident. However, this is not a requirement of the law - this is the position of the citizens of the country.

After Bulgaria joined the European Union, local land also passed into the free pan-European market. The cost of land there began to rise, with prices for farmland rising the most (by 20%). But still,

land prices in Bulgaria are the most affordable in the European Union - from 1 euro per 1 square meter

In this regard, experts note a steady demand for land from European investors.

Any foreigner can buy land in this country; to do this, it is necessary to register a company to which the land will be registered.

Greek law also allows foreigners to purchase local land. The cost of one hundred square meters of land in this country is most influenced by the prestige of the place. The closer to the coast, the more expensive. Thus, the cost of land in the area of ​​small resort towns starts from 100 euros per square meter and increases as you approach the seashore: 200 euros per square meter. m. 500 meters from the shore, 500 euros – 10-15 meters from the water.

Land under strict control: not an inch for foreigners

Despite the fact that in most developed countries of the world land has long been private property, there are exceptions. Israel, China and Great Britain will not sell their lands to foreign citizens for any money.

In Israel, all land not only belongs to the state - its use is under strict state control. China also does not accept private ownership of its own territory, adhering to state and collective ownership. In Great Britain, all land formally belongs to the royal family. Rights to own land are freely sold to royal subjects, but in no case to foreigners. In addition, it is almost impossible to change the intended use of land in the United Kingdom.

In some other countries, there is a temporary restriction on the sale of agricultural land to foreigners: in Poland there is a 12-year moratorium on the sale of such land; in New Zealand, permission for foreigners to purchase or even lease a plot of land with an area of ​​more than 2 hectares can only be granted by a special land protection tribunal , the solution of which requires detailed justification.