The relevance of renting land and using it intheir goals will never fall. Renting land is the easiest way to become an owner of a piece of land, which can be used according to your ideas about economic efficiency. After all, even the construction is allowed on the leased plot. But, as elsewhere, legal issues are not without nuances.
All requirements for registration of landfor rent on the territory of Russia are collected in the Land Code of the Russian Federation. But, unfortunately, it is often corrected and changed, so when working with specific articles, you need to make sure they are relevant.
However, the main points are the same:
• Land plots can rent physical andlegal entities, associations of citizens of the Russian Federation, foreigners who do not have citizenship, foreign missions and enterprises, international organizations.
• Restrictions are imposed on the land plots located within the boundaries of the right of way, along the coastal line of water bodies, nature reserves, as well as forest lands.
• The right to lease may be subject to alienation.(up to sales on land tenders), may be inherited or, if necessary, become a pledge. In all the described cases, there are restrictions stipulated by law.
• Lease of land plots is considered to be short-term and long-term: up to five years, respectively, and not more than 50 years.
Objects are all land plots (notincluded in the list of exceptions), which belong to citizens of the state, legal entities; are communal or state real estate. The provision of land for rent, of course, is carried out by the owners. If we are talking about communal property, the lessor is the village (city, etc.) councils. When the land plot belongs to territorial communities, the signing of the land lease agreement is carried out by representatives of the regional (provincial) government bodies. If, however, a state plot of land is taken for rent, the contracts are signed in the executive authorities.
Since land plots can be pledged, their transfer in rent takes place in agreement with the pledge holder.
Всякая сделка с недвижимостью должна проходить according to current legislation. One of the conditions is the land lease agreement registered in the registry. A sample of this document gives an idea of the general structure and conditions of its conclusion.
The mandatory paragraphs noted in this document should be:
• determination of land from cadastral records (including locations and sizes);
• the term for which the contract is made;
• rent and its size - in this paragraph should be prescribed the size of the indexation, the timing of the payment and the form of the next payment, the responsibility for non-payment, etc .;
• purpose of the land and conditions of use of the site;
• the state of the object at the time of transfer to the tenant and the condition of the preservation of the land;
• burdens (restrictions) on the use of land;
• identification of the party to which the risk is incurred for inadvertent damage to or complete destruction of the rental object (its parts);
• overall responsibility of the parties.
Land lease (land lawpermits it) allows you to specify them as part of the authorized capital of the enterprise within the framework of the terms of the contract. Also, the land can be leased to third parties, only by notifying the owner (in accordance with the agreed terms of the main contract). These nuances and conditions also need to be displayed in the lease agreement for the plot.
A written contract is drawn up in at least two copies, and at the request of either of the parties (tenant or landlord) can be notarized.
Lease of land plots will not be recognized as valid if the contract is drawn up incorrectly and there are no specified paragraphs in it.
All listed conditions apply to the contract itself. The conclusion of a land lease agreement is accompanied by the following documents:
• plan (scheme) of the leased land;
• the cadastral plan of the plot in which land easements and restrictions are displayed;
• the act of determining between the site on the ground;
• act of acceptance and transfer of land for rent.
Parties may specify specific conditions.rent. They may be marks about the quality of the land at the time of transfer to the tenant, the presence of the insurance policy of the object, etc. Separately, issues of cost recovery for the improvement of the rental object and security measures are stipulated. In addition, if it becomes necessary to carry out land reclamation work or any activities at the site, the contract remains in force, but all the nuances should be reflected in it.
Features of the transaction in which it is signedland lease agreement, determined by the person who has the right of ownership to the subject of the contract. In the case of private ownership, the signing of the contract takes place by agreement of the parties. If the proposed object of lease is municipal or state property, the procedure for processing the transaction begins with an auction, and, according to the decision of the executive authority, a permit is given to transfer the object to the lessee. A special case of the lease of land can be called the conclusion of the contract in order of inheritance.
Lease of land, according to the laws, must be registered with the executive branch.
The land use fee is a regular payment that the tenant transfers to the landlord on time.
Если договор заключен частными лицами, то оплата produced by agreement of the parties. If the property is a land plot from the state land fund, then payments are made in accordance with the norms of the Tax Code of the Russian Federation.
If the concluded agreement turns out to be unqualified by a court decision, then all rent received at the time of the court decision remains with the landlord and is not returned.
With the exception of plots beingstate and municipal property, the rent can be made in the form of goods or in the form of providing services to the owner of the property. Lease of state property is paid only in cash.
At the beginning of the article it was already mentioned about the short and long term land lease. The time frames are negotiated individually, but they should not exceed 50 years.
Upon completion of construction and after commissioning of the facility, the tenant of the site may extend the contract for the next 50 years. He has a priority right.
В случае смерти арендатора земельного надела the right to use the land is received by his heirs. They can optionally waive their rights, and then those who have identified an interest in the property, get the right to rent it. This is the so-called assignment of land lease.
When the terms of land lease expire, the contract is terminated or the procedure for its extension begins. Early termination of the contract is possible if:
A tenant who conscientiously performed everythingobligations under the contract, has the primary right to extend it after the expiration of the agreement. But it is necessary to notify the owner of the land plot in writing about the desire to conclude the following contract.
It is possible to extend the lease withoutprior notice to the owner. This occurs if, within a month after the expiration of the land lease agreement, the owner does not send a letter of objection regarding the use of the land. Then they talk about the so-called automatic extension of the agreement.
The tenant is obliged to return the landplot in the stipulated time and in the stipulated condition. If the tenant has a claim against the owner (landlord), they are resolved in court.
The person who became the owner of the apartment in a residentialthe house (or private house) receives and rights to the land (or part thereof), on which the construction object was erected. There is a transfer of land. The agreement defining the change of the owner of the property terminates the previous agreement on the lease of this land plot.
When the term of this contract expires, the newhomeowners or facilities have the primary right to extend the lease of land. If there are insurmountable obstacles to the renewal of the lease, and the owners of one property does not agree with the owners of another object (the house and the plot under it), then all issues will be resolved exclusively in court.
