Once again, we emphasize that the agreements onThe lease, concluded for a period of less than a year, is not recorded. But about the contracts, drawn up for a longer period, a record is made in the state register of rights. To conduct such a procedure, citizens should apply to the territorial reception of the Federal Registration Service (FRS).
In addition, the tax authorities will take into accountthe amounts transferred for the use of real estate, only after the state registration of the lease is made. However, in exceptional cases, employees of the tax inspection can accept the original receipt of acceptance of securities from the Federal Reserve on the registration of the lease agreement.
It should be noted that there are such situations,When the two sides decide to determine the date of the agreement. They agree on the time of the transfer of property and money, decide that this date they can conclude a deal. However, such actions will not be entirely correct. This kind of agreement is consensual (that is, it will be regarded as a prisoner from the moment of reaching agreement between the parties and proper registration of the transaction). In other words, the date of its conclusion should be indicated on the same day as the registration of the lease.
Meanwhile, the deadline for the termination of the agreement is the lessorand the tenant can establish independently. That is, a specific date when it ceases to be effective, both parties may point to their discretion.
A special category of real estate objectsis considered earth. There are some peculiarities here. At the moment registration of the lease of land is carried out by the Committee on Land Management and Land Resources, as well as its territorial units. If the bargain participants do not want to register, considering this requirement is completely unimportant, they can be fined for it.
Registration is required when concluding such types of contracts as:
In some cases, other types of real estate transactions may be entered in the state register.
It should be noted that state registrationlease is not the same as registration of authority for immovable property. For example, some transactions on real estate are not necessary to register, but the fact of transfer of rights to the object to another person is registered necessarily. In some cases, the operations carried out with movable property must also be entered in the state register. For example, if the objects transferred have a socio-political value, and so on.
If the parties decide to skip such a procedure,as the registration of a lease, the agreement will be deemed not to be concluded. In other words, such a transaction is simply devoid of legal force. The tenant and the lessor will not have any rights and duties with respect to each other. It will also be impossible to recover damages on the basis of such a transaction. If one party refuses to register the contract, the bona fide party to the transaction has the right to apply to the court with a request for compulsory registration of the agreement and compensation for losses (if any). In short, delaying the registration procedure is not beneficial to either the tenant or the landlord. There are cases when the parties are a bit cunning and conclude a lease agreement not for a year, but, for example, for 11 months. After this period they can renew the contract for the same time and thus avoid the registration procedure. In principle, no one punishes you for this trick, but if you still made a deal for a year or more, then take care of its early registration.
Initiate the entry of these agreements intoThe state register can be any of the participants of the transaction within 2 months. In addition, if any changes are subsequently made to the contract, then again it is necessary to apply to the FRS and re-register the lease agreement. If new conditions are not reflected in the state register, the agreement will act in the same way as it was before the relevant changes were made.
So, in order to register a lease agreement for a land plot or other object successfully, the lessor will need:
The lessee, in turn, submits such papers as:
In addition to the above documents, registration of a lease is impossible without:
After the registration of the lease agreementuninhabited premises or other object will be produced, the owner of the property also registers the arising rights with the lessee. And only after all these operations can we say that the parties have fulfilled all the requirements of civil law.
The law does not impose an obligation to pay a state dutyon a specific party to the transaction. This means that the parties themselves must decide who will handle the filing of registration documents, resolve other organizational issues and pay the state fee for entering data into the register. Meanwhile, to avoid any misunderstandings, lawyers advise to prescribe this point in the lease agreement. The state fee for the registration of the lease depends on the status of the participants in the transaction. So, individuals will have to pay 1 thousand rubles, but legal - as much as 15 thousand rubles. The same tariffs are set for changes in the lease agreement.
Registration of a lease agreement plays an important rolefor the businessman. In particular, the amount of the state duty must be indicated in the income declaration. In addition, if the agreement passes the procedure of state registration, then it is impossible to pay the rent in parts. Of course, in order to avoid the tax authorities and not to show a part of the income, the agreement can specify an understated cost of payment, and the remaining amount to receive by agreement, but this action is quite risky. After all, the landlord can simply refuse to pay extra for the premises. And somehow punish him for this will not work, because from a legal point of view, he strictly fulfills all the requirements of the contract, and the registration of the lease of the premises was carried out legally. And in this case, you will have to insist on changing the item about payment, and this, again, is additional expenditure and complexity.
If the registration of a non-residential lease agreementpremises is carried out by the lessor, the lessee must ensure that he does not delay with this procedure. If this person starts to evade registration, the owner of the real estate can apply for protection of his interests in the judicial authority. The tenants will have the same powers, if the owner of the real estate has the obligation to register. The state fee for the registration of the lease agreement must also be paid in a timely manner, as without it the procedure will not be carried out. It is also important to verify the tenant's authority, especially if it is a legal entity. Check its constituent documents, the order to appoint a director, a certificate from the tax authority, the address, etc. The lessor will first need a document on the ownership of the premises, which is transferred for a period of more than one year, his cadastral passport, data on the owner.
If you clearly adhere to the frameworklegislation, there should not be any problems with registration in principle. Usually the term of registration of the lease is 10 days. However, if the employees of the territorial registration service identify any inaccuracies in the papers or inaccurate data, the process can be significantly delayed for several months. Therefore, it is very important to double-check each document before submitting a lease for registration, if you find errors, then, if possible, fix them before submitting for registration.