According to the agreement, the landlord offered to another person (the lessee) for a fee certain property for temporary use.In civil law, if the rent real estate for rent for a period not less than one year, then a mandatory registration of the lease.In this case, the transaction will be regarded as concluded from the moment of making it into the state register.
registration procedure
again emphasize that the lease agreement concluded for a period of less than a year are not registered.But on the treaties designed for a longer period, an entry is made in the state registry of rights.To perform this procedure, citizens should contact the territorial receiving Federal Registration Service (FRS).
In addition, the tax authorities will take into account the amounts transferred for the use of real estate, only after the state registration will lease.However, in exceptional cases, employees of tax inspection can take the original receipts of securities from the Fed's decision on registration of the lease agreement.
date to sign the agreement
should be noted that there are situations when the two sides decide to determine the date of the agreement.They agree on the time of transfer of the property and money, decide that this date, they can make a deal.However, such action would not be entirely correct.This type of agreement is consensual (ie, will be regarded as concluded from the moment of reaching an agreement between the parties and the proper execution of the transaction).In other words, the date of its conclusion should be available the same day as the registration of the lease.
Meanwhile, the deadline for an agreement the landlord and tenant can install yourself.That is the specific date when he ceases to be effective, both sides can point to their discretion.
nuances for land
special category of real property is considered ground.It has its own peculiarities.At the moment, registration of a lease of land held by the Committee on Land and land resources, as well as its territorial divisions.If participants do not wish to engage in the transaction registration, considering this requirement does not matter, they can be fined for it.
types of agreements to be registered
Registration is required at the conclusion of these types of contracts as:
- mortgages;
- contract of assignment of claims or to transfer the debt on the transaction that must be registered;
- purchase and sale of residential building (or part thereof);
- sale of the enterprise;
- annuity contract;
- rental of immovable property (structures, buildings, businesses).
In some cases, the state register is subject to other types of real estate transactions.
Types of registration
worth noting that the state registration of the lease agreement is not the same as the registration authority for immovable objects.For example, some transactions on the real estate is not necessary to register, but the fact of transfer of rights to object to the other person required to be registered.In some cases, should be made in the state register and operations conducted with movable property.For example, if the objects have passed the socio-political value, and so on. D.
consequences of ignoring registration
If the parties decide to skip a procedure such as registration of the lease agreement, the agreement will be deemed not concluded.In other words, the transaction is simply devoid of legal force.At the tenant and the landlord does not arise in relation to each other any rights and obligations.To recover damages on the basis of such a transaction would also be impossible.If one party will evade registration of the contract, the transaction is a bona fide participant the right to appeal to court with a request for a compulsory registration agreement and compensation for damages (if any).In short, delaying the registration process is not beneficial to either the tenant or the landlord.There are cases where the parties have a little tricky and conclude a lease agreement is not for a year, and, for example, for 11 months.After this period, they can renew the contract at the same time and thus avoid registration procedures.In principle, for such a one trick you will not be punished, but if you do a deal for a year or more, take care of its speedy registration.
documents for the registration of the lease agreement
initiate the introduction of these agreements in the state register can be any of the parties to the transaction within two months.In addition, if subsequent to the contract will be made any changes, you must again apply to the Federal Reserve and conduct re-registration of the lease agreement.If the new conditions will not appear in the State Register, the agreement will apply in the same form in which it was before the adoption of the relevant changes.
So that the registration of land lease contract or other object is successful, will be required from the landlord:
- application for registration;
- copy of the certificate of state registration of rights to the object, which will be leased;
- payment of state duty;
- original lease agreement (3 copies).
Tenant, in turn, delivers such papers as:
- notarial copy of passport (for individuals) or a copy of the certificate (for legal entities);
- copy of the constituent documents (for companies and organizations);
- newsletter by statistical bodies (a copy).
more paper
addition to the above documents, the registration of a lease agreement is impossible without:
- cadastral passport facilities.This white paper contains information such as the address of the building, its number of floors, footage and other necessary characteristics.
- Copies of the decision of general meeting of members or shareholders (if the party to the treaty acts Joint Stock Company).
- notarized lease agreement (sublease agreement for registration).
- Order of appointment of the Director or a copy of the contract concluded with him (for legal entities).
- Copies of INN.
- Certificate of Incorporation (it will be valid for a month).
After the registration of the contract for non-residential premises or other object to be produced, the owner of the property and records arising from the tenant's rights.And only after all of these operations can be said that the parties complied with all the requirements of civil law.
state duty
Act does not impose a duty on the court fees of a particular participant in the transaction.This means that the parties themselves to decide who will be engaged in submitting documents for registration to decide other organizational matters and to pay a state fee for entering data in the register.Meanwhile, to avoid any misunderstandings, lawyers are advised to register this point in the lease.The state duty for the registration of a lease agreement depends on the status of the parties to the transaction.Thus, individuals will have to pay 1,000 rubles, but legal - as many as 15 thousand.For changes in the lease agreement set the same rates.Questions
tax
Register lease agreement plays an important role for the entrepreneur.In particular, the amount of duty must be specified in the declaration of income.In addition, if the agreement will pass the procedure of state registration, then pay the rent can not be piecemeal.Of course, to pass the tax authorities and not to show part of the revenue, the agreement can specify undervalued payment, and the remaining amount after agreement, but such action is risky.After all, the landlord can simply refuse to co-pay for the room.And somehow punish him for it does not, in fact, from a legal point of view it strictly complies with all the requirements of the contract and registration of the contract lease of premises was carried out lawfully.And in this case it is necessary to insist on changing the point of payment, and this is, again, the extra costs and complexity.
Conclusions
If the registration of the contract for non-residential premises is carried out by the lessor, the lessee must ensure that he is not to delay the procedure.If a person starts to evade registration, the owner of the property can apply for protection of their interests in the judicial authority.The same powers will be and the tenant, if the obligation of registration imposed on the owner of the property.The state duty for the registration of the lease agreement must also be paid in a timely manner, because without it making carry out the procedure will fail.It is also important to check the credentials of the tenant, especially if it is a legal entity.Check its founding documents, the order on the appointment of the director, a certificate from the tax authority, address, and so on. D. From the landlord first and foremost require a document of title to the room that passed for more than one year, his cadastral passport data owner.
If you clearly stick to the framework of the legislation, there are no problems with the design in principle, should not feel.Usually the term of registration of the lease agreement is 10 days.However, if the staff of the territorial registration service will identify any inaccuracies in the papers or invalid data, the process can significantly drag on for several months.Therefore, it is important to double-check every document before applying for registration of the lease contract if you find errors, fix them if possible even before the filing for registration.
