What is a sublease of a land plot?

Land plots are demanded property used for the construction of facilities, agriculture or other purposes. They can be issued for rent from private owners or the state. In this case, the lessee may sublease the land on certain conditions. For this, it is important that the direct owner is notified of the preparation of a new contract. The amount of the fee is determined by the direct tenant, but the terms of the sublease agreement must not contradict the requirements specified in the lease agreement.

Parties to the contract

When drawing up a sublease agreement for a land plot, the participants are the lessee and the tenant. Most often they are represented by large industrial companies, but even private individuals can participate in the transaction.

Most often, a large company leases a large piece of land from the state. It is divided into several small areas, which are then subleased for a higher price. Often, the reason for subleasing a land plot is a decrease in production capacity or an increase in taxes at the tenant.

Parties to the transaction may have different legal status. Not only companies can act as tenants, but also individual entrepreneurs or even private individuals. There are no restrictions on the citizenship of people or the share of foreign capital in the budget of firms.

Rights and obligations of the parties

Lease and sublease of land plots are similar concepts, since in any case a certain territory is transferred to a specific person or company for temporary use. It is allowed to indicate in the lease the possibility of redeeming the territory. The features of subleasing a land plot include:

the tenant must guarantee the owner of the land that the transfer of land is carried out within the framework of the law and with the correct execution of the agreement;
the owner of the territory must be warned about drawing up a sublease contract;
the tenant cannot offer the subtenant more rights than he has on the basis of the main lease agreement;
it is not allowed to interfere in the activities of the subtenant, if he does not violate the requirements of the law;
the existence of a sublease agreement does not in any way cancel the obligations existing under the main lease contract;
the tenant may terminate relations with the subtenant for various reasons, for example, if there is no monthly fee on time or illegal production is carried out.

All rights and obligations arising from the two parties to the transaction, without fail, are prescribed in the sublease agreement. It is compiled taking into account the provisions in the lease.

Reasons for early termination

A sublease agreement for a land plot is terminated by a court decision or by peaceful means if the following reasons exist:

systematically the subtenant violates the requirements of the Civil Code;
payment for the use of the site is not timely paid;
a serious accident occurred on the territory;
spoiled land due to various natural disasters;
the territory is used for other purposes;
the object is seized for the needs of the state.

If there is evidence that the subtenant has violated the requirements of the law, then he is additionally responsible for his actions. To do this, they are paid the appropriate fines.The lessee has the right to sublet the land only with prior notification of the actions of the owner of the territory.

Subject of the contract

When drafting an agreement, much attention is paid to its subject. It is represented by a direct plot of land. Land lease and sublease agreements should include the following land information:

transferred area;
the exact address;
cadastral number;
list of buildings located on the territory;
the presence of forest roads;
objects of construction in progress are listed;
the presence of a number of hydraulic structures, fire towers, pipelines or other elements and structures is given.

If the lessee subleases only a certain portion of the allotment, then this information is included in the sublease agreement. In addition, it is recommended that when transferring land, an acceptance certificate be drawn up.

A sample land sublease agreement can be studied below.

Nuances for the land owner

The owner of the territory must be notified that the tenant plans to sublet the land. If the main lease is drawn up for a year, you must first obtain consent from the owner to transfer the land to the tenant.

The term of sublease of a land plot may not exceed the period specified in the main contract. If the land is leased for a significant period, the territory may become the property of the tenant, if the lessor is the state. After that, the tenant independently determines at what time he transfers his property to other persons for temporary use.

Contract Rules

When drafting an agreement, it is recommended to use a model of a sublease agreement for a land plot so as not to miss important points. If the deadline exceeds one year, then the document must be registered with the Federal Registration Service.

The agreement is concluded not from the moment of its signing by both parties, but after making changes to the USR. The sublease of a land plot is necessarily fixed by an official document. It is with the help of this agreement that the relations arising between the tenant, land owner and sublease are regulated.

What items are included?

When drawing up a sublease agreement, part of the land must be included in the document information:

details of the participants, therefore, their full name, passport data and address of residence of citizens are indicated, and if the company is one party, then their details, full name, legal address, TIN and other information are included in the agreement;
the address of the property transferred for temporary use is precisely registered;
if only part of one territory is transferred, then its exact area is indicated;
the amount of payment for the use of the land is determined;
the procedure is given on the basis of which funds will be transferred to the lessor;
indicates the period for which the agreement is drawn up;
the basic rights and obligations appearing to the parties to the contract after the registration of this document;
the responsibility of the parties is indicated;
lists the grounds for early termination of the contract.

It is allowed to use a fixed cost of sublease or floating, since the fee may depend on different conditions. The landlord must ensure that the subtenant uses the territory only on the basis of its purpose, as otherwise illegal actions can lead to land degradation and a decrease in the value of the territory.

Only when you take into account the numerous rules can you make the right agreement on the sublease of land. A sample frequency document is used to correctly draw up a contract.

What documents are required from the tenant?

Before entering into an agreement, the lessee must prove to the potential tenant that he has the right to draw up such an agreement. For this, the following documents are prepared:

the main contract concluded with the direct owner of the property, and the owner can be represented by a private person or the state;
written permission of the owner to provide the land for use by third parties;
an official letter received from the owner of the territory;
tenant's passport;
extract from the USRN containing information about the size of the plot and its immediate owner;
the consent of the spouse of the owner to provide land for rent;
if there are buildings in the territory, extracts from the USRN for each object are requested.

The right to sublease the land belongs to both individuals and various companies. Citizens prepare a passport for concluding a contract, but the company must transmit the constituent documentation, registration certificate, and other documents for examination to the lessor. The main lease must have a special clause allowing the tenant to transfer the territory for use to other persons on the basis of a sublease agreement.

Step-by-step process instruction

A sublease of a part of a land plot or a full territory is executed in a certain sequence of actions. These include:

initially a lease is concluded with the owner of the territory;
the tenant must make sure that on the basis of the contents of this document he has the right to provide the territory for use to third parties for any fee;
if the document is drawn up for a period exceeding 1 year, then it must be registered with the Rosreestr;
a search is made for subtenants who are ready to sign an agreement on specific conditions;
each side prepares the necessary documentation for further cooperation;
an agreement is drawn up between two participants, and if the size of the territory is significant or one of the parties is a large company, it is advisable to involve experienced lawyers in this process so that they are convinced of the legal purity of the transaction;
if the sublease term exceeds 1 year, the document must be registered with the USRN;
after the expiration of the established period, any contract may be extended.

Registration of a lease or sublease is carried out within a maximum of 10 days. After that, the tenant or subtenant can use the obtained territory for the purposes specified in the contract.

The provision of a direct allotment for use is preferably fixed by drawing up a deed of transfer. It indicates when the territory was transferred. The user must transfer to the lessor the funds specified in the contract within the specified time. If delays arise, this leads to the calculation of fines, and the agreement may be terminated ahead of schedule.

For how long is it drawn up?

The term for which a sublease agreement is drawn up may vary significantly in different situations. It depends on the period specified in the main lease agreement. Therefore, if the state provided land for a period of 15 years, then the sublease of a municipal land plot cannot be executed for a period exceeding 15 years.

If the agreement indicates the wrong term, then the document is easily invalidated through the court.

Contract costs

The provision of land for sublease certainly accompanied by the official conclusion of the agreement. In this case, you have to pay a state fee for making the corresponding changes to the USRN. The price depends on who is the user of the land:

individuals pay 2 thousand rubles .;
for companies, the amount of duty increases to 22 thousand rubles.

If several citizens or enterprises participate in the transaction, then the size of the fee increases depending on the number of participants. The registration fee is paid, so it does not matter how many objects are transferred for use. The state duty can be paid using MFC branches or various ATMs. Additionally, you can contact any bank branch.

What controversial situations may arise?

Sub-leasing the territory is a rather specific and complex process. This is due to the fact that for the transfer of the object for use by a particular person, two separate agreements are drawn up, registered in the USRN. Therefore, various controversial situations often arise, for the solution of which the features are taken into account:

if the user does not pay a fee on time, this becomes the basis for charging fines, and the amount of the penalty may be prescribed in the direct contract;
Significant deviations from the terms of the transaction lead to early termination of the agreement;
it is impossible to conclude a contract without preliminary drafting of the territory and land surveying, since in this case there are no exact boundaries of the allotment for use;
land surveying is carried out only by the direct owner of the territory;
even if all the necessary documents are drawn up and signed, the transaction will not be concluded until it is registered with Rosreestr, therefore, in the absence of registration, the subtenant may not pay funds under the contract, since even the presence of a signed deed of transfer does not serve as a basis for transferring a fee;
if the land user finishes his activity on the site before the term specified in the contract, this is not a reason for termination of payments, therefore he must strictly follow the requirements of the contract, otherwise he may be faced with the need to pay forcibly large fines;
if the owner of the allotment constantly raises the size of the fee, but at the same time does not fulfill his obligations related to land maintenance, the tenant can sue the landlord;
if the lease agreement is terminated ahead of schedule, this leads to the automatic termination of the sublease agreement.

If each party to the transaction follows the requirements of the law, then there will be no contentious issues leading to the need to file lawsuits in court.

Risks of process participants

Subarending a territory has some risks for the direct user. These include:

the contract is concluded not with the owner of the territory, but with the tenant;
if the original agreement is terminated for various reasons, then the sublease agreement will lose its legal force;
there is a possibility that the tenant is a scammer, so he can deceive both the subtenant and the immediate owner of the territory;
The period for which the sublease is executed is limited to the period for which the main lease agreement is concluded.

Therefore, finding users willing to enter into such an agreement is quite difficult. Usually they are different companies that use territories for doing business.

Rollover rules

The extension of the sublease agreement is allowed only if the lease term is extended. Therefore, initially, the tenant will have to resolve issues with the owner regarding the extension. Only with a positive decision does he invite the subtenant to continue cooperation.

If the landowner refuses to conclude a new contract, the intermediary and the land user are deprived of the right to conclude transactions in relation to this real estate.

Conclusion

The sublease of the land is that the tenant independently transfers the land to another user for a fee.For this, a formal agreement is necessarily concluded. If its validity exceeds one year, then an agreement is recorded in the USRN.

When concluding such an agreement, certain nuances and risks arise for each participant. Therefore, users and owners of territories should understand the requirements of the legislation relating to the use of land.