A lease agreement may be made in respect of residential or non-residential premises, as well as land or entire complexes. If the relationship between the owner of the real estate and the tenant will last more than one year, registration of the lease agreement with Rosreestr is required. The lease term may be less than a year, and under such conditions it is not required to make any changes to the USRN.
Rules for concluding an agreement
The Civil Code contains the basic rules that citizens and company owners must adhere to if they draw up a lease. The process of signing this agreement is divided into several stages:
- initially, the tenant, who may be represented by a private person, entrepreneur or owner of the company, is engaged in the search for a suitable property, and this object can be used for living or business activities;
- Further, the terms of cooperation with the owner of the premises or land are specified;
- an agreement is drawn up which sets out the rights and obligations of participants, and also indicates the amount of rent;
- if the term is less than one year, then registration of the lease of non-residential premises in Rosreestr is not required;
- in addition, registration is required if one of the participants is a legal entity.
The process of drafting a document can be carried out by the direct parties or with the help of a visiting lawyer.
What information is included?
When drawing up a lease, only relevant, reliable and necessary information must be entered into it. Otherwise, the registration of this document with the Rosreestr will be denied, as the employees of this government agency carry out a thorough check of the received documentation.
Therefore, the following information must be included in the contract:
- information about each participant in the transaction, and if the document is signed by a private person, then his full name, passport data and address of registration are given, and if the participant is a company, its name and details are indicated;
- the subject matter of the transaction, represented by real estate or land, is described in detail, and with the help of the above information there should be no problems with the identification of real estate;
- the amount of rental payments is indicated;
- the calculation procedure is provided, and different payment methods can be combined;
- the exact term of the agreement is specified, which is agreed upon by the two parties, and if this information is missing, it is considered that the contract is concluded for an indefinite period of time, therefore, at any time, each party can insist on termination of the contract;
- rights and obligations of each participant;
- responsibility of the parties.
Only with the competent formation of the document is operative registration of the lease in Rosreestr. A sample of this document can be studied below.
When is registration required?
Not all leases are subject to registration. Registration of a lease in Rosreestr is required if this agreement is drawn up for a period exceeding one year.
Additionally, registration is required if one of the participants is the owner of the company.
If the contract is concluded by private individuals or entrepreneurs, and its validity period is less than one year, then you will not have to contact the Rosreestr for registration actions.
The term of registration of the lease in Rosreestr
Initially, you should understand when exactly the lease agreement with other necessary documents should be transferred to this state institution. The term for registering a lease in Rosreestr in 2017 was the same as in the current 2019. The procedure must be completed within one month after the signing of the agreement by the two parties to the transaction.
The immediate term for registering a lease in Rosreestr is 5 business days. But this applies only to situations where the necessary documentation is transferred directly to the Rosreestr branch. If the participants in the transaction use the assistance of an intermediary provided by the MFC, then the registration term for the land plot or premises in the Rosreestr is increased, so the procedure is carried out within 7 business days.
If the process of checking documents reveals the absence of important papers or any discrepancies, then the registration of the agreement will be denied, so you will have to make the necessary changes.
What documentation is needed?
Documents for registration of a lease in Rosreestr depend on which property is transferred to the lessee on the basis of this agreement. The following documentation is required by default:
- Application for registration, compiled in the form of Rosreestra;
- direct lease agreement, and it is transmitted in duplicate, as well as on each document must be signed by both participants;
- technical papers on the property to be prepared by the lessor;
- passports of both participants;
- power of attorney, if the interests of any party are represented by a trustee;
- if the lessor has a spouse, then she shall draw up a written consent to transfer the object for temporary use to the lessee;
- receipt confirming payment of the fee;
- if the property belongs to the regional authorities, then the consent of the municipality is required to receive a room or land for use by a third party;
- if the owner of the object is a private person, an extract from the USRN is required, which confirms that the lessor is in fact the owner of the subject of the lease.
If only a certain part of the object is leased, for example, several rooms in one large building, then an additional technical plan for this part is needed.
How are documents transmitted?
A correctly prepared package of documents is transferred to the department of Rosreestr or MFC. There are several ways to do this:
- personal visit to the selected government agency;
- sending documentation by mail;
- the use of electronic communication channels, but for this the landlord must have an electronic digital signature;
- transfer of documents using a proxy;
- use of the portal of State Services, on which an electronic application is filled out, after which all the necessary documents are attached to it in electronic form.
The most optimal solution is a personal visit to the organization’s office. In this case, the employee of the institution will be able to immediately check the availability of all the necessary documentation, and also identify various errors or discrepancies.
Registration cost
In Rosreestr registration of a lease of a land plot or premises is a paid process. To do this, you will have to pay a state fee, and the money is paid by the initiator of the process presented by the lessor.
For individuals, the amount of the fee is 2 thousand rubles, and legal entities pay 22 thousand rubles. If the subject of the lease agreement is a plot of land used for farming, then the state duty in this case is 350 rubles.
If the registration procedure is performed simultaneously by two participants, then each of them pays a fee, the amount of which is divided equally between them.
Reasons for refusal
Even if the deadline for registering a lease in Rosreestr is not violated, a situation may still arise in which this process will be refused. This may be due to various reasons, which include:
- in the documents prepared for registration, there are any errors or inconsistencies;
- missing paper;
- employees of Rosreestr have doubts that reliable information is provided in the papers;
- the information contained in the contract does not correspond to the data contained in the USRN;
- in fact, there are additional conditions for cooperation that were not fixed in the contract.
Additionally, often a negative decision is made if the documentation is submitted to the Federal Register of Representatives by a representative who does not have a power of attorney, which is certified by a notary.
What to do in case of failure?
If registration is not permitted for various reasons, then first you need to find out the basis for making a negative decision. Often, to continue the process, it is only necessary to prepare any additional papers or amend the contract.
If the refusal is unreasonable, then it can be challenged in court. It is important to prepare evidence that there is no good reason for a negative decision. Under these conditions, the court can take the side of the plaintiff, therefore, cancels the decision made by the Rosreestr employees.
Conclusion
When concluding a long-term lease, state registration is required. It is carried out in a situation where one of the participants is represented by a legal entity. The procedure is implemented in Rosreestr, but you can apply with the necessary package of documents at the MFC. Registration must be completed within a month after signing the contract.
If you directly contact the Rosreestr, the registration process does not take more than 5 business days. The refusal may be due to various reasons that can be challenged in court.
