When renting, a person who owns the property is transferring the right to use to another person. But the tenant may not fully use the subject of the transaction in all cases. The same applies to allotments of land. Moreover, a concession to the right to lease a land plot is possible. According to the Civil Code, the transaction must be documented.
The rights
According to the contract, the tenant does not receive the property in the property (the land is considered within the framework of the article). However, for a certain period of time and within the limits established by the agreement, he may exploit this territory. Among other things, the tenant has the right to assign to third parties, that is, the conclusion of a sublease agreement. This right can only be exercised if the owner of the land does not mind.
The lease continues to be valid even when the owner changes. These situations are not grounds for termination of the agreement. The rule applies to the death of the tenant. Moreover, the respective rights are transferred to the heirs, and the owner cannot refuse to become parties to the lease.
Conditions
In addition, the tenant may renegotiate the pre-emptive right. This becomes possible if the following conditions are met:
- The tenant fulfilled his obligations in full.
- The land plot was used for its intended purpose.
- During the lease, his condition did not worsen.
- There was no transfer of land to third parties without the notice and consent of the landlord.
- The fee was paid on time.
- The tenant wishes to sign a new contract on general terms.
- The lessee must inform the owner of the decision in the period specified in the contract, or until the end of its validity.
Concession
As indicated above, the assignment of land lease rights is one of the options that the tenant can use. But for the implementation of this action requires the consent of the owner. Without compliance with this condition, the corresponding contract cannot be concluded. The sublease and assignment of the right to lease a land plot of municipal property, as well as the allotment owned by a private individual, differ from each other. The difference lies in the obligations incurred by the user of the site to the owner. When transferring a plot to sublease, the responsibility remains with the same participant, while in the case of assignment, the situation is different. It implies the complete transfer of rights and obligations from the tenant to another person. At the same time, the party to the contract is changing, and the rights and obligations, as well as responsibility, are imposed on the new participant. Such a transaction is onerous and must be executed in writing. Lease rights cannot be granted to anyone.
What the law says
Land relations are regulated by the Land Code of the country. About how the assignment of the right to lease a land plot is carried out, as well as about the rights and obligations of the parties, see art. 22 codes. In accordance with it, rights are transferred to third parties for the following purposes:
- Fulfillment of obligations on a pledge.
- For contributions to the share capital.
- In the form of a share in order to take part in the HBC.
- To conclude a sublease agreement.
In accordance with Art. 65 of the Code for the lease agreement is required to be leased.If the contract is for municipal land, then specific conditions must be established by local authorities.
Another important law that speaks of the rights and obligations of a tenant is the Civil Code of the Russian Federation. The main provisions of the transaction are stated in Art. 615 of the law. According to its provisions, the user has the right to transfer the rights to a third party with the consent of the owner. But the Land Code provides for restrictions on the use of municipal land. In accordance with them, for example, the intended purpose should not differ from what is indicated in the lease.
Signing
In order for the assignment of land lease rights to take place, a document is created according to the model. The agreement must be concluded so that it takes into account all the requirements of the law. The process begins with a negotiation stage. A preliminary agreement is made regarding the basic terms of the transaction. Based on this, a draft contract is being prepared.
The following information shall be indicated in its text:
- Date and place of detention.
- Data on participants in the transaction.
- Subject of the contract. It is an assignment of the right to lease a land plot. This section describes the area, borders, location of the territory, the possibility of individual housing construction and other features.
- The procedure for granting rights.
- Cost and terms of calculation.
- Responsibility of the parties to the contract.
- Their details and signatures.
For registration of the agreement, ordinary office paper or form is used, which is made by the printing method. The text can be written by hand or printed and printed using technical means. The contract is certified by seals, if any.
Parties
The parties to the contract are the current tenant and the new tenant. The owner does not act as a separate party. Each of the participants must have all the rights to make the appropriate transactions. Thus, if the applicant is limited in these rights, then he is not entitled to become a party to the contract. In relation to the current tenant, this condition is reflected initially in the main contract.
Required documents
To conclude an agreement on the assignment of the right to lease a land plot, you need to provide a package of documents, the main of which include the following:
- The main agreement.
- Documents that confirm the respective authorities of the parties.
- Documentary data on the absence of debt on rent (receipts or receipts).
- Information that there are no restrictions or encumbrances on the land plot.
- Documents may be provided in originals or in the form of copies certified by a notary.
check in
Contracts, the subject of which are premises (both residential and non-residential), must be registered with the authorized bodies. The same condition applies to transactions with land plots. The assignment of the right to demand the lease of a land plot is actually the same contract, since after signing it, the new tenant receives the corresponding rights.
To register an agreement, the initiator should contact the registration authority with a statement and a package of required documents that serve as the basis for signing. The application is compiled in a free form, but it should display information about the registering authority, as well as the essence of the appeal.
The service is paid in nature and is provided after payment of the state fee in favor of Rosreestr. For individuals, the size is 2 thousand rubles, and for legal entities - 22 thousand rubles.
Submission of papers to the registration organization can be carried out in various ways. The most common of these is the personal provision of documents. They can also be sent by registered mail with a list and notification by mail. But for this it is necessary to certify copies at the notary public.In addition, it is allowed to send through the MFC or on the Internet on the website of the State Service. In the latter case, the documents are scanned and attached to the application electronically.
Registration of the assignment of the right to lease a land plot is carried out by submitting the following package of documents:
- Statement.
- Identity card of the applicant.
- A power of attorney issued to a representative (if another person deals with the documents).
- Identity card representative.
- Title documents for a plot of land.
- Consent of a spouse to dispose of land.
- The owner’s consent to the transaction or a document confirming his notification of this action.
- Consent of the pledge holder (if the land is under encumbrance).
Legal entities additionally need to prepare the charter and constituent documentation.
The nuances of renting municipal land
If an agreement is made on the assignment of the right to lease a land plot, which is owned by the municipality, then this process is carried out with certain features. First of all, the lease term is taken into account. Assignment is possible only if the period of five years is exceeded. In addition, a written notice should be sent to the owner. This position is enshrined in paragraph 9 of Art. 22 codes.
The terms of the agreement may be changed only with the consent of the municipal authority. The consent of the owner is not required, but it must be notified.
Notification
According to the requirements of the law, the lessee should send a notice of assignment of the right to lease the land to the lessor (owner). At the same time, there is no clear deadline for this action. But this must be done soon after the conclusion of the relevant agreement. The established notification form also does not exist. Nevertheless, the following information should be indicated in the text:
- Information about the owner and tenant - last name, first name, middle name (or company name), addresses and contacts.
- Details of the main agreement with the number and date of signing.
- Reference to legislative acts on the basis of which it is possible to carry out the assignment of rights.
- Data on the new side of the transaction - last name, first name, middle name (or company name), addresses and contacts.
- Information of the assignment agreement indicating the date of signing and number.
- Signature and date of filling out the notice.
The notice is sent to the owner of the land. This should be done by the one on whose initiative the deal was concluded. The owner is notified in the following ways:
- Personal delivery, in which the initiator of the transaction will be able to see firsthand that the owner has received a notice of assignment of the right to lease the land.
- By postage. This option will take less time. The main thing in this case is to send a letter of receipt of delivery. This will allow you to get on hand a documentary confirmation of the delivery of the letter to the addressee.
- Forwarding via the Internet is also possible to notify the owner. This is done by sending an email. Naturally, you need not only to have your own mail, but also to know the email address of the owner of the land allotment. However, this method cannot be attributed to reliable ones, since network failures are always probable. In addition, there is no certainty that the addressee will read the letter, despite the fact that it will be delivered.
- And the last way is to send a notification through a representative. Such a person must have a passport with him, as well as a power of attorney, which confirms the relevant authority.
Between individuals
If there is an assignment of the right to lease land to individuals, the following requirements must be observed:
- Construction on the site without the permission of the person who has leased the property is prohibited. And if it is received, then written execution and inclusion as a separate clause in the contract are necessary.Moreover, any changes to the contract are agreed with the owner of the land allotment.
- Damage to the territory is prohibited. Damage refers to a change that is irrevocable to its original state. For example, without coordination with the owner, communications cannot be laid.
- The rent must be paid by the new tenant on time.
- If the citizen is married, then for the conclusion of the contract the consent of the spouse, drawn up in the proper form, is necessary.
Between legal entities
If an agreement on the assignment of a lease of a land plot is concluded between legal entities, a sample document can be found at a notary public. The agreement is made in the presence of the following documents:
- Copies of constituent documentation.
- Copies of the TIN.
- Certificates from the Unified State Register of Legal Entities (stating that no changes were made to the constituent documents).
- It is mandatory to provide documents that confirm the identity and authority of the person signing the contract.
In one agreement, several land plots can be transferred at once, if their owner is one person. But the conditions should be prescribed for each of them individually.
If the land belongs to the municipality, then the assignment of land lease rights (a sample contract is presented at the end of the article) does not require an auction. State authorities are only notified that the tenant is changing.
Consequences of the transaction
An agreement on the assignment of the right to lease a land plot entails certain consequences. So, the new tenant has responsibilities, and he receives the following rights:
- The possibility of redemption of allotment of land in the future.
- Possibility of construction (if provided by contract).
- Obligation to pay for a plot of land leased on time.
- Land exploitation within the limits established by the contract.
If any conditions of the transaction are not met, then the violator is legally liable.
The best option to avoid the onset of legal liability is not found if the party is going to prematurely terminate the contract of assignment of the right to lease the land.
The sample below shows in general terms what this document is.
Preliminary agreement
At the mention of the preliminary contract, an association with the contract of sale arises. However, in the assignment of rights in some cases, it can also be used. In particular, the parties may sign a preliminary contract if it is required to coordinate some points of the transaction with the owner of the site. It states that the main contract will be signed only with the permission of the owner.
After this, the lessor is notified of the intention to cede the lease to a third party. The owner studies the document and makes sure that all the conditions of the earlier contract are duplicated, except for the clause on the assignment of rights. If the owner does not have claims, then he agrees. Both notice and consent are in writing. After obtaining consent, the parties may sign a new agreement.
It is not difficult to draw up this contract, since often it only duplicates the conditions that are provided for in the original contract. Conclusion is also not difficult. But some nuances must be observed, otherwise the contract may be invalidated. So, it is necessary to notify the owner, as well as the registration of the contract for the assignment of the right to lease the land, in Rosreestr.