What gives the right to lease land. Lease of land plots in municipal and state ownership

Renting is the fixed-term possession and use of property based on a contract for a fee. The subject of lease is mainly real estate, including land. Depending on the term of use, the period of prior notice by the landlord to the tenant of the termination of the lease varies. In the case of an agricultural lease, the notice period cannot in any case be less than one year.

The temporary right to land plots is exercised in the form of a short-term or long-term lease.

Land lease agreement

General characteristics The definition of the lease agreement is contained in Art. 606 of the Civil Code of the Russian Federation 4 . Under a lease agreement for a land plot, the lessor undertakes to provide the tenant with property - a land plot for a fee in temporary possession. The fruits, products and incomes received by the tenant as a result of the use of the leased land plot in accordance with the contract are his property.

Civil legislation provides that the subject of a lease agreement may be land plots and other isolated natural complexes. The objects of the lease agreement must not lose their natural properties in the process of their use, i.e. they must be non-consumable things (Article 607 of the Civil Code of the Russian Federation). The land plot meets this requirement, since, with proper exploitation, the land is a non-consumable (inexhaustible) natural resource. Paragraph 2 of this article establishes that the law may establish the specifics of leasing land plots and other isolated natural objects. Under a lease agreement, the owner of an individually defined non-consumable thing transfers it for a fee for temporary use to another person. At the end of the lease period, the thing must be returned to its owner.

The purpose of a land lease agreement is to ensure the transfer of a land plot for temporary use. Both parties to the agreement are interested in this. The tenant, as a rule, needs the land plot temporarily or does not have the ability or desire to acquire it as a property (for example, due to a high sale price). The landlord does not need the transferred land plot or he pursues the goal of making a profit from its transfer for temporary use to another person.

Modern ideas about the lease of land are disclosed in Art. 22 ZK RF 5:

Foreign citizens, stateless persons may have land plots located within the territory of the Russian Federation on the right of lease, with the exception of cases provided for by the Land Code of the Russian Federation.

Land plots, with the exception of those specified in paragraph 4 of Art. 27 of the Land Code of the Russian Federation (withdrawn from circulation or limited in circulation) can be provided by their owners for rent in accordance with civil law and the Land Code of the Russian Federation.

Upon the expiration of the lease agreement for a land plot, its tenant has a pre-emptive right to conclude a new lease agreement for a land plot, with the exception of cases provided for in paragraph 3 of Art. 35, paragraph 1 of Art. 36 and Art. 46 RF LC.

The amount of rent is determined by the lease agreement. The general principles for determining rent when leasing state or municipally owned land plots may be established by the Government of the Russian Federation.

The tenant of a land plot has the right to transfer his rights and obligations under a land plot lease agreement to a third party, including to pledge the lease rights of a land plot and make them as a contribution to the charter capital of a business partnership or company or a share contribution to a production cooperative within the term of the agreement lease of a land plot without the consent of the owner of the land plot, subject to his notification, unless otherwise provided by the land lease agreement.

In these cases, the new tenant of the land plot becomes liable under the land plot lease agreement to the lessor, with the exception of the transfer of lease rights as a pledge. In this case, the conclusion of a new land lease agreement is not required.

The lessee of a land plot has the right to sublease the leased land plot within the term of the land plot lease agreement without the consent of the owner of the land plot, subject to his notification, unless the land plot lease agreement provides otherwise. All the rights of tenants of land plots provided for by the Land Code of the Russian Federation apply to subtenants.

7. A land plot may be leased out for state or municipal needs or for survey work for a period not exceeding one year. At the same time, the lessee of the land plot, within the term of the lease agreement for the land plot, is obliged, at the request of the lessor, to bring the land plot into a condition suitable for its use and in accordance with the permitted use; compensate for losses caused during the work; perform the necessary work on the reclamation of the land plot, as well as fulfill other obligations established by law and (or) the lease agreement for the land plot.

8. When selling a land plot that is in state or municipal ownership, the tenant of this land plot has the pre-emptive right to purchase it in the manner established by civil law for cases of sale of a share in the right of common ownership to an outside person, except for the cases provided for in paragraph 1 of Art. 36 RF LC.

9. When renting a land plot that is in state or municipal ownership for a period of more than 5 years, the tenant of the land plot has the right, within the term of the land plot lease agreement, to transfer his rights and obligations under this agreement to a third party, including rights and obligations, specified in p.p. 4 and 5 of this article, without the consent of the owner of the land plot, subject to notification. Changing the terms of a land plot lease agreement without the consent of its tenant and limiting the rights of its tenant established by the land plot lease agreement are not allowed.

Early termination of a lease agreement for a land plot concluded for a period of more than 5 years, at the request of the lessor, is possible only on the basis of a court decision in case of a significant violation of the land lease agreement by its tenant.

In case of inheritance of land plots by persons who have not reached the age of majority, their legal representatives may lease these land plots for a period until the heirs reach the age of majority.

Land plots withdrawn from circulation cannot be leased out, except in cases established by federal laws.

The procedure for concluding lease agreements for land plots is regulated by civil legislation (the norms of Chapter 34 of the Civil Code of the Russian Federation) 6 , which provides for the requirements for such transactions. Features of the conclusion of land lease agreements are regulated in Art. 22 RF LC.

In accordance with paragraph 2 of Art. 22 of the Land Code of the Russian Federation 7, almost any land plots can be the subject of a lease agreement, with the exception of those that are withdrawn from circulation. The list of such land plots is specified in paragraph 4 of Art. 27 of the Land Code of the Russian Federation (lands occupied by state nature reserves and national parks, buildings and structures in which the Armed Forces of the Russian Federation, the Border Guard Service of the Russian Federation, etc. are located for permanent activity). According to paragraph 11 of the same article, it is allowed to lease such land plots, if this is expressly provided for by federal laws.

According to paragraph 1 of Art. 22 of the Land Code of the Russian Federation, foreign citizens, stateless persons may own land plots on the right of lease, with the exception of land excluded from circulation.

The legislation provides for the essential terms of the lease agreement. So, the contract must contain data that allow you to definitely establish the property to be transferred to the tenant as an object of lease. In the absence of these data in the contract, the condition on the object to be leased - a land plot, is considered not agreed by the parties, and the corresponding contract is not considered concluded. The lease agreement for a land plot must clearly indicate its location and area. The plan of the land plot is attached to the contract.

The right to lease property belongs to its owner. Landlords may also be persons authorized by law or by the owner to lease property (Article 608 of the Civil Code of the Russian Federation). A similar rule is provided for in paragraph 2 of Art. 22 RF LC.

In accordance with Art. 609 of the Civil Code of the Russian Federation, a land lease agreement for a period of more than a year, and if at least one of the parties to the agreement is a legal entity, regardless of the term, must be concluded in writing. The lease agreement for a land plot is subject to state registration in accordance with Art. Art. 131, 164 of the Civil Code of the Russian Federation and the Federal Law "On state registration of rights to real estate and transactions with it" 8 .

Special requirements for the form of a lease agreement for a land plot are provided if such an agreement provides for the subsequent transfer of ownership of the land plot to the tenant. In this case, the lease agreement is concluded in the form provided for the land purchase and sale agreement.

According to Art. 610 of the Civil Code of the Russian Federation, as a rule, a land lease agreement is concluded for a period determined by the parties in the agreement. If the lease term is not specified in the agreement, then the lease agreement is considered concluded for an indefinite period (Article 46 of the Labor Code of the Russian Federation).

The landlord is obliged to provide the tenant with a land plot in a condition that complies with the terms of the lease agreement. If necessary, the land plot is leased together with all its accessories necessary for its operation, for example, equipment for watering the plot. If such accessories are not transferred to the lessee and without them he cannot use the land plot in accordance with its purpose or is largely deprived of what he was entitled to count on when concluding the contract, then the lessee may demand that they be provided to him or that the contract be terminated and compensation for losses.

If the landlord has not transferred the land plot to the tenant within the period specified in the lease agreement, or when such a period is not specified in the agreement (within a reasonable time), the tenant has the right to demand the land plot from him and demand compensation for losses, or demand termination of the agreement and compensation inflicted losses.

The lessor is responsible for the shortcomings of the leased land plot, which completely or partially prevent its use, even if at the time of the conclusion of the lease agreement he did not know about these shortcomings (Article 612 of the Civil Code of the Russian Federation) 9 .

The landlord, notified of the tenant's requirements or of his intention to eliminate the shortcomings of the land plot at the expense of the landlord, may replace the land plot provided to the tenant with another, if possible, or eliminate the shortcomings free of charge. The lessor is not responsible for the shortcomings of the leased land plot, which were specified by him when concluding the lease agreement or were known to the tenant in advance or should have been discovered by the tenant during his inspection when concluding the agreement or transferring the plot to lease.

Article 613 of the Civil Code specifically defines the rights of third parties to a leased land plot. Thus, the transfer of a land plot for rent is not a basis for terminating or changing the rights of third parties to a land plot. When concluding a lease agreement, the lessor is obliged to warn the tenant about all the rights of third parties to the leased land (servitude, right of pledge, etc.). Failure by the landlord to fulfill this obligation gives the tenant the right to demand a reduction in rent or termination of the contract and compensation for losses.

The lessee has the right, with the consent of the lessor, to sublease the leased land plot and transfer its rights and obligations under the lease agreement to another person (transfer), provide the leased property for free use. The tenant may pledge lease rights and make them as a contribution to the authorized capital of economic partnerships and companies or a share contribution to a production cooperative, unless otherwise provided by the Civil Code of the Russian Federation, other law or other legal acts. In these cases, the tenant remains liable under the contract to the lessor.

According to the Land Code of the Russian Federation, the tenant can transfer his rights and obligations under the land lease agreement to a third party. He may pledge lease rights and make them as a contribution to the authorized capital of economic partnerships and companies or a share contribution to a production cooperative within the term of the lease agreement without the consent of the owner, provided that he is notified, unless otherwise provided by the lease agreement. The tenant is not entitled to transfer the land plot for free use, as allowed by paragraph 2 of Art. 615 of the Civil Code of the Russian Federation 10 in relation to other types of property. In such cases, the new tenant becomes liable under the land plot lease agreement to the tenant, except for the transfer of the right to lease as a pledge. In this case, a new lease agreement for a land plot is not concluded (clause 5, article 22 of the Land Code of the Russian Federation) 11 .

In the case of a lease of a land plot of state or municipal property for a period of more than 5 years, the tenant has the right, within the term of the contract, to transfer his rights and obligations under the contract to a third party, including those indicated above, without the consent of the owner, but with notice to him about this (clause 9, article 22 of the Land Code of the Russian Federation).

In the event of the death of a citizen renting a land plot, his rights and obligations under the lease agreement shall pass to the heir, unless otherwise provided by law or agreement. The lessor is not entitled to refuse such an heir to enter into the contract for the remaining period of its validity, except in the case when the conclusion of the contract was due to the personal qualities of the tenant.

As a general rule, unless otherwise provided by law or the lease agreement, the tenant of the land plot, who duly performed his duties, after the expiration of the term of the agreement has, all other things being equal, the right to conclude a lease agreement for a new term over other persons (Article 621 of the Civil Code of the Russian Federation ).

Upon termination of the lease agreement (Article 46 of the Land Code of the Russian Federation), the tenant is obliged to return the land plot to the landlord in the condition in which he received it. If the tenant did not return the leased land plot or returned it untimely, the landlord has the right to demand payment of rent for the entire time of delay. In the event that the specified payment does not cover the losses caused to the lessor, he may demand their compensation.

If the lessee, with the consent of the lessor, has improved the leased land plot at his own expense, then he has the right, after the termination of the contract, to reimburse the cost of these improvements. The cost of inseparable improvements to a leased land plot made by the tenant without the consent of the landlord is not subject to compensation, unless otherwise provided by law. If the tenant has made improvements to the land plot, which are related to the fulfillment of his obligations under Art. 42 of the Land Code of the Russian Federation, regardless of whether he received the consent of the landlord or not, then the cost of such improvements is subject to reimbursement.

The lease agreement may provide that the leased land plot passes into the ownership of the tenant upon the expiration of the lease term or before its expiration, subject to the payment by the tenant of the redemption price stipulated by the agreement. If the condition for the redemption of the leased land plot is not provided for in the agreement, it may be established by an additional agreement between the parties, who, in this case, are entitled to agree on offsetting the previously paid rent into the redemption price (Article 624 of the Civil Code of the Russian Federation) 12 .

The rights and obligations of tenants of land plots are enshrined in Art. Art. 40, 41 and 42 RF LC 13 . Features of the content of the rights of tenants of agricultural land used for running a peasant (farm) economy are provided for in the Law of the RSFSR "On a peasant (farm) economy". According to Art. 10 of Law 14, a citizen who has a land plot for conducting a peasant economy on lease is granted the right not only to use the land in accordance with the conditions for its provision. He can use in accordance with the established procedure and in accordance with the lease agreement the non-metallic minerals, peat, forest land, water bodies, fresh groundwater, and other useful properties of the land available on the land plot. May also erect residential, industrial and other buildings and structures in accordance with the lease agreement and with the consent of the land owner; in the case of a long-term lease, to transfer for temporary use a land plot or part thereof.

The lessee has the right to reimbursement of costs and losses, including lost profits, in case of early termination of the contract at the initiative of the lessor, including the withdrawal of a land plot for state and public needs.

Paragraph 7 of Art. 22 of the Land Code of the Russian Federation 15 allows the possibility of transferring land plots for rent for state or municipal needs or for survey work.

According to paragraph 8 of Art. 22 3K RF 16 when selling a land plot that is state or municipal property, the tenant of this plot has the pre-emptive right to purchase it. The procedure for the exercise of this right is regulated by g. 250 of the Civil Code of the Russian Federation.

The peculiarities of concluding lease agreements for land plots should also include the fact that in some cases such transactions can be concluded by persons who are not owners of land plots. So, in the case of inheritance of land plots by persons under the age of majority, their iconic representatives can transfer in accordance with paragraph 10 of Art. 22 of the Land Code of the Russian Federation, these plots are leased for a period until the heirs reach the age of majority.

A number of articles of the Civil Code of the Russian Federation (CC) are devoted to regulating the issue of granting land on such a real right: chapter 34 fixes general points regarding this institution.

In addition to the Civil Code, the answer to the question about this right can also be found in the Land Code of the Russian Federation.

The Land Code of the Russian Federation includes those rights, obligations and restrictions that owners and tenants of a land allotment have.

Most of these relationships are regulated by a specific one.

According to the meaning of these laws, one can derive a definition of law. So, the right to lease a land plot is the right to own and use land, which is granted for a certain time with the possibility of its extension.

Preemptive right to lease a land plot

The pre-emptive right to lease a land plot is regulated by Article 621 of the Civil Code of the Russian Federation, it enables the temporary owner of the land, who currently uses the land, to extend the period of such use. This requires a new agreement. The owner of the allotment in this situation is limited by law in the right to choose a new user, since he is obliged to conclude a lease agreement for a new term with an existing tenant.

Important: Such a temporary owner of the land can apply for the preferential conclusion of the contract only if he complied with all the conditions of the previous one and acted in accordance with the law.

A situation may arise when the owner refuses the pre-emptive right in favor of a new person. Then the current tenant of the land plot has the right to demand through the court to choose:

1. Transfer of rights and obligations under the contract from the new tenant to himself and oblige the owner to compensate for the losses.
2. Only damages.

In order to exercise this right, the tenant must notify the owner in writing of the intention to conclude a contract for a new term. Notice may be delivered or mailed within a reasonable time, or within the time period agreed upon by the parties in the agreement.

The parties may agree in a new contract other conditions than in the already concluded one, or they may conclude exactly the same contract for a new term.

Parties to the agreement

Land tenants are those who rent a piece of land.

1. The owner of the land has the right to file a claim with the court for early termination of the lease if:
   • the temporary owner uses the land allotment for the wrong purpose and contrary to the terms of the contract;
   • such works are carried out on the leased lands that significantly worsen the condition of the soil and soil on the site;
   • the tenant did not pay for the use of land more than twice in a row.
2. Make transactions with the leased land (donate, sell, transfer as collateral, etc.). These actions will not affect the rights of the tenant in any way, however, the land plot will be encumbered for the new owner (mortgagor).
3. Independently decide who will be the tenant of his site.
4. Manage your rental income at your own discretion.
5. May require compensation if the temporary owner continues to use the land in excess of that agreed by the parties in the contract.
6. Demand the return of the property in the same form and condition in which it was transferred at the time of reaching the agreement.

Rights of the land tenant

The rights and obligations of the tenant of the land plot are directly specified in the current legislation of the Russian Federation. For example, the specified person may transfer his right to lease a land plot to a third party (Article 22 of the Labor Code of the Russian Federation).

The legislator also includes the right to:

In order to use the above rights of the tenant to the land plot, he must always remember that he is obliged to inform the owner in writing about the commission of the specified actions (but another procedure can be determined in the agreement), and also that the transfer of lease rights will be valid until the term of the land lease agreement has not expired.

In addition to the above rights, the tenant of the land plot has the right to:

• use the land for their own needs (but within the category and permitted use);
• benefit from it (in the form of income);
• actually possess and, at its own discretion, dispose of the fruits and products obtained in the course of the exploitation of the land (for example, to grow livestock, fruit and berry plants, flowers, etc.)

What is NOT a land owner entitled to?

A person who temporarily owns a land plot is not entitled to perform the following actions in relation to it:

1. sell;
2. take ownership of the land;
3. put up for auction;
4. bequeath by inheritance;
5. donate to any third party;
6. not comply with the prohibition associated with the establishment of an easement.

Duties of the parties

Obligations of the landlord

The owner of the leased land has the following responsibilities:

1. Transfer a plot that meets the purposes for which the tenant wants to use it and not interfere with this new owner.
2. Transfer the land in a condition that meets the terms of the agreement in terms of land area and quality specified in the appendix to the agreement.
3. Transfer the site with all accessories, as well as all documentation for the site.
4. Renew the contract with the tenant's heir in the event of his death (if the successor agrees to exercise the right to lease).
5. Warn the tenant about the rights of third parties to the transferred area.
6. Upon the expiration of the lease period, reimburse the expenses incurred in full or in some part by the temporary owner of the plot for the development of land and the improvement of the quality of agricultural land.
7. To bear responsibility for the shortcomings of the leased property, which may even slightly impede the use of it, even if at the time of the conclusion of the contract he did not know about them (

In modern market conditions, the provision of real estate for rent is practically the only way to obtain it, available to citizens.

Land plots are no exception, for which leases are increasingly being issued - both for land owned by private individuals, and for state or municipal property.

Carrying out a transaction for renting a plot of land for rent has many specific difficulties and legal subtleties, so the basic rules and features of its execution should be considered in more detail.

What is land lease and what are its main features?

The lease of a land plot is a transaction for the transfer of this property for temporary use from the owner to a third party on the terms of a certain payment.

Its legislative regulation is carried out by the Civil and Land Codes of the Russian Federation.

This must be fixed in writing with the help of a special document -. The owner of the property is the lessor, and the recipient is the lessee. The parties to the transaction may be:

• individuals (citizens or entrepreneurs);
• (private companies, state and municipal institutions, organizations with a mixed form of ownership).

There are certain specifics when it comes to signing a contract:

• it is in writing;
• mandatory notarization is not required;
• when concluding a long-term deal in the Russian Federation, it is necessary.

Also, certain features exist depending on who owns the land - a private owner or the state. In the latter case, the procedure for obtaining a plot and setting the price for it take place in accordance with the special provisions of the Land Code of the Russian Federation.

Types of land lease

Depending on various criteria, the lease of a land plot in Russia can be divided into several types. It is worth considering the main ones:

Depending on the landlord

Here plots can be obtained for rent:

• from individuals (such property is private);
• from legal entities (in this situation we are also talking about private property);
• at the administration of the settlement of the point (such sites can be state or municipal).

In a situation with private property, transactions are regulated by land and civil law, but most of the provisions of the contract are determined by the parties themselves. In particular, the owner himself can decide to whom he will rent his land, for what and for how long.

When renting land from settlements from the administration, regulation is almost completely carried out with the help of the Land Code, and the legislative provisions apply to the possible terms of land use, and to the procedure for determining rent, etc. Also, in most cases, a special procedure is carried out to determine the tenant -.

Only the winner of this procedure can receive a state or municipal site.

By expiration date

There are the following types of lease:

• short-term (up to 3-5 years);
• (up to a maximum of 49 years).

In the first case, the main feature of the contract is that if it is concluded for a period of up to 1 year, it is not subject to mandatory state registration with Rosreestr.

In all other situations, registration is mandatory.

Objects

It is worth considering that both individual land plots and all buildings and buildings located on its territory can be transferred as a lease object. For example, it could be:

• barn;
• garage;
• bath;
• country house;
• cottage, etc.

If these buildings are available, it will also be possible to rent a plot with these buildings on the basis of an agreement. In this case, you can create a separate document, or specify all objects in one, listing them in the appropriate section. However, at the registration stage, you will have to pay separately for each object.

The Land Code allows the transfer of plots to citizens and enterprises for various purposes, depending on which individual features of the transaction will be determined.

In particular, these goals may be:

• construction and reconstruction of buildings and structures;
• conducting;
• gardening and horticulture;
• beekeeping;
• organization of places of public recreation;
• landscaping and landscaping;
• carrying out sports and recreational activities;
• haymaking and grazing of farm animals, etc.

The purposes of using the leased area are prescribed in the contract and must be observed by the tenant.

In each of these cases, the law establishes maximum and minimum periods for which a lease can be issued. Also, certain restrictions may apply to who has the right to act as a tenant - certain requirements will also be imposed on him.

Important Features

The structure and content of the application for the lease of a land plot are considered, on the basis of which the administration announces an auction for the acquisition of the right to lease a land plot. The main issues that should be reflected in this statement are given.

Mortgage in recent years has taken a fairly strong position in the lending market and continues to be popular with most citizens of the country. When registering a mortgage agreement, you can specify the right to lease a land plot as collateral

The procedure for renting a land plot is complicated by many bureaucratic barriers. Often, the "seizure" of land really should be carried out briskly: to build up land plots with buildings and structures, to organize the economy. That's the only way to leave the land behind

The concept and features of the lease of a share

A land share is understood as a part of a certain piece of land that belongs to a citizen on the basis of shared ownership.

In this case, one site is owned by several people, each of whom has the right to a certain share of it. It can be equal for all or differ in value.

A share is the same property as a whole land plot, therefore it can also be leased or transferred to third parties on the basis of all other types of transactions (pledge,). At the same time, you do not need to take permission from other equity holders or inform them of this.

However, for this, a procedure must be carried out for surveying the land provided for rent, and its subsequent registration with the cadastral register. At the stage of land surveying, the boundaries are already established in agreement with other shareholders. After that, a standard lease agreement is drawn up, in which the land share and its exact characteristics are indicated as an object: cadastral number, area, address.

You should also pay special attention to the presence of encumbrances of the land, otherwise serious problems with its use may arise in the future.

Rights and obligations of the parties

The contract is a bilateral transaction, therefore its conclusion imposes mutual rights and obligations on both parties. They are detailed in the table below:

In addition, the parties have the right to establish other obligations and restrictions on the plot that is leased, fixing this in the contract.

For example, the owner may oblige the tenant not to use chemicals, to carry out special measures against erosion, to observe crop rotations, etc. Any obligations entered into the document will be valid if they do not contradict the current legislation and there is agreement on this from both parties.

Lease of land is a property transaction, however, as a result of its completion there is no transfer of ownership- the tenant receives only the right to own the property, he cannot dispose of it. However, he still has many rights and benefits enshrined in law, which must be respected by the owner.

For maximum protection of the interests of both parties, they document their relationship by signing an appropriate agreement.

Renting land is a fairly common practice in today's society. However, such a situation as the assignment of the right to rent by ordinary citizens is still not fully understood. Most, faced with this situation, seek help from lawyers, however, you can learn something about this procedure if you carefully read the Land and Civil Codes of the Russian Federation.

When the land is leased

A lease is an agreement that transfers the rights to use land and receive useful income from it to the second party. In return, the landlord receives a fixed fee from the tenant, called rent, during the entire term of the contract.

In land legislation, two cases of land lease are distinguished:

• Using it for agricultural work;
• Use for housing construction.

Between individuals, the most common option is the first one: the owner of the land, who uses it as an investment object, usually does not sell the land, but receives passive income from it in the form of rent.

The second option is most often found in transactions with municipal authorities. In this case, land is leased for the construction of individual and multi-apartment housing, the organization of summer cottages and garage cooperatives, and the like.

A lease agreement may be concluded for a period of up to one year or more. In cases where land is transferred for use under this agreement for a period of more than 1 year, the law requires that it be registered with the Office of the Federal State Registration Service.

There is also such a process as the alienation of a land plot or its share. Read about it in.

Features of the transfer of rights to a land plot to a third party

The Civil Code, in paragraph 2 of Article 615, says that the tenant, during the term of the lease agreement, gets the opportunity to dispose of the leased property in accordance with the terms of the agreement. Most often, these conditions include the transfer of rights to the leased property to a third party. This procedure can be carried out in two main forms:

1. Based on a sublease agreement;
2. By assigning land lease rights.

sublease agreement is an agreement concluded for a land plot between the tenant and a third party, which will continue to use the subject of the agreement and receive income from it. This agreement is concluded for a period not exceeding the term of the main lease agreement. In this case, the tenants under both contracts will be responsible parties.

Assignment of the right to lease of a land plot implies that the tenant transfers all his rights to these lands to a third party, who subsequently becomes the main lessee. This practice is most common in cases of buying a building located in a leased area. This operation is possible without the participation of the land owner: information about the change in the person responsible for the leased property is brought to the land owner by means of a notification.

The assignment of land lease rights has several features:

• It is impossible to assign the rights to a plot, under the lease agreement of which this operation is not agreed by the parties;
• It is impossible to assign the rights to a land plot for housing construction if it is listed as agricultural land under a previously executed lease agreement. Preliminarily, it is required to carry out the procedure for changing the intended purpose of leased lands.

Registration of the contract and necessary documents

Relations between the owner of the land, the first and second tenants must be formalized in accordance with the requirements of the law and taken into account by state registration of the lease transaction, in cases of transfer of land lease rights for a period of more than a year.

A nuance that can be distinguished when registering the assignment of a land lease agreement is the method of settlement between the first and second tenants. This process can occur in several ways, the main difference of which lies in the further taxation:

• The new tenant pays the amount owed by the previous tenant directly to the land owner. The debt is included in the expenses of the tenant and is not included in the calculation of taxable income;
• The new tenant increases the cost of the assignment agreement by the amount of the debt, pays it to the previous tenant and takes it into account in full in expenses.

To register the assignment of land lease rights, you need to collect a package of the following documents:

• Application for assignment of rights;
• A certified copy of the previously concluded land lease agreement;
• The original cadastral plan of the leased area and its copy;
• A copy of the receipt of payment of the fee with the presentation of the original;
• The original of the final contract for the assignment of the right to lease a land plot in two or more copies.

In addition to those already listed, personal documents of the parties to the contract are required:

• For individuals- passport and consent of the spouses to make this transaction, certified by a notary. If any of the parties is not married, she must provide an appropriate statement of the absence of marital relations, also certified by a notary;
• For legal entities– copies of constituent and registration documents, certificate

Registration of the transfer of the right to lease

The state registration of the transfer of the right to lease from one lessee to another entails the entry into the contract concluded between these persons. It is necessary in cases where the agreement is concluded for a period of more than 1 year.

Registration of the transfer of the right to lease, as is clear from the above list of documents, is carried out only upon payment of the state fee, determined by Chapter 25.3 of the Tax Code of the Russian Federation. Now the state fee for registering the transfer of the right to rent for individuals is 2,000 rubles, and for legal entities - 22,000 rubles. The registration process itself is regulated by the Law “On State Registration of Rights to Real Estate and Transactions with It”.

Registration of the procedure for transferring the right to lease a land plot is confirmed by the issuance of an appropriate certificate.

The above information can be summarized as follows:

• A land lease agreement can be concluded by both individuals and legal entities;
• The right to lease a land plot is transferred either by assignment of this right, or by concluding a sublease agreement;
• To formalize the assignment of the right to lease, the consent of the lessor is not required if the agreement does not contain a clause prohibiting this procedure, however, the parties to the agreement on the assignment of rights are obliged to notify the owner of the site about the change of responsible person;
• The composition of the documents required to formalize the transfer of the right to lease depends on the legal status of the parties to the agreement;
• Registration of the transfer of rights is accompanied by the payment of a state fee.