Registration of an additional agreement to the contract. Is it necessary to register an additional agreement to the current contract? Agreement on registration of agreement to the lease agreement

Hello!

In accordance with Art. 17 of the Law on Registration of Rights to Real Estate and Transactions with It, the grounds for state registration of the presence, occurrence, termination, transfer, restriction (encumbrance) of rights to real estate and transactions with it are:

contracts and other transactions in relation to real estate, concluded in accordance with the legislation in force at the location of the real estate at the time of the transaction.

Since the Additional Agreement is an integral part of the main Agreement, therefore, changes made to the Agreement must be registered in the Unified State Register.

In this case, the registration procedure depends on the substance of the changes made by the Additional Agreement to the Lease Agreement.

In accordance with paragraph 4 of Art. 18 of the Law on Registration, it is established that if, in connection with a change in information about a real estate object contained in the state real estate cadastre (hereinafter referred to as the State Real Estate Cadastre), it is necessary to make appropriate changes to subsection 1 of the Unified State Register, updated information about such a real estate object is entered in the Unified State Register without a statement from the copyright holder and without re-registration when entering this information into the State Property Committee in accordance with the Cadastre Law.
In accordance with clause 67 of the Rules for maintaining the Unified State Register of Rights to Real Estate and Transactions with It, approved by Decree of the Government of the Russian Federation of February 18, 1998 N 219 (hereinafter referred to as the Rules), l The record of changes is used to enter into the Unified State Register such information that does not entail a significant change in the object, as well as the termination or transfer of the right to it. This information includes information, which do not entail a significant change in the real estate object, as well as termination or transfer of rights to it (change of surname, first name, patronymic, place of residence of an individual, name of a legal entity or address, clarification of the area of ​​the real estate object, changes during its minor reconstruction and so on.).

In accordance with paragraph 68 of the Rules, amendments are entered into the list of records of changes in the Unified State Register of Rights, indicating the details of the documents that served as the basis for making changes(for example, when an individual enters into marriage and changes his surname in this regard, such a document is a marriage certificate).

Therefore, from the applicant, in addition to the application for alteration The Unified State Register of Rights also requires a document confirming the fact of changes in the relevant information previously entered into the Unified State Register of Rights.

A person's statement about making changes and the documents attached to it (if these documents are submitted, and not just presented) are registered in the book of incoming documents in the manner established by the Rules for maintaining books of documents.

All documents concerning making changes in the Unified State Register of Rights, are placed in the file of title documents (clause 46 of the Rules for maintaining books of documents).

After alteration in the Unified State Register of Rights has been carried out, the applicant is sent a written notification about this.

Documents provided to make changes to the Unified State Register:

1. Application for amendments to the Unified State Register of Rights to Real Estate and Transactions with It (hereinafter referred to as the Unified State Register of Real Estate).
2. Document confirming payment of state duty.

3. Identity document of the applicant. When a representative applies, also a document confirming his authority (for example, a notarized power of attorney), which is presented in an original copy and a copy.

4. A document confirming the fact of changes in data previously entered into the Unified State Register, which is provided in an original copy and a duly certified copy:

• surname, name, patronymic of the copyright holder;
• details of the identity document;
• addresses of permanent residence (primary residence) - for individuals;
• Legal Entity Name;
• addresses (location) of the legal entity;
• purpose of the object;
• object addresses;
• area of ​​the object (if specified);
• and others.

Sincerely, F. Tamara

Registration of an additional agreement to the lease agreement is a mandatory condition for its conclusion, if the lease agreement has been registered in the prescribed manner.

Services for registering an additional agreement to the lease agreement

• drawing up an additional agreement to the lease agreement;
• legal examination of documents submitted by the Customer;
• generating the necessary set of documents and submitting it to Rosreestr for registration of an additional agreement to the lease agreement, paying state fees if necessary;
• obtaining a registered additional agreement to the lease agreement and transferring it to the Customer.

Additional cost of registration services. agreements to the lease agreement and terms of execution

Submit your application

If, after concluding a lease agreement that is subject to mandatory state registration (the agreement is concluded for a period of more than a year), the parties want to change any of its terms, they have the right to enter into an additional agreement. Changes to the lease agreement are often encountered in business practice. Often an additional agreement is concluded if the lessor increases the rent or, for example, the parties decide to add any rights or obligations under the contract; the characteristics of the rented premises may change, etc.

In all of the above cases, the parties draw up an additional agreement to the lease agreement in writing, which will be an integral part of the lease agreement, after which it is necessary to register it with Rosreestr. Registration of changes to the lease agreement is a process completely similar to registration of the main lease agreement for the premises.

A set of documents for registration of an additional agreement to the lease agreement

• additional agreement to the lease agreement in 3 copies;
• a document confirming payment of the state duty;
• documents confirming the powers of the heads of the parties to the agreement (for legal entities - protocols, decisions, orders);
• notarized power of attorney for a representative of a party;
• a copy of the registered lease agreement.

Registration of an additional agreement to the lease agreement is carried out at the request of one of the parties. Thus, the applicant can be either a tenant or a landlord. The only requirement of Rosreestr is that the state duty for registering an additional agreement to the lease agreement must be paid by the party that submits the application.

The period for registering an additional agreement to the lease agreement is the same as for registering the lease agreement itself, and as a general rule it is 10 working days. It is recorded in the receipt for the delivery of documents.

Within the specified period, the registrar records in the Unified State Register a registration entry indicating that changes have been made to the lease agreement and assigns a state number to such an entry.

Upon expiration of the registration period for the additional agreement to the lease agreement, the applicant is given two copies of the agreement, one for each party, with a mark from Rosreestr about its registration, including the date and state registration number.

For more detailed information about services for registering a lease agreement for premises or land, as well as additional information. agreements to it, please contact our specialists by phone: +7 (926) 011-50-75 , +7 (495) 642-45-97 .

A lease agreement for a building or structure concluded for a period of at least a year is subject to state registration and is considered concluded from the moment of such registration (clause 2 of Article 651 of the Civil Code of the Russian Federation). This rule also applies to the rental of non-residential premises (see, for example, information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated June 1, 2000 No. 53).

The lease agreement is registered as an encumbrance on the rights of the lessor of real estate (clause 1, article 4, clause 3, article 26 of the Federal Law of July 21, 1997 No. 122-FZ “On state registration of rights to real estate and transactions with it”). According to paragraph 2 of Art. 164 of the Civil Code of the Russian Federation, a transaction providing for a change in the terms of a registered transaction is subject to state registration. In this case, the corresponding legal consequences occur after such registration (clause 1 of the same article, see also clause 9 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 16, 2001 No. 59).

According to paragraph 2 of Art. 425 of the Civil Code of the Russian Federation, the parties have the right to establish that the terms of the agreement they have concluded apply to their relations that arose before the conclusion of the agreement. These rules also apply to additional agreements to lease agreements, since additional agreements are an integral part of the agreement (clause 1 of Article 453 of the Civil Code of the Russian Federation). Consequently, the effect of an additional agreement on changes in rent subject to state registration can be extended to relations that arose before the state registration of this agreement, for example, from the moment it was signed by the parties (Resolution of the Federal Antimonopoly Service of the Moscow District dated 05.05.2009 No. KG-A40/3448-09, FAS of the West Siberian District dated 05/17/2007 No. F04-2693/2007 (33872-A46-21), FAS of the North-Western District dated 03/07/2007 in case No. A56-9107/2006). From the moment of state registration of the additional agreement, the lessor has the right to demand payment of rent in a new amount (for the period from the date specified in the agreement) regardless of whether the parties began to fulfill the terms of the agreement even before registration.

As the Plenum of the Supreme Arbitration Court of the Russian Federation explained in paragraph 14 of Resolution No. 73 of November 17, 2011, if the owner transferred the property for use, and another person accepted it without any comments, an agreement on the amount of payment for the use of the property and on other conditions of use was reached by the parties and was performed by them, in this case it should be borne in mind that it bound them with an obligation that cannot be arbitrarily changed by one of the parties (Article 310 of the Civil Code of the Russian Federation), and the grounds for the court to apply the provisions of Art. 1102 and 1105 of the Civil Code of the Russian Federation are not available. A similar approach is illustrated by Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated September 6, 2011 No. 4905/11.

At the same time, within the meaning of Art. 164, 165, paragraph 3 of Art. 433, paragraph 2 of Art. 651 of the Civil Code of the Russian Federation, state registration of the agreement is carried out in order to create an opportunity for interested third parties to know about long-term leases (clause 3 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated February 25, 2014 No. 165). By virtue of Art. 308 of the Civil Code of the Russian Federation, the rights granted to a person using property under a lease agreement that has not passed state registration cannot be opposed to third parties. In particular, such a person does not have a preemptive right to conclude an agreement for a new term (clause 1 of Article 621 of the Civil Code of the Russian Federation), and clause 1 of Art. . 617 of the Civil Code of the Russian Federation (clause 14 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 No. 73).

Thus, in the event of the actual transfer of property to the tenant before registration of the lease agreement and the fulfillment of the terms of this agreement by the parties, the lease agreement gives rise to obligatory relations between its parties, regardless of its state registration, however, the terms of this agreement cannot affect the rights and obligations of other persons.

As judicial practice shows, the above explanations also apply to additional agreements (amendments) to an already concluded (registered) lease agreement due to its execution by the parties to the agreement (see, for example, resolutions of the Federal Antimonopoly Service of the Far Eastern District dated July 22, 2014 No. F03-2884/14 on case No. A24-4369/2013, FAS Moscow District dated July 1, 2014 No. F05-5473/14 in case No. A41-43555/2013, Thirteenth Arbitration Court of Appeal dated July 17, 2014 No. 13AP-11141/14, Tenth Arbitration Court of Appeal dated 02/27/2014 No. 10AP-782/14).

Thus, if the additional agreement specified in the question was not registered, but was actually executed (that is, the tenant began to pay rent in the amount established by this agreement), the obligations of the parties are considered changed, and the landlord has the right to continue to demand from the tenant payment in the amount established by the additional agreement to the lease agreement. At the same time, the absence of state registration of an additional agreement does not deprive the landlord of the opportunity, if necessary, to go to court with a demand for recovery of rent in the amount established by this agreement (see, for example, resolutions of the Federal Antimonopoly Service of the Moscow District dated April 24, 2013 No. F05-3173/13, FAS of the West Siberian District dated 04/03/2013 No. F04-198/13, Fifth Arbitration Court of Appeal dated 23.05.2013 No. 05AP-4431/13, Third Arbitration Court of Appeal dated 20.05.2013 No. 03AP-1529/13).

It seems to us that there is no reason not to apply the second part of the above explanations of the Presidium of the Supreme Arbitration Court of the Russian Federation in such situations. Consequently, the terms of the additional agreement executed by the parties, which is subject to state registration, but is not registered, create obligations only for the parties that signed it and have no legal significance for third parties. In this regard, the scope of rights and obligations arising for a new tenant or lessor in the event of re-tenancy or change of owner of the leased object should be determined precisely by the content of the registered agreement without taking into account the obligations that existed between the parties to the agreement in connection with their fulfillment of the terms of unregistered additional agreements to the agreement. This is also confirmed by judicial practice (see, for example, the resolution of the Federal Antimonopoly Service of the Ural District dated November 8, 2013 No. F09-11455/13 in case No. A07-14824/2012).

Today, the rental process involves drawing up a special agreement. But it is important to note that various additional factors often arise that must be officially mentioned in one way or another.

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To avoid drawing up a new agreement, you can simply draw up an additional agreement and officially register it with Rosreestr.

If necessary

The cost of real estate of various types today is quite high. That is why, if you need one for personal use, you can simply rent it. This will avoid many complications and difficulties.

But there are a number of subtleties associated with the formation of such relationships.

It is important to note that in order to draw up a contract, certain requirements must be met.

There are different types of contracts of this kind, depending on the duration of validity, as well as a number of different other factors. It is best to familiarize yourself with all these points in advance.

However, there is no strictly established form of the lease agreement. But there are some requirements for what clauses must be present in the agreement.

It is also important to note that the lease agreement must be properly registered in certain cases. The registration process has its own characteristics; it is defined in a special way.

Separately, it should be noted that the registration algorithm is carried out in each case on an individual basis. But at the same time, this process is carried out through Rosreestr. You just need to collect a certain list of papers.

Today, the determining factors influencing the need to carry out the contract registration process are the following:

• the status of the parties themselves who carried out the process of drawing up such an agreement;
• duration of action.

It is important to note that if a legal entity acts as a tenant or lessor, then it will be necessary to remember that the registration of the agreement with Rosreestr must be carried out in any case.

Regardless of other factors. It is also important to register if the duration of the contract is indefinite or more than 12 months in a row. Failure to comply with this requirement may cause serious problems.

It is also important to note that sometimes circumstances arise that require certain amendments to be made to the lease agreement.

In this case, you will need to carry out the registration process - but only if the agreement has previously been registered.

Again, additional agreements must also be drawn up as part of a special agreement. Whether the premises are residential or non-residential does not matter.

State registration of real estate, regardless of the form of ownership, should be carried out depending on various factors.

Including if there is not a direct lease, but an agreement is formed on the basis of a sublease. In this case, the issue falls under the scope of specialized legislative documents. The moment will need to be worked out in advance.

Step-by-step instruction

First of all, you need to remember the following nuances:

• the agreement itself must be drawn up within the framework of specialized legislation, without any violations;
• You will definitely need to collect documents and pay a state fee;
• Violation of the registration procedure will result in a fine.

The process of registering an additional agreement to a lease agreement includes a number of basic steps. It looks like this:

• the contract itself is drawn up;
• Next, a complete list of all documents required in this case is prepared;
• the state fee is paid, a receipt is printed;
• then all the necessary documents, along with a copy of the agreement, must be submitted to the Rosreestr branch.

Again, before proceeding directly to the registration process, it will be necessary to obtain advice on this issue from the competent authorities. In this way, it will be possible to avoid many complications and difficulties. It is not uncommon for registration to be denied.

Moreover, there are indeed appropriate legal grounds for this action. For example, the documents necessary for registration are missing, the state fee has not been paid.

Documentation

It is the issue of collecting a complete list of all documents necessary in this case that needs to be approached as responsibly as possible.

Moreover, the list differs quite significantly depending on the legal status of the individual who applied to the Rosreestr branch.

For example, in a standard case you will need to prepare the following documents for a legal entity:

• in the form established by state authorities;
• directly the original payment document regarding payment of the state duty;
• description of the object that will be used as a rental object;
• a power of attorney confirming the right to represent the interests of a specific legal entity;
• copies of the following documents (all of them must be properly certified):
  • the register of the organization itself;
  • confirmation of state registration of a specific enterprise;
  • a certificate confirming the introduction of certain amendments to the constituent documents - if this occurs;
  • charter - necessarily with all amendments, current version;

• extract from the BTI passport;
• directly a copy of the most amended form of the lease agreement or an additional agreement.

The list of documents required in this case may vary significantly. Everything depends directly on the status of the legal entity itself and other aspects. If the application is made by an individual, the process is somewhat simplified.

The standard set of documents required in most cases includes the following:

• application for the registration procedure for an additional agreement;
• the original of the payment document itself - recently there is no need to issue one, but it is advisable to provide one (since the electronic database in some cases is replenished with a delay);
• description of the subject of law;
• if there is representation of interests by a third party, it is necessary to provide a notarized power of attorney, as well as a passport;
• an extract from the BTI in a special form - in this case, the statute of limitations for issuing this document should not be more than 1 year;
• a copy of the premises' explication certified by the BTI;

• power of attorney for the right to conclude this type of agreement;
• a copy of the property certified by a notary;
• changes to the form of the lease agreement - again, these must be notarized.

Again, the list of documents required in this case differs quite significantly. It is important to note that the optimal solution is to obtain a preliminary consultation from Rosreestr itself.

This way you can reduce the likelihood of errors to a very minimum. The above documents are required in almost all cases without any exceptions.

Registration period

There are no exact, strictly defined deadlines for registering a lease agreement today. However, you should not delay the implementation of such a procedure.

Because otherwise, certain troubles may arise. It is best to implement all mandatory procedures within one month from the date of conclusion of the contract.

The situation is similar with state registration of various additional agreements. If possible, the process of registering an additional agreement should be completed as quickly as possible.

This will prevent many difficulties and complications. Separately, it should be noted that fines for failure to comply with legal requirements are quite large.

State fee for registration of an additional agreement to the lease agreement

The amount of the state fee for registration of an additional agreement is determined by the Tax Code of the Russian Federation. This moment is determined in each case the same. At the same time, the amount of the state fee for registering the contract itself and changes to it is the same.

State registration of additional agreements to the lease agreement

When an agreement is subject to state registration, it is considered concluded from the moment of registration, unless otherwise specified in the law - specified in paragraph 3 of Art. 433 Civil Code of the Russian Federation. In accordance with paragraph 2 of Art. 651 of the Civil Code of the Russian Federation, lease agreements for structures and buildings for a period of more than a year require mandatory state registration. The entry into force of such agreements, for example, such as the rental of a hall in Moscow, also begins from the moment

registration.

In paragraph 1 of Art. 452 of the Civil Code of the Russian Federation establishes that changes to a contract or termination of a contract can be made in the same form as the contract itself. The exception is cases specified in the law, other legal acts, contracts, and business customs.
By virtue of the above, any changes to the lease agreement that has passed state registration must also be registered by the state body as part of the agreement. This decision was made in the Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated January 27, 2009 N 11680/08.

However, the provision on the need for mandatory state registration of real estate lease agreements came into force only after Federal Law No. 122-FZ and the second part of the Civil Code were put into effect. In Art. 6 Federal Law No. 122-FZ states that the entry into force of this Law does not contradict the relations that arose before this moment, therefore the lack of state registration of previously concluded real estate rental relations does not make them invalid. At the request of the owners, state registration of such rights is possible.

Taking into account the above, in practice, many had to face an ambiguous question:

Is it necessary to register an additional agreement with government authorities if it makes changes to a lease agreement that was concluded before the Federal Law came into force? N122-FZ?

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 02/05/2013 N 11241/12 gave the answer: Federal Law N 122-FZ applies to legal relations that arose after the Federal Law came into force, as indicated in paragraph 6 of Art. 33 of this Law. Regarding legal relations that arose before the entry into force of the Law, it is said that the Law applies to the rights and obligations arising after the entry into force of the Federal Law. Hence the conclusion is drawn that additional agreements that were signed during the period of validity of Federal Law N 122-FZ, concerning the rights and obligations of the parties to the lease agreement, must be registered in the prescribed manner.

From these provisions it is clear that if state registration of an agreement is necessary, any changes and additions to this agreement will need to be registered in a similar way.

Agreements to a lease agreement, for example, renting an office for an hour in Moscow, that have not passed state registration, cannot be used to resolve disputes. This is due to the fact that an unregistered agreement does not give rise to rights and obligations for either party.

For example, Resolution of the Twelfth Arbitration Court of Appeal dated July 15, 2013 N A12-27756/12, in which the arbitrators came to the conclusion that additional agreements drawn up in 2006 and 2007 are not grounds for changing the amount of rent specified in the agreement, since additional agreements have not passed state registration in accordance with Art. Art. 433, 452 of the Civil Code of the Russian Federation. Agreements that have not undergone state registration do not give rise to changes in rights and obligations for the parties to the agreement.

Federal Law N 122-FZ and Order of the Ministry of Justice of Russia N 184 establish that for state registration, the parties to the transaction must provide a package of documents. This package includes documents establishing the emergence, transition, termination, existence or limitation of rights.

Carrying out state registration of an additional agreement to a lease agreement in accordance with the rules of Federal Law N 122-FZ indicates that the lease agreement and all additional agreements have been registered in accordance with the current Federal Law.