Registration of a real estate lease agreement - non-residential or residential premises, as well as land plot- carried out by the authorized state body - Rosreestr and its territorial departments.
As of December 29, 2019, registration of a lease agreement for a premises or land plot in Rosreestr is required if it is concluded for a period of more than one year.
Services for registration of lease agreements in Rosreestr
- drawing up a real estate lease agreement;
- legal examination of documents submitted by the customer for registration of the lease agreement in Rosreestr;
- generating the necessary set of documents and submitting it to Rosreestr for registering a lease agreement for a premises or site, paying the state fee for registering a lease agreement if necessary;
- obtaining a registered rental agreement and transferring it to the customer.
Deadlines for execution and cost of services for registering a lease agreement for premises or land (as of December 29, 2019)
Submit your application
Registration of the lease agreement in Rosreestr is carried out within 10 days from the date of submission of documents.
The documents for registering a lease agreement for premises in Rosreestr vary in composition depending on who is the party to the transaction (individuals or legal entities), as well as on what object is being leased (residential or non-residential premises). Lease contract non-residential premises, concluded for a period of more than a year, is subject to registration with Rosreestr in any case. As for the lease of residential premises concluded for a long term, there are some peculiarities here. If an apartment rental agreement is concluded between individuals, not for the purposes of entrepreneurial activity, then it will be a property rental agreement and it is not subject to registration. If a rental agreement for an apartment/residential premises is concluded between an individual and a legal entity (most often individuals rent out their apartments to legal entities for business purposes, for example, for accommodation as a hotel or hostel), then such a rental agreement requires registration with Rosreestr.
Documents for registration of a lease agreement for non-residential premises for a legal entity or individual entrepreneur
- document confirming the authority of the representative legal entity act on behalf of a legal entity (original or a copy certified by the company and a copy, and if such a document is an act of an authority state power or a local government body - a duly certified copy, 2 copies);
- constituent documents of a legal entity (with all amendments and additions) (original or a copy certified by the company);
- a document confirming the authority of a person to sign a lease agreement by a person who is not a manager or other person acting on behalf of a legal entity without a power of attorney (original and copy, and if such a document is an act of a state authority or local government - a duly certified copy, 2 copies .);
- notarized consent of the spouse of the individual entrepreneur, or a notarized statement that he is not married;
- document confirming payment of state duty (original and copy);
- lease agreement with all attachments in 3 copies;
- written consent of the mortgagee to transfer the property for rent, if the property is pledged and otherwise not provided for in the mortgage agreement (original and copy);
- consent of the owner (the relevant state or municipal property management body) to lease property to a legal entity - when leasing property of state and municipal enterprises (original and copy);
- decision of the competent body of a legal entity to approve a major transaction or a transaction in which there is an interest (original and copy).
- if part of the property is rented out - a technical plan of the rented part of the premises (original and copy).
Since 2017, when renting out part of the premises (for example, a room on a floor or in a building), in order to register a lease agreement, it is not enough to indicate it on the BTI floor plan. It is necessary to register this part with cadastral registration in Rosreestr and simultaneously register the lease.
In turn, in order to register the rented part for cadastral registration, it is necessary to carry out measurements and prepare a technical plan of the premises. These works are carried out by cadastral engineers (the cost of services is 20,000 rubles).
Who pays the state fee for registering a lease agreement?
Registration of a lease agreement in Rosreestr is carried out at the request of one of the parties. Thus, both the landlord and the tenant can apply for registration. Usually the parties decide this when concluding an agreement or stipulate it as an obligation of one of the parties. More often, such an obligation is borne by the tenant, but sometimes, for example, if an agreement is concluded between the landlord, an individual, and the tenant, a legal entity, it is more profitable to pay the state duty to the landlord, since its amount is much smaller.
The only rule is that the state duty is paid by the party that will be the applicant when registering a real estate lease agreement in Rosreestr.
Fee for registering a lease agreement (as of December 2019):
- 22,000 rub. - for legal entities;
- 2,000 rub. – for individuals.
For more detailed information about services for registering a lease agreement for premises or land, please contact our specialists by phone: +7 (926) 011-50-75 , +7 (495) 642-45-97 .
If you are ready to rent an office, but do not know what documents you may need, then this is the place for you!
There are three types of lease agreements for non-residential premises:
1. Short-term - the agreement period does not exceed 364 calendar days. This option is the most common because it allows for maximum short term rent a room. At the end of the term, you will not have to move - you will simply need to sign a new contract for the same period.
2. Long-term - the agreement period is more than 1 year. They are subject to mandatory registration and are considered invalid without it.
3. Indefinite (only the date of signing the contract is indicated, and the expiration date is not indicated. They practically do not occur, but the conditions are usually the same as for short-term ones.
What documents are required from you:
If you are an LLC, then you need copies of all constituent documents:
Decision (Minutes of the meeting of founders) on the creation of an LLC;
- Order on the appointment of the General Director;
- Articles of association;
- Memorandum of association;
- Order on the appointment (assignment of duties) of the chief accountant;
- TIN certificate;
- OGRN certificate;
- Latest extract from the Unified State Register of Legal Entities.
If you are an individual entrepreneur, then the list is as follows:
Certificate of state registration individual as an individual entrepreneur (P61001);
- Extract from the Unified State Register of Individual Entrepreneurs (USRIP);
- Notification of registration of an individual with the tax authority (Form No. 2-3-Recording).
Some business centers allow individuals to rent an office. In this case, you will be required to provide your passport details and a notarized power of attorney.
What documents should you require from the business center:
All the same Constituent Documents as listed above;
- Direct lease agreement;
- An act confirming the moment of acceptance - transfer of the property;
- Cadastral passport for the property. It contains data about total area rented premises. If only part of the premises is rented out, it is necessary to provide a cadastral passport of the entire building, which will clearly indicate the parameters of the rented area;
- Certificate confirming the fact of ownership;
- A receipt that confirms the fact of payment of state tax;
- Agreements with utility structures that supply all necessary communications (water, electricity, heat) to the facility. When the premises are transferred to the tenant, he must check the readings of all meters and check for any debt for the provided utilities.
Look for information about the rental agreement itself
The cost of real estate, including non-residential type, is relatively high. That is why optimal solution there will be registration of such for rent.
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This process has its own subtleties and features. First of all, you need to remember the need to draw up a lease agreement for such premises.
On this moment exists a large number of a variety of nuances, the observance of which will need to be remembered without fail.
You will also need to prepare a number of additional documents. Separately, it is worth noting the need to consider the legislative norms within the framework of which such agreements should be drawn up.
General points
Today, the process of registering non-commercial real estate for rent has its own nuances.
An agreement on the transfer of such real estate for temporary use allows you to avoid a variety of difficulties and conflicts.
Since it is with the help of this type of agreement that it will be possible to prevent the emergence of various types of conflicts, difficult situations. The agreement will make it possible to clarify the relationship between the tenants and the landlord.
The format of the agreement is not established at the legislative level, but there are a number of points that must be reflected in such a document without fail.
All the subtleties will need to be sorted out first. Since if the standard conditions for drawing up one are not met, it can simply be declared invalid - in court.
Before you begin to draw up this type of contract, you will need to understand some fundamental issues.
These primarily include:
- what do you need to know?
- Is registration mandatory?
- regulatory regulation.
What you need to know
First of all, you will need to understand in advance the terminology that is used to draw up a lease agreement and legal norms.
The main ones will include the following:
- lease contract;
- tenant;
- landlord;
- rental object;
- rent.
All the concepts outlined above are used in regulatory documents that define the issue of regulating the drafting of a contract of this type.
These terms are also used in the lease agreement. A lease agreement means the agreement itself, within the framework of which real estate is transferred for temporary use to another subject of the relationship.
Accordingly, the use of property for any purpose, regardless of such, implies payment of rent.
This amount transferred from the tenant to the landlord is referred to as “rent”.
A preliminary familiarization with all the terms outlined above will allow you to easily understand the regulatory documents that govern this kind of relationship.
Is registration required?
Today, ordinary citizens often have questions about the need to register a lease agreement with Rosreestr.
This issue is being determined today.
According to this regulatory document, the corresponding lease agreement is subject to mandatory state registration.
In this case, an exception is made only for individual cases, which in turn are also determined by law.
In this case, it is necessary to remember the existing condition, under which the lease agreement must be registered. This moment is being established.
According to this normative document The lease agreement must be registered only if its validity period is at least 1 year.
The countdown period for this period of time is precisely the moment the agreement is concluded.
This rule applies to all lease agreements without any exceptions - both non-residential, commercial and residential. Registration is carried out in the standard manner.
The package of documents that will need to be provided in this case may vary slightly, depending on the type of real estate.
There is also a list of situations when it will be necessary to conclude one. There are a lot of different difficult points that will need to be studied in advance.
It is also established that only real estate that is included in a certain list is allowed to be rented out to individuals or legal entities.
At the moment, a certain list of objects that appear in the law, which for a number of different reasons cannot appear in this type of agreement, can be rented out for temporary use.
This point will need to be worked out in advance. The mode in which property is provided to the tenant is indicated in.
The lessee is obliged to provide the use of real estate that is in satisfactory condition.
There is a certain penalty for this - again within the framework of this code. All nuances, as well as the boundaries of responsibility, are indicated in.
The moment of the value of the board in . If possible, you will need to understand all the nuances of the NAP in advance.
There is a fairly extensive list of nuances and subtleties. Reviewing legislative norms in advance will allow you to monitor compliance with your rights without outside help.
If any of the participants in such relationships believes that his rights have been violated, then he should go to court.
But again, it is worthwhile to first try to resolve the controversial issue in a pre-trial manner.
List of documents for registration of a lease agreement for non-residential premises
Compliance is strictly mandatory for all subjects of such relationships without exception.
At the moment, there are quite a large number of subtleties and nuances associated with registering a lease agreement for non-residential premises.
Separately, it is worth noting some fundamental questions in this case:
- what papers will be needed;
- where to contact;
- procedure;
- nuances for individual entrepreneurs.
What papers will you need?
The documents necessary for registering a lease agreement for non-residential premises must be collected in advance.
The list of these is standardized, but may differ slightly depending on certain factors.
For legal entities that will register a lease agreement, you will need to collect the following papers:
- a statement drawn up accordingly;
- original document confirming payment;
- description of the subject of law itself;
- certifying the right to represent interests;
- organization registry card;
- if there have been changes in the founders, you will need to familiarize yourself with this point;
- copy with changes;
- , issued by the Bureau of Technical Inventory;
- a copy of the lease agreement - it must be notarized;
- If there are changes to the lease agreement, you will also need to provide copies of such documents with all changes.
Separately, it is worth noting that the list of documents for individuals for registration is somewhat different.
This includes the following:
- application for registration;
- payment document confirming the fact of payment of the duty;
- description of the subject of law;
- if documents are submitted by an authorized person - a properly executed power of attorney;
- physical person registry card;
- a copy of a document that identifies a specific citizen (RF passport);
- extract from the passport of the Bureau of Technical Inventory;
- explication;
- power of attorney to enter into an agreement.
A package of documents for registering a lease agreement for non-residential premises must be drawn up taking into account the requirements of the law.
The absence of a list of mandatory requirements is grounds for refusal to register the agreement.
Where to contact
The process of registering a lease agreement is standard, but this procedure can be carried out in different institutions:
- Rosreestr branch;
- through the Multifunctional Center.
At the same time, the list of papers required for registration is completely standard.
Video: concluding a lease agreement
It is only important to take into account that the Multifunctional Center is not present in all municipal associations without exception.
Procedure
The registration procedure itself is completely standard. If possible, you should obtain advice in advance regarding registration.
Familiarize yourself with the list of documents required in this case, as well as other points. Registration includes the following basic steps:
- drawing up a rental agreement;
- collection of all documents required in this case;
- payment of state duty in the prescribed amount;
- appeal to the authorized body.
Nuances for individual entrepreneurs
An important point is the legal, civil status of the specific landlord and tenant.
We are all accustomed to the fact that it is necessary to register ownership of real estate, but state registration is also possible if the premises, both residential and non-residential, are rented for 12 months or more. At the same time, a long-term lease agreement for non-residential premises is also registered in Rosreestr (Federal Reserve Office for Moscow), as well as sales and purchases.
By the way, only after the registration of the lease right occurs, the lease agreement begins to have its legal force (Article 2 of the Federal Law No. 122 of July 21, 1997), that is, the agreement simply does not bear it, although this practice is found everywhere. Therefore, a lease agreement is most often drawn up for a period of no more than 11 months, so it does not have to be officially registered.
It’s easier this way, of course, but you won’t have the feeling of security that you actually own, albeit temporarily, the premises and they won’t be able to kick you out, raise the price, oblige you to pay for other services, etc., which, unfortunately, is very common happens in practice both in relation to residential and non-residential real estate.
Therefore, if you want to be confident in the future and that you will be able to use the premises for a certain period of time, which is stipulated in the contract, it is much better if the registration of the lease agreement for non-residential premises occurs after all.
How to prepare for registration of a lease agreement for non-residential premises
To register a lease agreement with Rosreest, you need to submit a whole package of documents, which we will write about in detail below. This can be done either by one of the participants in the transaction (the owner of the premises or the future tenant), or by an authorized representative or a company specializing in registration. The main thing is that everything is completed correctly and the registration of the lease is successful.
However, in order for the registration of lease agreements for premises to be successful, it is necessary from the first stages of preparing the transaction to be very attentive to various details: the choice of premises, rental conditions, documents on ownership and the owner himself, how much dialogue is possible, etc. That is preparatory stage transaction is very important and it applies to any objects, both expensive and not so expensive. After all, in any case, you will have to pay not only for rent, but also for registration, paperwork, etc.
It is also best to involve specialists in preparing documents and conducting a transaction. These can be lawyers, registrars, and competent realtors. By the way, if the registration of a lease agreement for non-residential premises is carried out with the participation of credit funds, that is, a bank is involved in the transaction, then this will be an additional fairly reliable verification of the entire package of documents: for the premises, contracts, etc.
After all, banks are always interested in the success of the transaction, so they involve their lawyers in these procedures. And for tenants and landlords this will also be a big plus and perhaps even save money on lawyers. The main thing here is to take into account all the nuances of the loan in order to successfully use the premises in the future.
In addition, a notary can participate in the execution of the transaction, which can provide some advantages, for example, in this case, the notary himself will be able to submit an application for registration of the lease right with the Federal Reserve Office.
Deadline for registering a lease agreement
The lease agreement is registered in Rosreestr within 10 working days, as is the purchase and sale agreement. Transaction data is entered into the Unified State Register. register of rights (USRE), and special regulations are placed on contracts. marks: stamps and records.
However, if errors are found or there are insufficient documents, the registration period may increase, and the person who registers this transaction will be contacted to make the necessary adjustments or submit additional information. documentation. Therefore, it is necessary to leave it in reg. body contacts for communication.
After the registration of a lease agreement for non-residential premises (or residential premises) occurs, the tenant and the landlord must each have one copy of the agreement in their hands. Such an agreement will be the main feature of the legal right to lease.
Registration cost (state fees):
- for physical persons - 2000 rubles;
- for legal entities persons - 22,000 rub.
Documents for registration of a lease agreement for non-residential premises
So, as we have already written, in order to register the right to lease, you need to submit a whole package of documents to the Federal Reserve Office. This can be done either by the participants in the transaction themselves or by other persons by proxy. The success of registration will depend on whether everything is completed correctly, whether all documents are attached and in the required number of copies. In general, the following documents and information will be required from the owner and tenant:
for physical persons:
- document that identifies the applicant (most often a passport) - original;
- state payment receipt fees (copy and original);
- power of attorney or other relevant document, if the applicant is a third party - original and copy;
- power of attorney or other document for the person who signed the lease agreement, if this was done by a third party - original and copy;
- consent of the spouse (certified by a notary) or a document indicating that the object is not owned by the spouse if the participant in the transaction is married;
- other documents.
for legal entities persons:
- application (original) about the state registration of a lease agreement, which is submitted by the owner or future tenant or a person by proxy, or a notary, if the agreement was executed by a notary;
- the lease agreement itself is the original, at least 2 copies (with all attachments);
- a document that identifies the applicant (most often a passport) representing a legal entity. face - original;
- a document that certifies the applicant’s authority to act on behalf of the legal entity. persons - original or copy (certified by a notary);
- cadastral passport (issued after 2008) or other document issued earlier, if available - original and copy;
- certificate of ownership of the premises - a copy (certified by a notary);
- legal constituent documents persons - original or copy (certified by a notary);
- extract from the Unified State Register of Legal Entities - original;
- INN, OGRN certificate - copies (notarized);
- decision on the transaction from the (competent) legal authority. persons - original and copy;
- other documents.
As we noted earlier, in addition to the specified documents in reg. The authority may request additional information or documents if a shortage is discovered. In addition, they may also contain errors, inaccuracies, expired dates of use, etc., which will also entail additional charges. questions and actions. Therefore, be careful when preparing the entire package of documents so that the registration of a lease agreement for non-residential premises goes as smoothly as possible.
Let's summarize:
So, as you can see, registering a lease agreement for non-residential premises is a procedure that can be carried out by a non-specialist, but it is still much better if you involve professionals: lawyers, registrars, realtors, etc. After all, it is important not only to correctly draw up and prepare all the documents, but also take into account the interests of both parties, and competent specialists will help with this. Be careful and as responsible as possible when dealing with real estate!
See also:
The need to register a lease agreement arises when it is concluded for a period of one year or more. Why is registration necessary? Isn’t it easier to sign the contract, transfer the official payment and calmly use the premises? No, it’s not simpler... The legislator quite reasonably established the requirement; it arose as a response to a huge number of lawsuits in which the plaintiff sought to prove one single fact - the lease is real.
Disadvantages of signing a long-term lease agreement without registration
- The right to use the premises can be transferred to third parties (with the consent of the owner);
- There is no compensation for repairs or closure of the building;
- There may be a sudden increase in rent, unplanned utility bills;
- Additional services may be imposed (for example, for security, concierge, etc.);
- When renting a commercial space, there is complete uncertainty for an indefinite period (sorry for the tautology, but this is true).
It may seem to you that a contract was invented for all these points. Yes, of course, you are right. But if it is not registered, the contract is considered invalid by law, and only the provisions of the Civil Code will be taken into account Russian Federation. Believe me, this is not the best option.
And further! If the rent is registered in a timely manner, it can be deducted from the tax base. Find out more about this from our lawyers.
How to register a long-term lease agreement for a premises (building)
This type of agreement involves its execution in the form of a single document signed by both parties (the pages are numbered and stapled). It is advisable to sign both parties (tenant and landlord) on each page. Otherwise, some of the content may be replaced, and a technical examination of the document will be necessary. Not a cheap pleasure.
The signed contract with a full package of accompanying documents is sent to the Rosreestr Office. The most important document is the acceptance certificate of the premises. The law does not oblige you to sign it before registering the transaction, but according to the meaning of the agreement, it is advisable to inspect and accept the object before visiting the registration authority, since it will be difficult to prove the non-compliance of the leased object later. The transaction is registered and an entry is made in the Unified State Register of Rights to Real Estate and Transactions with It (USRP). The tenant receives a statement confirming his right to use.
What documents are required to register a long-term lease agreement for a premises (building)
For legal entities:
1.
Paid state duty (22,000 rubles);
2.
Registration documents of the tenant and landlord (IN, OGRN, extracts, etc.);
3.
4.
5.
Documents confirming the powers of the applicants (powers of attorney, orders of appointment to positions, etc.);
6.
Technical documents to the rental object;
7.
8.
9.
For individuals and individual entrepreneurs (when renting residential premises from the owner - an individual):
1.
Three copies of the signed lease agreement;
2.
Certificate of registration of ownership of the premises;
3.
Technical documentation;
4.
Applications for registration of an agreement;
5.
Acceptance and transfer certificate of premises;
6.
Paid state duty (2000 rubles);
7.
Photocopies of passports;
8.
Documents supporting third party claims (for example, permission from the landlord's spouse);
9.
Other documents required by law.
Confirmed by years of work - drawing up a package of documents is difficult for 99% of owners. And the problem is not at all the illiteracy of the applicants. The main reason is legislative confusion and the lack of established connections between government agencies. There is no single form for certificates and statements, there is no uniform form of stamps, and the time frame for receiving a particular certificate varies greatly. As a result, the applicant becomes even more confused and over and over again brings papers unsuitable for work to the registration authority.
Is it possible to simplify registration?
Contact us!
Lawyers of the Antey company prepare long-term lease agreements, conduct a legal examination of existing agreements and register them with the Department federal service state registration, cadastre and cartography in Moscow and the Moscow region.
We will quickly prepare a complete package of registration documents for you, provide competent advice and do everything to ensure that the registration of rights goes quickly and without problems. For us, there are no lines that are too long, procedures that are too complicated, or contracts that are too complex.
The duration of the service is up to 20 days. It is purely individual and depends on the completeness of the document provided by the client and the volume of services he needs.
Service cost:
We provide a range of services for registering a long-term rental agreement for premises: we draw up tests of agreements, conduct a legal examination of your agreement forms, restore unusable or missing certificates and forms, support the transaction with the Federal Reserve System, etc. The cost of services is from 15,000 rubles.
The state duty as of January 1, 2016 is: for an individual - 2,000 rubles, for a legal entity - 22,000 rubles. There are preferential categories of citizens who are exempt from paying state taxes. Find out more from our lawyers after signing an agreement on providing legal assistance.
We will be happy to help you!
Important! The legal information provided in this article should not be taken as a guide to independently registering a long-term lease agreement for premises. Civil legislation changes regularly, and today the requirements for acts and procedures may differ greatly from those of yesterday. Any actions to register contracts require a face-to-face consultation with a lawyer..