In modern economic conditions, land plots are often leased. In order to exclude possible misunderstandings in the use of land, when drawing up a lease agreement, it is necessary to comply with a number of mandatory requirements by concluding an appropriate agreement. The main rules for registering land are set out in the Land Code of the Russian Federation.
Necessary
- - Civil Code of the Russian Federation;
- - Land Code of the Russian Federation;
- - cadastral passport of the site;
- - plan of the leased area;
- - lease contract.
Instructions
Step 1
Check out the provisions of the Land Code of the Russian Federation governing the lease of land plots. Pay particular attention to article 27 of the code, which describes the restrictions imposed on the turnover of land. In paragraph 4 of Art. 27 contains a complete list of lands withdrawn from circulation and exclusively in federal ownership.
Step 2
Determine, guided by the Land Code of the Russian Federation, whether the plot you want to rent falls under the category of land withdrawn from circulation. It is impossible to conclude a lease agreement, in particular, if the land is under the jurisdiction of a national park or nature reserve, located within the boundaries of land allocated for municipal needs.
Step 3
Draw up a lease agreement for the plot. Use as a basis the standard form given in Chapter 34 of the Civil Code of the Russian Federation and the recommendations set out in the Land Code. Provide in the contract the amount of land rent; if the object of the agreement is municipal or state land, the issue of rent is within the competence of the government of the Russian Federation.
Step 4
Finalize the contract by agreeing on its details with the landlord. The land lease agreement must be executed in writing, and its notarization is not mandatory. If you find it difficult to draw up a contract yourself, seek qualified assistance from a legal agency.
Step 5
Make sure that the landlord in the contract indicates those persons who have the right to conclude it: owners or persons authorized by law (if the subject of the contract is municipal or state land). If this condition is not met, the contract may be invalidated, and you will incur unreasonable financial losses.
Step 6
Submit to the registering authority an application for registration of a lease agreement, attaching to it the cadastral passport of the plot, a land survey plan for the leased land, an expert opinion indicating the estimated value, calculation of lease payments, a receipt for payment of the state duty. The transaction will become valid only after the state registration has passed.
