All citizens or companies have the right to lease land from the local administration of each region. For this, the optimal period is chosen, agreed in advance with the authorities. Registration can be done in different ways, and also if a long-term lease is provided, then it will be possible to redeem and take ownership of the territory in the future. It is important to understand how the procedure is carried out, what documents will be required for this, and also what is the cost of the purchased site.
Legislative regulation
Before renting out land owned by the municipality, you should determine how this process is regulated.
The most important information is contained in Art. 624 of the Civil Code, which states that it is allowed to buy property with a long-term lease. This requires the tenant to pay the corresponding redemption price.
The legislation establishes restrictions, therefore, land leases can be carried out only in relation to certain territories. Additionally, certain areas cannot be redeemed at all.
The LC states that if different buildings and structures are being erected on the territory, the owners of these buildings can redeem the land under the objects.
The nuances of the process
If a person or company needs to receive for use a certain piece of land located in any region, then the most optimal solution is to make it out for rent. This requires contacting the municipal authorities. The nuances of leasing land from the state include:
- tenants can be individuals or different companies;
- even foreigners can count on receiving a site;
- land should be used for its intended purpose, so residential buildings can be built on it, farming is carried out or other actions are performed;
- companies in the territory can conduct business or engage in agriculture for profit;
- Before applying for a specific site, you need to find out what its category and purpose are;
- The registration process consists in preparing the necessary documents that are submitted to the administration with a statement.
To complete the process, different documentation may be required, since the number of securities is set by each region separately.
Grounds for renting territories
All the grounds used for registration of land for lease are prescribed in Art. 606 Civil Code. If the rental of municipal land is intended for the construction of a private residential building, then the contract is valid only until the end of construction. After that, it is required to redeem the site or extend the term of the agreement.
If you plan to use the site for agricultural work, then it is not allowed to erect a residential building on it.
The basis for the execution of such an agreement is the presence on the territory of the constructed facility or the need to engage in any activity.
What are the restrictions?
The law states that the administration cannot refuse to lease land to any applicant without good reason. But there are certain restrictions, as some lands cannot be rented. These include:
- land belongs to a nature reserve or park;
- the territory is occupied by the armed forces of Russia or state security agencies;
- the site is used by any educational institution;
- there is a cemetery on the ground;
- territory with buried chemical waste or radioactive substances;
- the zone is reserved for the protection of the country's borders.
If there is standard free land that is not used for any purpose, then it can be provided on a temporary basis to citizens or organizations. To do this, it is enough just to correctly compose an application, which is transmitted to other authorities with other documents.
How can I get a rental plot?
Initially, you should decide how to rent land. Two methods are used for this:
- Bidding. They are open, and the organizer is the municipal authorities. All areas that can be leased are identified on them. They should not have any burdens, and they should also be registered with the cadastre. First, the body that will conduct the auction is selected. It is this organization that determines the conditions for conducting tenders, and also sets the terms for the implementation of the process. Information that an auction will be held where citizens and companies can lease land from the administration should be notified in the regional media a month before the established date. During the auction, land is provided to the participant who offers the highest rent.
- Submission of an application to the administration, where a specific site is indicated. Under such conditions, a land lease agreement is drawn up directly between the applicant and the administration. After filing the application, you must wait until the administration staff determine the category and purpose of the site, and then establish the feasibility of providing it to the applicant.
When using the second method, it is necessary to wait a long time, since studies by the administration may take several months.
As soon as a land lease agreement is concluded, the tenant will have to conduct a cadastral valuation of the object, as well as register it with Rosreestr.
Land acquisition procedure
The process may vary slightly in different regions, but there are standard and necessary steps. How to rent land? The procedure involves the implementation of actions:
- a suitable site is selected for specific purposes;
- information on all free territories can be found on special regional sites, and a public cadastral map can be used where there are both occupied and free plots with a border mark;
- you can even contact the administration to get a list of lands that can be leased;
- then an application for land lease is formed;
- the application shall indicate personal data about the applicant, namely his F. I. O., TIN, address of residence, date of birth and information from the passport;
- if the application is submitted by the company, then its name, information about the management, legal address and TIN are indicated;
- the document must indicate which site was chosen by the applicant, namely his location and area, land purpose and planned work;
- if land is drawn up on the basis of participation in tenders, then in addition, the application shall indicate the bank account number on which there should be enough funds to make a deposit necessary for participation in the auction;
- the statement clearly states that it is required to obtain a plot for rent;
- other documents are attached to it, which include: a copy of the passport, a receipt confirming the deposit to participate in the auction, a copy of the TIN;
- if the company submits an application, then a copy of the TIN, constituent documents and extract from the Unified State Register of Legal Entities is required from it.
Both original documents and copies are required, and in the second case, they must be notarized beforehand.
Rules for drawing up a lease
If the application with the documentation is accepted by the administration, then you need to wait for a decision. If it is permitted to rent a site selected by the applicant, an appropriate contract is drawn up between the two parties. Lease of a plot of land should be provided officially and on the basis of the conditions of legislation, therefore, this agreement must prescribe information:
- the parties to the agreement are indicated, and the municipality acts as the lessor, and the tenant can be an individual entrepreneur, company or private person;
- The subject of the agreement submitted by the land plot is entered;
- the address of this property, its size, assigned category, type of permitted use and cadastral number are registered;
- the plan of the allocated territory is attached to the document;
- information on the lease term is provided, and this period can vary from 3 months to 49 years;
- indicate what the amount of the rent, as well as the procedure for making it;
- The obligations and rights are entered, as well as the responsibility of each party involved in the transaction.
If an agreement is drawn up for a period exceeding 12 months, then it must be registered with Rosreestr. If rent of agricultural land is required , then it can be taken for a maximum of 9 years. If it is planned to build a private building, then land can be provided for 49 years, as a result of which it can be further redeemed and made into ownership.
The terms of the lease of land are agreed in advance by the two parties. For this, the purpose of the site, its location and other factors are taken into account.
The nuances of long-term rental
Long rental periods are usually assigned for areas intended for the construction of a private residential building. For this, tenders are held, but some people can arrange land leases for 49 years without an auction. These include:
- beneficiaries of a particular region, and usually poor people, pensioners, veterans, or people with disabilities;
- people who own buildings located in this territory;
- citizens wishing to work on the land while registering a farm;
- persons who need land for individual housing construction or farming;
- people who have lost their land, as it was required for state needs.
The maximum long-term rental is provided only for 49 years. This period is indicated in the lease. When determining the term, the provisions of Art. 39.8 ZK.
How is the board size calculated?
The rent for the received plot can be determined in various ways. Before renting land, municipal authorities must identify its condition and assess the value.
To calculate the rent, the following methods can be used:
- calculation using the cadastral value of real estate;
- the amount of the fee is determined based on the results of the auction;
- payments are established when taking into account generally accepted rates and the market price of similar sites.
If land is provided without an auction, then usually the payment for it is calculated on the basis of the cadastral value. If this indicator has not yet been determined for the territory, then you will have to use the help of BTI workers for the calculation.
How is land registered in property?
If the territory is provided for long-term lease, citizens can use it for 49 years, and it can be issued to the owner.
Land from lease to ownership can only be transferred three years after its intended use. To redeem the territory, the following actions are performed:
- a statement is drawn up in which the citizen expresses a desire to buy out the land that is being leased;
- a lease document is brought to the local administration;
- the applicant must have only a passport with him;
- this application is considered within a week, after which a decision is made;
- if it is positive, then a redemption price is assigned;
- after its payment, title documents are transferred to the applicant;
- they must be contacted by the Rosreestr to register ownership.
After receiving an extract from the USRN, which indicates the new owner of the territory, the land can be used by a citizen or company for any purpose. Different transactions can be made with it, therefore it is allowed to sell it, exchange it for other territories, give or inherit.
Benefits of Long Term Rent
Making land for a long-term lease from the municipality has many advantages. The term of such a lease varies from 5 to 49 years. The benefits include:
- you can redeem the allotment three years after the use of the territory for its intended purpose, if no violations are identified by the tenant;
- the territory may be subleased, but for this it is necessary to notify the municipal authorities of the decision;
- on the site you can build different buildings and structures, if they are suitable for the intended purpose of the land;
- all natural goods available on the territory can be freely used by tenants;
- if there is a desire to terminate the contract, then you can do this at any time without having to pay fines or penalties.
Thus, free land in any region can be issued for rent. Tenants can be individuals or companies. The process is carried out by bidding or by applying for a local administration. The rental price depends on the cadastral price of the object or the fee that is set at the auction. Particularly attractive is a long-term lease that allows you to buy the territory. In this case, tenants should be well versed in what points should contain a lease.