We conclude a sublease agreement. About what leases are subject to state registration. We understand the nuances subject to the registration contract of the sublease

The risks at the conclusion of the Subarente Agreement as we have said, in the Rental Rental Agreement initially should be spelled out the provision that the delivery of premises in the sublease is possible only with the written consent of the owner. If we are talking about sublease municipal propertyThis means that for his rental subsender needs to receive agreement municipal Education, that is, to get the signatures of a number of metropolitan officials, to which, naturally, no one will turn. So, in view of the complexity of the "legitimate" method documentary Subarend transactions, sellers of legal addresses decided to go along the way the least resistance and came up with excellent, in their opinion, exit from the situation.

The consequences of the lack of state registration of the lease agreement (Sorokin a.)

At the same time, the court correctly established that the tenant took measures state registration Only after termination of the lease agreement, the contract, in turn, was terminated in connection with the failure of the entrepreneur for state registration of the lease real Estate. Under such circumstances, the courts recognized that the actions of the Company one-sided termination A controversial lease agreement and coordinating the entrepreneur to the liberation of the occupied premises correspond to the law and conditions of the lease agreement, and therefore refused to satisfy the claim (definition Supreme Court RF of 03/25/2015 in case No. A29-6329 / 2013).

According to Article 432. Civil Code RF Agreement is considered to be concluded if an agreement has been reached in the required form in the required form essential conditions contract.

We conclude a compare agreement

• within the limits of the Rental Agreement;
• with mandatory state registration of contracts concluded for more than 1 year, etc.

Residential real estate Subaren agreement on residential real estate is subject to mandatory state registration in the following cases: the term of the agreement exceeds 1 year, the sub-one is concluded on the basis of a lease agreement for residential premises Sometimes citizens settle in living spaces Based on the contract of hire, which is not subject to registration and, accordingly, on the basis of this document, it is impossible to transfer the property to third parties to the Pack of paper for the full state registration of a sublease agreement on residential or commercial real estate, it is necessary to provide employees of the Registration Chamber at the place of making a deal necessary documents.

Registration of the Subares Agreement in Rosreestre

When recognizing a lease agreement, the sublease agreement is invalid (definition of the Supreme Arbitration Court of the Russian Federation of 19.11.2007 in case No. A60-34498 / 2006). Decree of the FAS. Central District dated April 28, 2008 in case No. A14-6148 / 2006 The lease agreement was recognized as inconclusive, and the contract of sublease of the same property is negligible by virtue of Art.
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Civil Code. In a similar case of the Russian Federation acknowledged the contract of the sublease inconclusive (determination of the Supreme Arbitration of the Russian Federation of 19.11.2007 in case number A60-34498 / 2006). According to another legislator, to regulate the issue of the state registration of the lease agreements concluded from March 01, 2013.

Immediately alleged that the leading positions of the inverse force do not have, that is, the rental relations arising before "March 1" of March 2013 do not distribute their actions.

Sublease

The rule that the main condition of the sublease is the presence of the agreement of the landlord, is imperative (ie, it requires unconditional performance) and cannot be changed by other provisions of the contract. So, if the subarent agreement will include a condition that the tenant is entitled to take property to the sublease without the consent of the landlord - this provision of the contract will be simply invalid.

Attention

As for the timing of the subare agreement, it cannot be concluded for a period exceeding the term of the lease agreement. In the event that the lease agreement is extended to indefinite term - This provision can also be applied to the sublease treaty.

In addition, the tenant cannot convey to the sublerdator more rights in possession and use of property than has itself in accordance with the terms of the lease agreement. Another important point.

Sublease non-residential premises

Important

The court on this issue supports the landlord and satisfies his requirements, and also draws attention to the fact that the sublendator should be aware of the need to obtain the consent of the landlord and at the conclusion of the contract, it needs to be exercised by the adoption of 18 AAS of September 15, 2014 No. 18AP-9711/2014. In the event that the sublease agreement is invalid, the subtenant will be obliged to return to the tenant (subletoder) rented property.

2 tbsp. 167.

Civil Code. At the same time, the tenant (subletoder) should not return to the Subarentor they received payments, as they are a fee for the actual use of the property support of the FAS MO of 08.07.2014 No. F05-6553 / 2014. Tax consequences and now consider the consequences of an inconsistent lease if taxes have revealed.

Most of all in the situation described by us risks the sublepenter.

The consequences of delivery of property in the sublease without the consent of the landlord

Civil Code of the Civil Code of Subares Agreements apply rules on lease agreements, unless otherwise established by law or other legal acts. In accordance with paragraph 4 of Art. 421 of the Civil Code of the Russian Federation The terms of the contract are determined at the discretion of the parties, except when the content of the relevant condition is prescribed by law or other legal acts (Art. 422). In cases where the condition of the contract is envisaged by the norm, which is applied to the inspection, since the Agreement of the Parties is not established otherwise ( disposable norm), Parties may exclude their use by their Agreement or establish a condition other than those provided in it. Controlly p.
1 tbsp. 422 of the Civil Code of the Russian Federation The contract must comply with the rules established by law and other legal acts ( imperative standards), operating at the time of its conclusion. The name of paragraph 2 of Art.

In a letter from 01/22/2013 No. 3.3-6 / 94 Chairman of the State Duma Committee on Civil, Criminal, Arbitration and procedural legislation P.V. Krasheninnikov stressed that the requirement of mandatory registration of real estate transactions with "March 01 March 2013" does not apply, however, importing immovable property will continue to be subject to state registration.

Later, on the conference "last January 24-25, 2013 Civil law Russia: the results of the year "P. V. Krasheninnikov said that officials do not perceive the rent as an encumbrance, which in accordance with the GK can register.

However, in the letter it is indicated that due to the abolition of the lease agreement, rent (lease law) will be registered as an encumbrance on the basis of a real estate lease agreement.

The consequences of not registering a substrate sublease agreement

In this article we will try to identify all the advantages and disadvantages of this form of the contract, and we will also figure it out in all the intricacies of transactions concluded under the Subare Treaty. Subarenda is that this is in accordance with the Subarend law under the Civil Code of the Russian Federation: according to paragraph 2 of Article 615 of the Civil Code of the Russian Federation, the tenant has the right to hand over the leased property to the sublease and transfer his rights and obligations under the lease agreement to another person.

Simply put, the sublease of the room is the passage by the tenant rented by the premises of the room for rent to a third party, where the subtenant - it may be both a legal entity, and a private person and IP. The complexity of such a transaction is to participate in it three (and not two, as with a simple lease) of the parties.
In this regard, the transaction occurs whole line nuances.
Rosreestra, such a requirement allows state structures To keep records of real estate and monitor the legitimacy of transactions with them. Compliance with the term of the lease agreement The subare deal cannot be concluded for a term longer than rental, otherwise, such actions of the tenant can be considered as fraud and measures will be applied to it. public law and order Registration of the Legal Address under the Subares Agreement The legal entity may be registered by legal address Based on the Subares Agreement, the State Registration of the Subares Agreement If the Subaren agreements are scheduled for a period of more than 1 year, the documents confirming the conclusion of the relevant agreement are subject to mandatory state registration in the Russian authorities. Based on Art.
In the consequences and risks of the lack of state registration of the lease agreement makes it possible to understand the analysis judicial practice. First of all, it is worth determining the objects subject to state registration under the lease agreement. According to paragraph 2 of Article 609 of the Civil Code of the Russian Federation, the lease of real estate is subject to state registration, unless otherwise established by law. The lease agreement of 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 this registration (paragraph 2 of Article 651 of the Civil Code of the Russian Federation). In the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of 01.06.2000 N 53 "On the state registration of rental contracts of non-residential premises" it is indicated that the lease agreements of any non-residential premises The rules of Article 651 of the Civil Code of the Russian Federation are applicable.
A53-17516 / 2009).

• - The lease agreement of real estate, a duration of less than a year, but the term of which expires on the last day of the previous month of the next year (i.e., from 01/01/17 to 31.12.17), it is equal to the year and is subject to registration (paragraph 3 of the information letter Presidium of the Russian Federation dated January 11, 2002 No. 66 "Review of the practice of resolving disputes related to rental").
• -P.2 Art. 164 of the Civil Code of the Russian Federation "The transaction, providing for the change in the terms of the registered transaction, is subject to state registration."

Legal consequences of an unregistered lease agreement in accordance with paragraph 1 of Article 164 of the Civil Code of the Russian Federation, in cases where the law provides for state registration of the transaction, legal consequences Transactions are coming after registration. However, in accordance with paragraph 3 of Art.

The service for registration of the contract sublease of non-residential premises includes:

• Legal analysis of documents submitted by the Customer on the object of real estate to register the contract of sublease of non-residential premises.
• Preparation and formation of a set of documents necessary for state registration of the contract of sublease of non-residential premises.
• Submission of documents to Rosreestr, control and monitoring of state registration of the contract of sublease of non-residential premises, receiving a registered contract and transfer to its customer.

The list of documents required for state registration of the contract of sublease of non-residential premises:

• The originals of the sublease agreements in an amount equal to the number of contract participants, and one copy for the registering authority with the act of receiving the premises (if at the time of the conclusion of the ACT contract signed).
• Registered lease agreement (copy).
• A document confirming the payment of state duty for registration (script).
• The document confirming the consent of the owner to surrender to the sublease (in the absence of consent in the rental agreement) (original and copy, certified by notarized).
• Constituent and statutory documents of companies, certified by notarized (Certificates of OGRN, TIN, Charter, decisions / orders to appoint the Director General).
• Documents confirming the powers of sole executive organ /managing organization (Order, Protocol, decision, including documents on the extension of authority) (a copy, certified by the seal and signature of the Director).
• The decision of the Plenipotentiary Bodies of the Member States of the Treaty on its conclusion (if such a decision is necessary in accordance with the Charter of the Organization or current legislation) (Copy, certified by the Organization).
• Power of attorney for the right to conclude a contract if he signed by the representative of the Participant of the Treaty (a copy certified by the Organization).
• Notarial power of attorney on our employees to represent interests in management Federal Service State registration, cadastre and cartography from one of the parties of the transaction.
• Other documents that established by law Cases are necessary for state registration, including to verify the legality of the transaction, including:
  • the written consent of the pledgee to the transfer of the property for rent, if the object is in pledge and otherwise not provided for by the agreement on mortgage (original and copy);
  • the consent of the owner (the relevant state management body of state or municipal property) for the transfer of property to the legal entity for rent - when leased by the property of state and municipal enterprises (original and copy);
  • decision of the competent authority legal entity Approval large transaction or the transaction in which there is an interest (original and copy). The absence of such a document as part of the submitted documents confirms that the transaction is not large for a legal entity, it is also not a transaction in which there is an interest.

Transactions related to the registration of sublease treaties are regular and no less popular than rental transactions. Subares, land, buildings, buildings, houses and other objects can be subject to subjects of sublease agreements, which in the process of their use do not lose their natural features and properties.

Along with the lease agreements, registration of the contract of sublease of non-residential premises It is also obligatory if the contract is concluded for a period of more than one year.

Registration of the contract of sublease of non-residential premises is sometimes no less, and sometimes even more difficulties than registration of the lease agreement. This is due to the set of nuances that must be taken into account and prescribe at the conclusion in the contract of the sublease. In essence, this check at the same time two registration actions.

When analyzing and checking a set of documents, the possibility of putting premises in the sublease, the area, the amount of transmitted premises, the possibility of obtaining permissive documents from the owner (this is especially important if these non-residential premises are state and municipal property or are pledged). Failure to comply with any of the above conditions can be the cause of refusal to register the Subaren to contract and cause other losses of the company.

Another common time is the deadline for registration of documents in Rosreestre, established by law, and the size of the state duty. For the implementation of registration actions to register the contract of sublease non-residential premises national tax in the amount of 22,000 rubles. for legal entities and 2 000 rubles. For individuals. Just as in the case of lease, registration takes two weeks.

For more information and free consultation On the issue of registration of the contract sublease of non-residential premises, call by phone: +7 495 748-7580.

In what cases is required to register the contract of sublease of non-residential premises?

Mandatory registration of the Subares Agreement in the UFRS (the Office of the Federal Registration Service) is necessary only if the term of the subsend contract exceeds 11 months.

At the same time, it should be noted that the term of the subarente agreement may not exceed the validity period of the main lease agreement. Also prerequisite And the requirement for registration in the Fed of the Subarente Agreement is the presence of a registration and lease agreement.

A mandatory state registration is also subject to any other changes that you contribute to long-term lease agreements.

What consequences will occur if the contract does not register in installed manner?

In the absence of registration, the sublease agreement will be considered insignificant. Accordingly, the most risks carry the subtenantor, since there is no reason in the rented room. For the landlord, the risk is the absence of a serious penalty for late payment of rent, as well as in the case of a controversial situation - the need to proof and confirm the actual emerging rental relationships.

The following situations are found: the contract itself is registered, and supplementary agreement did not register. In this case, the contract is valid exclusively in the form in which it was before the adoption of relevant changes.

Which property object can be transferred to the sublease?

In addition to individual non-residential premises, buildings, buildings, structures, parts of the room, land plots and other isolated can also be transferred to the sublease. natural objects.

What documents are needed for state registration of the contract of sublease of non-residential premises in St. Petersburg?

1. Statement issued in the prescribed manner;
2. Payment order or receipt confirming the payment of state duty;
3. Applicant passport when contacting trusted face -power of attorney;
4. The sublease agreement (rent) of non-residential premises at least in 2 copies;
5. The cadastral passport of the room or building, if part of the building, facilities, facilities are handed over to the sublease;
6. Constituent documents on the sublendator - if the subtenantor is a legal entity, a notarized copy of the passport - if the sublepenter is an individual.
7. In cases stipulated by law It is also necessary to apply other documents: the consent of the mortgagee or the owner of the premises, the approval of the transaction by the founders of the landlord, the consent of the spouse or a statement about the absence of marriage and other.

Why should I ask for help for registering a contract of sublease non-residential premises to us?

Our lawyers offer you a comprehensive accompaniment of the procedure for registering a lease agreement (sublease): compiling a contract, legal expertise Already a prepared lease agreement (sublease), compiling without your participation or consultation on the preparation of the necessary documents, appeal to the UFRS with a statement on the registration of the contract, receiving registered documents.

Our company adheres to fixed and loyal prices for each convertible.

We individually approach each client and take into account all your wishes in our work.

What is the cost of registration of documents in the UFRS on SPB?

The cost of our services for registration of documents in the UFRS in St. Petersburg is 6000 rubles . Unlike most companies in case of suspension of registration actions in the UFRS, the cost of services does not change.

Separately paid state duty, which depends on the status of the applicant. So, when submitting documents on behalf of the legal entity, the state duty will be 22 000 rubles . At the same time, if we represent the interests of an individual, then the ultimate state duty will come out only 2000 rubles.

Also in our company there are a discount when submitting multiple sets of documents at the same time. When applying at the same time more than one set for registration, the cost of our services for subsequent "kits" is 2000 rubles.

Buildings, structures, facilities, facilities, land plots and other isolated natural objects, enterprises and others can be transferred. property complexes which do not lose their natural properties in the process of their use (uncomfortable things).

Registration of the lease agreement in the Fed (Federal registration service) Communicable in the case when such an agreement is concluded for a period of 1 year. In the absence of state registration, the contract is invalid.

In addition, any changes made to the lease agreement are subject to obligatory state registration. Otherwise, the contract will act only in the form in which it was before making changes. One of the main aspects of the contract is a detailed description of the object with lease (office, warehouse, land, etc.). For the successful registration of the lease agreement, the Floor plan of the entire building is required, in which rental premises are noted indicating their area.

Our specialists are ready to offer you a full range of services related to the registration of the lease agreement (sublease), ranging from the compilation of the contract, the examination of the existing lease agreement (sublease), the preparation of the necessary documents. We will advise on issues relating to the lease agreement, and will conduct its state registration.

Documents provided for the state registration of rental agreements (subleases) of non-residential foundation

1. Statement statement.
   Documents for state registration may be represented by one of the parties to the lease agreement (sublease).
2. Document on the payment of state duty.
3. The document certifies the identity of the applicant.
   When adding a representative - also a document confirming its powers (power of attorney), the original and notarized copy.
4. The guide document is a lease agreement (sublease), on the basis of which state registration should be carried out.
   If the contract is drawn up in a simple writingprovided in 2 copies.
   If the contract was notarized, the original contract must be presented and its notarized copy.
5. If the building, construction, premises in them or part of the premises are leased, to the Treaty of Rental Real Estate, submitted to the State Registration of Rights, attached cadastral passports, respectively, buildings, structures and premises indicating the size of the leased area.

   Technical passports, other documents that contain a description of buildings, structures, premises, objects of unfinished construction and issued in accordance with the established legislation Russian Federation The order until March 1, 2008 for the purposes related to the implementation of the relevant state registration of rights to the specified real estate objects and transactions with them are recognized as valid and have equal legal force With cadastral passports of real estate objects.

6. In case one of the parties acts individual, It is necessary notarized by the consent of the spouses of the parties under the contract for its conclusion, or a statement that the person is not married.
7. In the event that one of the parties is a legal entity, it is necessary to provide the entire set of constituent documents.
8. If the landlord under the contract is a legal entity-prodokol authorized body A legal entity on permission to make a transaction or a document certified by signatures of the head and the chief accountant and the prints of a legal entity, on the compliance of the perfect transaction.
9. In the event of an appeal to the state registration of a land lease located in state owned, on the basis of an agreement concluded for a period of 49 years, documents confirming the rights of the tenant on the object of real estate, located on the rental transmitted land plot, in the absence of a record of state registration of these rights in a single state registry rights to real estate and transactions with it.
10. The consent of the owner of the state or municipal property to order the property in housekeeping State or municipal enterprise.
11. The consent of the pledgee at the disposal of the investment, unless otherwise provided by the Treaty, and in cases established by the legislation, an additional agreement is submitted to the mortgage agreement.
12. The consent of the owner of the property in the transfer of the object of real estate in the sublease, unless otherwise established by law or the contract.

To verify the legality of the transaction, other documents confirming the legality of the transaction may be required.