Registration of lease contracts of the earth

Answers to questions of the amount of payment for preparation and registration of contracts and their registration in a land cadastre are given.

The agricultural enterprise concludes lease contracts of the land lots with their owners – individuals.

1 whether. The amount of payment for preparation and registration of the lease contract of the land lot is limited by the legislation?

2 whether. It is possible to register the earth lease contract if it is concluded for the term of less than 1 year in a land cadastre?

If it is necessary to register, what responsibility is provided for the conclusion of the lease contract of the earth without the state registration?

1. Ground the uchayostka precedes the conclusion of the lease contract a preparatory work. It is connected with need of carrying out zeyomelno-cadastral works. After all according to Art. 15 of the Law on a ground lease an integral part of the lease contract are:

• the plan or the scheme of the land lot, peredavaemo­go in rent;

•  cadastral plan of the land lot;

• the act of delimitation of the land lot in natu­re (on the district);

• the project of branch of the land lot (if its designated purpose changes).

The amount of payment of ground and cadastral works and services are approved by the Order No. 97. How many it is necessary zap­latit for the concrete lease contract, depends on what:

• ground and cadastral works will be carried out;

• the services connected with its conclusion – to appear.

The maximum limits of a payment for preparation and registration of lease contracts of the earth by any noryomativno-legal document it is not established

2.  The right to rent of the land lot vozni­kaet after the conclusion of the lease contract and its state registration (h. 2 Art. 125 of ZK). Therefore, such contract it is necessary regi­strirovat irrespective of, for what term it is concluded.

Without the state registration of the lease contract to start use of the land lot the arenyodator has no right (h. 3 Art. 125 of ZK). In given slu­chae, in fact, and contracts as that isn’t present After all an otsutyostviye of the state registration means that the doyogovor of rent of the land lot didn’t come into force at all (Art. 18 of the Law on a ground lease). In such slu­chae the tenant paying the profits tax, can’t carry expenses under the contract to structure of valoyovy expenses.

Use of the land lot according to the nezaregistriyorovanny lease contract is regarded as samoyovolny occupation of the land lot. For such naruyosheniye the administrative otvetyostvennost in the form of a penalty at the rate from 8 to 15 NMDG (from 136 to 255 UAH is provided.), imposed on dolzhnostyony persons (Art. 53′ KUoAP)

List of documents

1. ZK – the Land code of Ukraine from 25.10.01 of No. 2768-I II

2. KUoAP – the Code of Ukraine about administrative offenses from 07 12.84 g of No. of the 8073rd.

3. The law on a ground lease – the Law of Ukraine from 06.10 98 g of No. 161-XIV About a ground lease in edition of the Law of Ukraine from 02.10.03 of No. 1211-IV.

4. The order No. 97 – Goskomzem’s order, the Ministry of Finance and Ministry of Economics from 15.06.01 of No. 97/298/124 About the statement of the amount of surcharge of ground and cadastral works and services.

(On Balans-Klub newspaper materials).