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At registration of the contract of lease the premises is not required cadastral passport

Legal aid 24.12.2018 at 11:57

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According to rosreestra c 01.01.2017, register a lease of part of premises is only possible simultaneously with the production of this part of the state cadastral registration. As for the cadastral registration of the non-residential part of the premises is necessary to have the cadastral passport of a part of non-residential premises provided for rent. However, such a requirement of Federal registration service is unreasonable and inappropriate to the current legislation of the Russian Federation. In the case of the technical plan of part of the premises upon registration of a contract of lease of nonresidential premises, Rosreestr unreasonably suspend the registration of the lease. If the applicant failed to submit a cadastral passport of the part of nonresidential premises, the Federal registration service may reject registration of the lease. In this case, the applicant has the right to appeal the decision on refusal in registration of the lease in court. However, litigation can lead to loss of time, damages for individual entrepreneurs, and also result in costs for the services of a lawyer.

the illegality of the requirements of the cadastral passport of the residential premises upon registration of a rental contract when annexed to the Treaty, the graphical part of the premises, and the subject of the lease described in sufficient detail is confirmed by judicial practice of arbitration courts. So, in one case, the arbitration courts of first instance and appellate courts based on the provisions of part 5 of article 44 of Federal law No. 218-FZ, and also the legal position set out in paragraph 9 of the court practice Overview on civil cases related to challenging the denial of cadastre, approved by the Presidium of the Supreme Court 30.11.2016 G., stated that the absence in the state cadastre real estate information on the part of the leased property does not preclude the implementation of state registration of the lease of the building (premises). The account given to the part of the property is a right, not a duty of the owner or other person for whom installed or the restrictions (encumbrances) of rights in REM in such real estate. The courts, however, take into account that in the lease the parties agreed on and described real property (premises) leased (item 2.1) and in the Annex to the said Treaty agreed on the graphical part and textual description of the object of lease, therefore, pointed to the absence of the need to provide for the state registration of the cadastral passport of the building (premises) with the indication of the leased premises or documents provided for in paragraph 2 of article 14 of Federal law No. 218-FZ.

In order to unreasonable demands of the technical plan (the cadastral passport) part non-residential premises upon registration of a contract of lease of non-residential premises it is planned to amend article 44 of the Federal law "On state registration of real estate". The draft Federal law "On amendments to article 44 of the Federal law "On state registration of real estate" is proposed to clarify paragraph 5 of article 44 of the Law by adding provisions that the registration of the building or structure in connection with the lease of a portion of a building or structure, the technical plan is not required.