ORDER OF THE MINISTRY OF JUSTICE OF THE RUSSIAN FEDERATION

of August 6, 2004 No. 135

About approval of the Instruction about procedure for state registration of lease agreements of real estate

According to article 10 of the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It", Item 2 of the order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It", item 4 of Section 6 of the Federal program of step-by-step development of system of the state registration of the rights to real estate and transactions with it approved by the order of the Government of the Russian Federation of April 9, 2001 N273 "About Approval of the Federal Program of Step-by-step Development of System of State Registration of the Rights to Real Estate and Transactions with It" I order:

Approve the enclosed Instruction about procedure for state registration of lease agreements of real estate.

Approved by the Order of the Ministry of Justice of the Russian Federation of August 6, 2004 No. 135

The instruction about procedure for state registration of lease agreements of real estate

I. General provisions

1. The instruction about procedure for state registration of lease agreements of real estate (further - the Instruction) is developed on the basis and according to the Civil code of the Russian Federation * (1) (further - the Code), the Federal Law of July 21, 1997 N122-FZ "About State Registration of the Rights to Real Estate and Transactions with It" * (2) (further - the Law), the Rules of maintaining the Unified State Register of Rights on real estate and transactions with it approved by the order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" * (3), the Federal program of step-by-step development of system of state registration of the rights to real estate and transactions with it, N273 "About Approval of the Federal Program of Step-by-step Development of System of State Registration of the Rights to Real Estate and Transactions with It" approved by the order of the Government of the Russian Federation of April 9, 2001 * (4).

2. State registration of lease agreements of real estate is performed according to the procedure, established by the Law, Rules of maintaining the Unified State Register of Rights approved by the order of the Government of the Russian Federation of February 18, 1998 N219 "About Approval of Rules of Maintaining the Unified State Register of Rights on Real Estate and Transactions with It" on real estate and transactions with it (further - Rules of maintaining EGRP), other regulatory legal acts of the Russian Federation adopted according to the Law.

3. The instruction regulates the questions concerning features of carrying out state registration of lease agreements of real estate units (except for the companies as property complexes, sites of forest fund (wood), the isolated water objects and long-term plantings), changes, the termination and agreement cancelation of lease.

Also other regulatory legal acts of the Ministry of Justice of the Russian Federation published according to the procedure realization of powers in system of state registration of the rights to real estate and transactions with it are applied to the relations arising in case of state registration of lease agreements of real estate.

4. According to the lease agreement of real estate (property hiring) the lessor (lessor) shall provide to the lessee (employer) real estate for a fee in temporary ownership and use or in temporary use (article 606 of the Code).

5. The parcels of land and other isolated natural objects, the companies and other property complexes, buildings, constructions and other things which do not lose the natural properties in the course of their use (Item 1 of article 607 of the Code) can be leased.

Property types which delivery in lease is not allowed or limited (Item 1 of article 607 of the Code) can be established by the law.

The parcels of land, except for specified in item 4 of Article 27 of the Land code of the Russian Federation * (5) (further - the Land code), can be provided them by owners in lease according to the civil legislation and the Land code (Item 2 of Article 22 of the Land code).

The parcels of land withdrawn from circulation cannot be leased, except as specified, established by the Federal Laws (Item 11 of Article 22 of the Land code).

6. The right of property leasing belongs to his owner, persons authorized by the law or the owner can also be lessors to lease property (article 608 of the Code).

In case of inheritance of the parcels of land by persons who did not reach age of majority, their legal representatives can lease these parcels of land for a period of up to achievement of age of majority by heirs (Item 10 of Article 22 of the Land code).

7. Citizens and legal entities - owners of buildings, constructions according to the procedure and on conditions which are established by the Land code, the Federal Laws (Item 1 of Article 36 of the Land code) have exclusive right to acquisition of right of lease of the parcels of land.

Foreign citizens, stateless persons can have the parcels of land located within the territory of the Russian Federation on the lease right, except as specified, provided by the Land code (Item 1 of Article 22 of the Land code).

8. If the building (rooms in it) which is on the indivisible parcel of land belongs to several persons on the property right, these persons have the right to acquisition of this parcel of land in lease with plurality of persons on the party of the lessee if other is not provided by the Land code, the Federal Laws (Item 3 of Article 36 of the Land code).

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