Use of non-residential premises
Advice from lawyers:
1. How to correctly draw up an agreement for the free use of non-residential premises?
1.1. Hello, in the contract for free use it is necessary to specify the subject of the transaction. You must indicate the address of the premises and its characteristics. This is especially important if only part of the building is rented out. If, after reading the agreement, the question remains as to which specific premises are being rented, then the agreement is considered not concluded. An agreement for gratuitous use may be indefinite; the parties who decide to enter into an agreement only for a certain period must indicate it in the text. The procedure for terminating the contract will depend on this.
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2. What premises does the concept of “residential, non-residential, common areas” include?
2.1. Residential - type of premises: room in an apartment, non-residential - apartment for a store, common areas: entrance. Good luck in resolving your issue!
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3. Jurisdiction of the procedure for using non-residential premises.
3.1. Cases on determining the procedure for using property are within the jurisdiction of the magistrate (Article 23 of the Code of Civil Procedure of the Russian Federation).
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4. The lease agreement for non-residential premises has expired. After the end of the contract, the tenant continues to use it for 4 months, but does not pay. Is it possible to collect rent for actual use and, if so, based on what article of the law? Sincerely, Igor.
4.1. Good afternoon For actual use it is possible, ch. 34 Civil Code of the Russian Federation Rent.
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4.2. Hello. You can collect it.
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5. Do I have the right to a benefit in paying property tax on non-residential premises if it was rented out under a lease agreement for free use? And the tenant used the store for activities under UTII.
5.1. Hello. If the premises are for physical face and if you have the right to benefits, then of course you can count on benefits in paying property taxes. And for what purposes you rented out your property does not apply to the payment of property tax.
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6. Will it be necessary to pay any taxes for the gratuitous use of non-residential premises (daughter and mother)?
6.1. Hello, no, in such a relationship there is no need to pay anything.
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7. Can I transfer the non-residential premises owned by me for free use to an Individual Entrepreneur, providing in the contract the possibility of renting out this premises to a third party for a fee to this Individual Entrepreneur, i.e. for a fee. Wouldn't such an agreement be considered void?
7.1. Yes, you can do this - this is a trust management agreement and it does not contradict the law.
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7.2. Everything is absolutely legal, although it is obvious what such a scheme is for.
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7.3. Hello. Can you do it.
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8. There is a non-residential premises in an apartment building, registered as the property of an individual. persons (not an individual entrepreneur, not self-employed, not engaged in commercial activities). Further, this premises was transferred under an agreement for free use to an individual entrepreneur (store). Flooding occurs due to the fault of the management company. Do these relationships fall under the law on consumer protection or not?
8.1. Here we should proceed from the responsibility determined by the agreement of gratuitous use between the Federal Law and the individual entrepreneur (store) theoretically covered.
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8.2. The whole point here is the purpose for which the non-residential premises are used. If for personal needs, then the law on ZPP is applicable, if for business purposes, then not. Here is the court’s ruling, where the court considered such relationships not to fall under the law on PPP - Read more >>>
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9. If you draw up an Agreement for the free use of non-residential premises and land not for a relative, but for an individual entrepreneur. Subsequently, the individual entrepreneur leases out the land. plot and premises and pays taxes. Will taxes be assessed to the owner and what responsibility will he bear? 'Information from the legal social network https://www.9111.ru was used'
9.1. Most likely they will, they may be brought to tax liability.
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10. There are 3 owners of a non-residential building, now from the common property we are making an agreement and ending ownership of the building and there will be 3 separate premises, the question is how to register ownership of the staircase in such a way that it would be a place of common use, BUT when selling any premises it would not be necessary re-register it too, so that when a separate premises is sold, the right to the stairs is transferred automatically.
10.1. According to paragraph 2 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 23, 2009 No. 64 “On some issues in the practice of considering disputes regarding the rights of owners of premises to the common property of a building,” when considering disputes, the courts should proceed from the fact that the common property of the building includes, in particular , premises intended to serve more than one room in a building, as well as landings, stairs, halls, elevators, elevator and other shafts, corridors, technical floors, attics, basements in which there are utilities, other services serving more than one room in a given building equipment (technical basements), roofs, enclosing load-bearing and non-load-bearing structures of this building, mechanical, electrical, sanitary and other equipment located outside or inside the premises and serving more than one premises. Paragraphs 3-5 of Resolution No. 64 establish that the right common shared ownership of common property belongs to the owners of premises in the building by force of law, regardless of its registration in the Unified State Register of Rights to Real Estate and Transactions with It. With certain exceptions, shares in the right of common ownership of common property are determined in proportion to the area of the premises owned. Changing the size of the share of the owner of the premises in the right of common ownership of the common property of the building by agreement of all or individual owners of the premises is not allowed.
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11. I am the owner of non-residential premises. I am concluding an agreement for the free use of non-residential premises with an individual entrepreneur. Activities of individual entrepreneurs: trade. Do I, the owner of non-residential premises, have to pay taxes?
11.1. Hello! If the agreement is for free use, then no taxes are paid, but such an agreement is concluded for a period of 11 months, since if for a longer period, then registration with the Federal Registration Service is required. Good luck to you!
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11.2. No, don't. Non-operating income arose from the tenant.
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11.3. Good afternoon You, as the owner, bear the burden of expenses for maintaining non-residential premises, for using utilities, and for land taxes. Paying personal income tax for you and filing a declaration would be the responsibility of an individual entrepreneur in accordance with the Tax Code of the Russian Federation if there was a lease agreement for non-residential premises. Since in your case there is no agreement for the gratuitous use of non-residential premises and you do not receive income, which means there is no obligation for the individual entrepreneur to pay it.
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12. If a police officer who owns non-residential premises has entered into an agreement on free use with his closest relative, in this case with his mother, can she, having an individual entrepreneur registration, subsequently re-let the premises and make a profit.
12.1. No one can stop her from doing this except you.
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13. Our ONO received non-residential premises in a residential building for free use. Should we pay for major repairs?
13.1. Contributions for major repairs are made by all owners of apartment buildings, including owners of non-residential premises. Since the premises have been transferred for free use, it is necessary to look at the terms of the agreement regarding payment of utilities, services for the maintenance of apartment buildings, payment for major repairs, renewing contracts with management companies or resource supply organizations from the lender to the borrower. If these conditions are not specified, then the owner (lender) makes the payment.
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14. Terminate the lease agreement for non-residential premises from May 1, the premises have been closed for a month not in use by the tenants, there is no debt on utility bills. Only payment for April heating and flue needs. Is the Tenant required to pay?
14.1. Elena, the tenant is obliged to pay the rent.
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14.2. Elena, good evening. It is necessary to determine why the real estate was not used. If you could not carry out your activities due to restrictive measures introduced in the regions and by decree of the President of the Russian Federation, then you have the right to defer payments and reduce rent. Postponement until January 1, 2021. If you intend to terminate the contract and not use the property in the future, then you must send a notice to the lessor of termination of the contract, due to a significant change in circumstances, and also refer to the fact that you are exempt from paying rental payments during the period of non-use because you did not use it improperly its own fault. If utilities are included in the payment, then you do not have to pay for them for the specified period.
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15. There is a non-residential premises where the owners are 4 individuals with equal shares, 3 of them are founders of the LLC. The LLC will occupy this non-residential premises for production and pay all utilities and other expenses. Which agreement should be drawn up, lease or free use, in order to have the least expenses for the LLC? Since this is only for formality and for the tax authorities.
15.1. If the LLC is on the traditional tax system or on the “simplified” tax system (income minus expenses 15%), then a lease agreement is better. If it’s “simplified” (6% of turnover), then free use is better.
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15.2. In any case, it is better that there is payment, at least the minimum in the market. Since the Federal Tax Service has the right to calculate your non-operating income as savings on rent if you make the contract free of charge.
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16. Is it possible to register an agreement for the gratuitous use of non-residential premises in the register?
16.1. Yes, you can, if the period of free use is more than 1 year.
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17. I am interested in whether it is legal or not in Rosreestr not to register non-residential premises in a building that are rented out for free legal use. persons?
17.1. Legal if the lease agreement is concluded for 11 months. If, for example, the premises are rented out as a cafe, then registration of the agreement with Rosreestr is mandatory.
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18. You need the text of the agreement for the free use of non-residential premises. I'm physical. person, it is necessary to rent out part of the premises 9 sq.m. (non-residential) for free use, so that the fiscal authorities do not have any questions.
18.1. Look, for example, here: Read more >>>
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18.2. Hello, Vasily Stepanovich! If you need help in preparing an agreement, you can contact any lawyer on the site in a personal chat.
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19. Can I, as an individual, enter into an agreement for free use of my non-residential premises with a legal entity in which I am the founder so as not to register as an individual entrepreneur?
19.1. You can, the law doesn’t limit it.
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19.2. Good morning, Pavel! YES, you can conclude.
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19.3. You can enter into any type of contract without restrictions. - see art. 420 Civil Code of the Russian Federation.
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20. Is it necessary to include the area of a two-level parking lot in the total area of the MK when summing up the voting results? Example: the owner’s apartment area is 50 m2, in addition, he owns 2 parking spaces out of 100. The total area of residential and non-residential premises (common and commercial spaces) is 15,000 m2. The parking area is 4000 m2. The correct vote is 50 from 15,000 or 50+ (2/100×4000) from 19000 m2?
20.1. Hello Irina. It depends on whether the parking lot is part of the microdistrict. It is necessary to look at this in the house project. Accordingly, if it is part of an MC, then the area of parking spaces is taken into account when calculating the share in the right of common ownership, which is proportional to the vote in the meeting.
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The land under the building (non-residential) is in joint use. Can I sell my premises without the consent of the second owner?
Is it possible to conclude an agreement for the free use of non-residential premises between individuals? person (owner of non-residential premises) and individual entrepreneur? What would physical did the person not pay taxes?
I have a share in non-residential premises and am a founder of an LLC. Will permission from the second shareholder be required for the activity?
1) Lease agreement for non-residential premises (over a year) - for temporary possession and use.
Can a retired individual rent out non-residential premises to a relative for utilities or free use in order to avoid paying tax?
The owner of a non-residential premises opened a hairdresser's salon on the ground floor of our microdistrict.
The LLC does not operate, the legal address is registered for non-residential premises,
Is registration of a lease agreement for non-residential premises between legal entities required? persons for a period of more than a year, if this is a contract for the use of property without the right of ownership?
The management company sent payments for non-residential premises (built-in garages) with new columns “water supply” and “sewage”.
I want to rent out 1/2 of a non-residential premises, in which I have 1/2 of the share by a court decision determining the places of use, and I don’t know how to register the rent;
I am the owner of non-residential premises in an apartment building, access to common areas (entrance, basement, attic)
Duration of the free use agreement
Advice from lawyers:
1. Registration of a free use agreement is required for a period of 9 years 11 months.
1.1. Not required.
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2. My name is Ekaterina. What is the term of the free use agreement? Maximum.
2.1. Hello. The maximum period is unlimited.
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3. Between FL. it is necessary to draw up an agreement for the gratuitous use of a vehicle for an indefinite period with the full responsibility of the borrower spelled out in possible and expected situations, including liability to third parties for damage caused; we plan to have the agreement notarized. Thank you.
3.1. Contact any lawyer personally. This type of work is paid.
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4. Is state registration of an agreement for the free use of agricultural land concluded for a period of more than a year required?
4.1. No, registration is not mandatory.
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4.2. State registration of an agreement for the free use of agricultural land concluded for a period of more than a year is not required. In accordance with Part 2 of Art. 26 of the Land Code of the Russian Federation, lease agreements for a land plot, sublease of a land plot, gratuitous use of a land plot, concluded for a period of less than one year, are not subject to state registration, except in cases established by federal laws. The requirement to register agreements for the gratuitous use of agricultural land plots concluded for a period of more than 1 year is not directly established.
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5. Please received a municipal apartment as an orphan left without parents, a social apartment. rental of free use, the contract was concluded for a period of 5 years, and this year it is being canceled. And I have a question from my brother, can I exchange apartments from a one-room apartment to a two-room apartment. And the question is, can I privatize the apartment after 5 years and sell it? Thank you.
5.1. Yes, you can privatize an apartment at any time after concluding a social tenancy agreement and exchange the apartment.
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5.2. Hello! While the apartment is in free use, exchange is not possible. When, after five years, you conclude a social rental agreement, it will be possible, but on the basis of Art. 72 of the Housing Code of the Russian Federation with the written consent of the landlord and family members living with you, and only if your brother’s apartment is also in social rent. But if you, five years after the conclusion of the social security rent, privatize an apartment, even trade with your brother, even give as a gift, even sell - you will become a full owner.
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6. For how long is the contract for the free use of medical equipment concluded?
6.1. As the parties agree. Article 699 of the Civil Code of the Russian Federation. Refusal of a contract for gratuitous use 1. Each party has the right at any time to withdraw from a contract for gratuitous use, concluded without specifying a period, by notifying the other party one month in advance, unless the contract provides for a different notice period. 2. Unless otherwise provided by the agreement, the borrower has the right at any time to refuse the agreement concluded with an indication of the term, in the manner provided for in paragraph 1 of this article.
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7. Agreement for the free use of an apartment with an indefinite period, registered until death. There is only one owner, he registered his grandparents and grandson in his new apartment. How to terminate the contract? Relatives, under pressure from their own son, refused to pay the rent. Our actions. The additional agreement was rejected.
7.1. The contract can be terminated in court, unless a different procedure is established by the contract.
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7.2. To answer your question, you need to know the terms of the contract.
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8. What is the deadline for submitting a notice of renewal of a contract for the gratuitous use of real estate (the contract expires, there are no conditions for extension) Should I write one month before the expiration of the contract?
8.1. If the contract does not specify a deadline, write a month in advance.
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9. I have a residence permit for the Russian Federation. With my minor child, who has Russian citizenship, I am registered in an apartment with a friend, she is the owner (I am for a temporary residence permit), and the child is permanent. Can a friend discharge me and my child without a trial? There is a free use agreement for 5 years.
9.1. Anna, she won’t be able to discharge her without a trial. She will need to file a lawsuit for termination of the contract and eviction. Only then.
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10. Is an agreement for the free use of the façade wall of a building, concluded for a period of 15 years, subject to state registration?
10.1. Only short-term contracts are not subject to registration.
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11. Please tell me for how long the contract for the free use of property in the apartment is concluded. (household appliances, etc.)…?
11.1. For the period established by the contract.
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11.2. For the period specified in the contract. If the term is not specified in the contract, then in accordance with clause 2 of Art. 689 of the Civil Code of the Russian Federation, the rules of paragraph 2 of Art. 610 of the Civil Code of the Russian Federation, namely: If the lease term is not specified in the agreement, the lease agreement is considered concluded for an indefinite period. In this case, each party has the right to withdraw from the contract at any time by notifying the other party one month in advance.
, and when renting real estate for three months. The law or agreement may establish a different period for warning of termination of a lease agreement concluded for an indefinite period.
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12. I belong to the category of orphans, I received an apartment at the age of 18 for free use for a period of 5 years, after which it was extended to me for another 5 years, only the contract was changed to Renting a residential premises! Can I temporarily register my spouse? Since they submitted documents for visible residence, he is a citizen of another country! We have two children and have been married for 7 years. This agreement does not tell us what is not allowed.
12.1. You have a social account. Therefore, I do not advise you to register him permanently, after that he will receive the right of residence (he will have the same rights to the apartment as you have under social rent, that is, as if he received the apartment together with you..) and without his consent and participation cannot even be privatized. Make it temporary...
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13. Phys. a person rents out non-residential premises to an individual entrepreneur for free use. For how long can an agreement be concluded so that questions do not arise later with the Federal Tax Service of Russia?
13.1. Hello! For any period, but if the contract is concluded for a period of more than a year, then it must be registered with Rosreestr.
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13.2. Hello For 11 months, so as not to register it with Rosreestr.
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14. Please tell me, is there a room in the building that belongs to the Federal Property Management Agency? We are a sports federation, we have an agreement with them for the free use of this premises for a period of 5 years. Is it possible to take these premises into the ownership of the federation?
14.1. Good afternoon Theoretically, you can pick it up, but you need to look at your contract! Such cases have happened in practice!
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15. Is the submitted agreement for the gratuitous use of non-residential premises for which a license was previously issued, instead of a lease agreement, a basis for refusing to renew a liquor license? Is a contract for free use for a period of three years of a future license subject to registration?
15.1. Dear Alexander, lease and loan agreements are subject to registration with Rosreestr; without such registration they are void by law. If everything is in order with the contracts, then such a refusal is illegal.
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16. The sole founder of a Limited Liability Company wants to transfer the right to use non-residential premises, of which he himself is the owner, for three years to obtain a liquor license. What is the best and least expensive way to do this? Or entering the right into the authorized capital or a free use agreement for the term of the license? The main goal is to obtain a license (the list of required documents only includes a lease agreement registered in the Rosreestr).
16.1. If the agreement is for gratuitous use, then the LLC receives non-operating income. Either rent or enter the right into the Criminal Code and pay for the Criminal Code with this right.
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17. For what period is an agreement for the free use of residential premises subject to tax? Subject to accommodation for utilities. No income. Thank you.
17.1. Yes, the gratuitous use of property is taxed. This is non-operating income of the borrower (Article 250 of the Tax Code of the Russian Federation).
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18. For what period is an agreement for the gratuitous use of property concluded between individuals? faces?
18.1. You can set any term of the contract, but it is better to set a short term, so that if something happens you can provide for a minimum period for early termination of the contract. There are so many nuances.
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19. A lease agreement for non-residential premises was concluded between the Individual Entrepreneur and the LLC, which is registered with the registration authority, as it was concluded for a period of more than a year. Now it is necessary to make changes to this agreement regarding payment of rent; now the premises will be transferred for free use.
19.1. Do additional agreement and register it with Rosreestr.
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19.2. Hello! It is necessary to draw up an additional agreement to the lease agreement.
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20. The general director of the construction company forced the truck crane operator to sign an agreement for the free use of car No. T-9 for a period of 1 year. Are his actions legal?
20.1. If a truck crane operator works in this organization, the director’s actions are not legal.
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The organization sent another organization a covering letter with a certificate of violations identified and set a response time of 10 days.
I rent a room under a free use agreement. Today the local police officer called and summoned me to the police about the noise of the tenants at night - the neighbors called me.
Tell me, I live in a hostel under an agreement for the free use of property
I live in a 2-room communal apartment with my wife, in which I have 2/3 of the property,
I have the following question: There is an agreement for the free use of property
We have concluded an agreement for the free use of residential premises from 21.
Is it possible to transfer equipment (office-laboratory) under a free use agreement for its use by a second party on certain days?
I want to help my brother with permanent registration by concluding a free use (loan) agreement with him at a notary
I am the owner of a non-residential property. I entered into an agreement with the individual entrepreneur for the free use of non-residential premises.
Please provide storage periods for lease agreements for real estate and movable property, storage periods for gratuitous use agreements.
I am a shared owner of a non-residential premises, and my wife is also a shared owner of this premises,
