Documents are important, but first we are looking for premises
Resolve the issue of premises before registering as an individual entrepreneur or legal entity. This will save you a lot of money.
The fact is that after registration it is necessary to regularly pay insurance contributions to the Pension Fund. And this does not depend on whether you have already started your activity or are still deciding organizational issues. Therefore, start with choosing a room, so that after registration you can open a hostel as quickly as possible and not pay all social contributions from your own pocket.
When choosing a room, you should remember that hostels cannot be located in basements or basements. With no exceptions. This requirement is put forward by the Sanitary Rules and Standards. The building must also meet fire safety requirements.
Don’t forget that a good hostel should register its visitors with migration records. Make sure that the owners of the premises (provided that you are renting it) give their consent to this.
Recently, the scandal surrounding the law banning the placement of hostels in residential buildings has not subsided. If consideration of the law is not postponed once again, its fate will be decided before the end of this year. It is not yet known whether the law will be adopted, since the government has both supporters and opponents of this ban. But just in case, take a closer look at non-residential premises.
Found the ideal premises? Wonderful. If you own it, then immediately move on to the next point and deal with the regulatory documents for your hostel. If you are going to rent property for a hostel, then it’s time to sign a lease agreement. Make sure that all the nuances are spelled out in the text of the contract and that you have the right to provide guest accommodation services in the rented area. Sign the contract for the longest possible period or discuss with the tenant the possibility of extending the contract in the future.
A lease agreement or documentary evidence of property rights should always be at hand to avoid problems with law enforcement agencies.
Title documents for real estate and their types
Each owner and co-owner of the property must have title documents for the property so that no problems arise in confirming these rights. According to its principle, such documentation is divided into title-establishing and confirming ownership rights.
Based on the former, legal ownership of the object arises, on the basis of the latter, the owners are protected at the legislative level and can enter into all kinds of transactions for the alienation of real estate.
There are the following types of title documents:
- Property purchase and sale agreement;
- Donation agreement (only gratuitous basis is acceptable);
- Evidence that the citizen has entered into inheritance rights. If this happened according to the will, it is also necessary;
- Lease or rental agreement with a written clause on subsequent purchase;
- The act of acceptance and transfer of a real estate object, be it land, building, other capital structure, apartment, house, residential or non-residential premises. It must be signed by the current owner and the party who provided the object on the basis of any transaction;
- The concluded agreement between the parties;
- Other documents within the framework of Russian current legislation.
As this list shows, neither the certificate of state registration of proprietary rights, nor an extract from the unified state register refers to title documents. Understanding the two existing categories is actually not difficult, since title documents for real estate are those on the basis of which rights to property arise, and confirming documents, as is clear from the definition, confirm them. Papers confirming the legal right to real estate:
- Certificate of state registration.
Choosing a legal form
The best choice for a hostel owner would be to register an individual entrepreneur or a limited liability company. Let's look at the main differences.
The best option is to register as an individual entrepreneur. Firstly, this is relevant for those who are planning to open one hostel. Registration of a legal entity is required for a network of hostels.
Secondly, the tax and administrative burden on individual entrepreneurs is much lower. Thus, a patent taxation system is available to individual entrepreneurs. In this case, the entrepreneur simply buys a patent for a certain type of activity, which exempts him from paying personal income tax and VAT. But keep in mind that this only applies to entrepreneurs who own hostels. That is, those who rent premises for a hostel do not have access to a patent.
In addition, the individual entrepreneur is freed from the need to keep accounting records, register the charter and contribute the authorized capital. And, of course, an individual entrepreneur, provided that he works alone, is “deprived of the pleasure” of regularly reporting to the pension fund and social insurance fund.
Also, registering as an individual entrepreneur is ideal for those who plan to open a hostel in a city other than their own, since an individual entrepreneur is registered at his place of residence, and an LLC is registered at the actual location of the organization.
In the end, registering an individual entrepreneur is simply a faster and more economical procedure.
But an LLC should be chosen by those who plan to open a hostel not alone, but together with business partners, since this form provides for the possibility of co-founding.
OKVED codes for hostels - 55.23.3 “Renting out furnished rooms for temporary accommodation.”
So, have you decided on the organizational and legal form of the hostel and collected a full package of necessary documents? Now submit them to the tax authority or multifunctional center, wait for documentary confirmation of your registration and proceed to the next stage.
Real estate documents. Full package
Documents for a property represent legal ownership of it. A complete package of real estate documents includes documents describing the technical characteristics of the property and documents on the rights to it.
Let's take a closer look: The content of the article is detailed: Documents for the property include:
- Cadastral registration documents confirming the physical presence of the property
- Documents for ownership of real estate
The technical passport for the object, which is produced by BTI, is no longer used for the purposes of cadastral registration and registration of rights! The basis for registering real estate in the cadastral register are:
- Land plan for - land plot
- Technical plan - for the building
These documents are prepared by cadastral engineers at the request of the copyright holder and at the expense of the copyright holder.
Cadastral works are expensive, but the price varies greatly by region. But very often they do not transfer these documents to the owners, since they independently register the property in the cadastral register and submit the documents to Rosreestr electronically. You have the right to request this document from them on paper.
However, it is quite enough to obtain a Cadastral passport based on cadastral registration data from the Unified State Register of Real Estate (USRN).
But these are additional costs (400 rubles). A cadastral passport is issued for both residential properties and land plots.
It can be ordered through the MFC or directly from Rosreestr. If cadastral registration has been completed, you can register rights to the property.
From 01/02/2017, you can simultaneously submit applications for registration of an object in the cadastral register and registration of rights to it. In just 10 working days, all the necessary procedures will be completed. Cadastral registration and registration of rights is carried out by the state registrar Rosreestr.
Rights to real estate are established on the basis of legal establishing documents. The legal establishing documents are the primary documents for the transaction - contracts (purchase and sale, exchange of gifts) and agreements (on the allocation of shares, redistribution of shares, division of property) or unilateral documents - court decisions, administrative decisions, etc.
We get the go-ahead from the fire inspectorate and sanitary and epidemiological station
The fire inspection puts forward the same requirements for hostels as for hotels and hostels, that is, this is a functional fire hazard class of 1.2. in the Federal Law “Technical Regulations on Fire Safety Requirements”.
As for sanitary standards, you should familiarize yourself with the Sanitary Rules and Standards for Small Hotels and Hostels. So, from them it follows that for each bed (including bunk beds) in the room there should be at least 4 square meters, in the hostel itself (even the largest) there should be no more than 120 guests, and wet cleaning must be carried out at least once per day.
Bring your premises into full compliance with all requirements. Approach this responsibly, do not allow negligence, because the lives of many people depend on your actions.
What documents are needed to sell non-residential premises?
September 8, 2014 Author KakSimple!
A transaction with non-residential premises is concluded in writing and is subject to mandatory state registration.
Purchasing non-residential premises is no more difficult than purchasing an apartment, but before purchasing real estate, it can be useful to familiarize yourself with general information on the specifics of the transaction.
- How to privatize non-residential premises
- How to convert non-residential into residential Question: “How to remove the 2nd founder from the LLC with property (building) that is listed as the authorized capital?” — 1 answer Instructions 1 When purchasing non-residential premises, first of all, you need to find out who the owner of the premises is. The premises can be owned by both an individual and a legal entity. The list of documents required to complete a purchase and sale transaction will depend on this factor.
Transactions involving legal entities require specific knowledge in the field of law, which is why it is recommended that the transaction be carried out with the assistance of a qualified lawyer or that the transaction be notarized.2 If the owner is an individual, then before the transaction it is necessary to check the title and title supporting documents for non-residential premises. Such documents are: purchase and sale agreement, share participation in construction, documents on privatization, on the transfer of residential premises to non-residential premises, certificate of ownership, etc.
Studying the technical and cadastral passports for a real estate property will help establish the correspondence of the object’s parameters in kind and in documents.
3 An extract from the unified state register of rights to a property will help eliminate encumbrances and restrictions imposed on the property.
If the seller is or has been married
Ready-made hostel as an alternative solution
Opening a hostel from scratch is quite a troublesome task. A clear algorithm of actions is always interfered with by some circumstances that slow down the process. And even after going through all the circles of bureaucratic hell, there is no guarantee that the hostel will receive all the permits and be able to operate. It is often better for the budget and nervous system to buy a hostel that is already a functioning business. In this case, you receive a fully equipped premises, all permitting documentation, established business processes and an establishment that has already created a positive reputation for itself and earned the trust of visitors.
We have collected all the articles about hostels that will be useful to you.
- What is a hostel
- Hostel Ban Law
- Classification of hostels
Documents for non-residential premises for registration
/ / To register a purchase and sale agreement for a non-residential building/premises, you do not need to submit: Act on the transfer of real estate to the Buyer, Information letters from the statistics body, an extract from the Unified State Register, a certificate of registration of ownership of the property being sold, a cadastral passport, other technical inventory documents ( explication, f.
1a, etc.). They are not submitted as necessary documents for registration of rights. Note: according to paragraph 10 of Article 33 of the Registration Law, the submission of a cadastral passport is not required if the cadastral passport, plan of such a real estate object or other document provided for by the Registration Law and containing a description of such real estate object property, had previously been presented and was placed in the corresponding file of title documents. If previously the question about the place of registration of the purchase and sale of any real estate, be it a land plot, a house or a warehouse, had an unambiguous answer - the Rosreestr authorities, determined on a territorial basis (i.e. at the location of the registered object), then now there are two options for submitting documents: territorial divisions of Rosreestr and any of the multifunctional centers located in the territory of the region in which the transaction was carried out.
- statutory and constituent, which include the organization’s Charter, Minutes of the constituent meeting, documents confirming the powers of the manager (if they are taken from the organization’s Charter), etc.
- Documents that can confirm the size of the book value of this non-residential premises, as well as provide information about how large the transaction is for the organization (if it is recognized as large, you will have to provide the consent of the founders to complete this transaction, since for it implementation will involve large volumes of assets).
- An extract from the Unified State Register, which will confirm the absence of any interested third parties in the ownership of this non-residential property.
In such a situation, participants in rental relations accept an option that is acceptable to them.
Documents for purchasing commercial real estate
Changes in world politics, sanctions against Russia, and falling oil prices have led to a sharp weakening of the ruble against world currencies. So, in a short period from September 1, 2014 to November 14, 2014, the ruble exchange rate fell from 37.2945 rubles per US dollar to 46.2933. The dollar exchange rate reached its maximum value on November 8, 2014, when the Bank of Russia let the ruble float freely. On this day it was 47.8774. Thus, the change in the ruble to dollar exchange rate for the period from September 1, 2014 to the present time was 8.9988 rubles, or a drop of 24%. Now let’s imagine a company or person who has a foreign currency loan in US dollars for a period of 10 years with repayment of the loan in equal installments. The amount of interest on the loan is not so significant here and later you will see why. As can be seen from the simple calculations above, the cost of the principal debt on the loan, if not repaid, has increased by 24% over the period from September 1 to the present. But the borrower turned out to be a conscientious payer; he pays the loan in accordance with the schedule. So, in 3 months (including November) he repaid the loan by 3/120, which corresponds to 2.5% of the principal debt. This means that, taking into account the growth of the dollar exchange rate, the principal debt on the loan increased in rubles over the same period by 21.5%. The situation is paradoxical and unpleasant: you pay off the loan, but the debt grows. What are the future prospects for the ruble exchange rate?
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Taxation
The sale of commercial real estate is subject to tax, depending on the tax system under which the seller reports to the tax authority.
The income received is taken into account as profit, for which an official deduction to the Federal Tax Service is required. No tax is charged for property owned for more than three years.
The buyer, on the contrary, can apply for tax benefits in connection with the costs incurred. But from the date of acquisition of the object, property tax is charged to it. And if he purchased a separate building - land tax.
To sell non-residential premises, it is necessary to collect not only documentation for the building or premises. If the object is sold by a legal entity, permission from the founders. The purchase and sale is formalized by an agreement, which must be registered with Rosreestr. There is a registration fee. Upon completion, the transaction is considered completed. The money received under the transaction is taken into account as profit and is subject to reporting to the Federal Tax Service of the Russian Federation.
Features of purchasing an apartment from a legal entity
Purchasing an apartment from a legal entity is a more complex procedure compared to a transaction between individuals. This is explained by the relatively large list of documents and nuances that are present during such an operation. It can be difficult for an individual who does not have special knowledge to understand all the intricacies and not to miss intentional or unintentional actions on the part of a legal entity, which may lead to the transaction being declared invalid.
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Particularly noteworthy is a power of attorney , which confirms the authority of the person signing the agreement. It must be drawn up either for a specific transaction, indicating its parameters, or a general one, which involves the possibility of alienation of the assets of the enterprise. A power of attorney can be one-time (for a specific transaction with an indication of its parameters) or general (implies a wide range of powers, including the alienation of enterprise assets).
Peculiarities of purchasing an apartment by a legal entity from another organization or from a citizen
After the fraud, such companies disappear, and if the fraudsters disappear, it is impossible to recover from them what they received under the transaction. The transaction is considered void and does not come into force, and it is almost impossible to return the lost money. Therefore, you can avoid falling into the trap of scammers only by first checking the legal capacity of the seller and the object; for this it is advisable to use the following recommendations:
Finally, the legal details are indicated. persons, the data of company managers is entered, and the signatures of managers or authorized representatives are affixed. Signatures are sealed. If the buyer is an individual person, then on his part indicate the last name, first name, patronymic and passport details with the place of registration. His handwritten signature with an explanation of his last name, or the signature of a representative, is affixed. The agreement is drawn up and concluded in three copies.
How to draw up a contract?
The agreement is drawn up by the parties, depending on the preferences and accompanying circumstances:
- in a real estate agency;
- in legal consultation;
- at a notary's office;
- on one's own.
When contacting an agent, lawyer or notary, the parties receive a document fully prepared for use. When preparing it yourself, you need to pay attention to ensure that all the necessary information is included. These include:
- Subject of the agreement, indicating the personal and passport data of the buyer and seller, the place of residence of each of them. The parameters of a non-residential building or premises and its location must be indicated.
- Certification that the object really belongs to the seller; there were no claims to it from third parties.
- Conditions for the transfer of rights by the seller to the buyer, the timing of actual taking over.
- Cost of the object, terms and methods of payment.
- Rights and obligations of the parties.
- Responsibility of the parties for failure to fulfill the obligations established by the contract.
- Conditions for termination of the contract.
- Final provisions.
The DCP is drawn up in three copies, each copy signed by the parties. Next to the signatures of the parties, their details are entered.
An agreement drawn up in a notary's office is certified by a notary, which gives it additional legal capacity and exempts it from paying registration fees.
We talked about the nuances of concluding a written contract in a transaction between a legal entity and other entities in a separate article, and you will learn how to correctly draw up an agreement for the purchase and sale of a non-residential property with a land plot.
Checking other real estate documents
Having made sure that everything is in order with the rights to the object, and the object itself has no legal defects, it would be good to request contracts for providing the property with utilities: electricity, water supply and sewerage, gas supply.
As a rule, such contracts are standard and strictly subject to departmental norms and rules. It is important for the buyer to pay attention to them in two aspects: whether the property is provided with the necessary amount of utilities and whether the previous owner has any debt to utility organizations.
Insufficient amounts of, say, electricity will severely limit the intended use of the property. Due to debt, the property may be disconnected from utilities (depending on the terms of the contracts).
Finally, let us remind you that when purchasing real estate, as well as when concluding any other agreement, you need to check the counterparty and his authority.
