Notarization, certification of contracts

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A long time ago, changes were made to Russian legislation, in accordance with which the number of contracts subject to mandatory notarization was reduced. In this regard, it has become much easier to conclude certain transactions - less time is required to prepare documents, therefore, the transaction will be completed faster. However, certification of contracts is still required in a number of particularly important cases. These include those listed in this article.

An annuity or lifelong maintenance agreement with dependents

Under an annuity agreement, one party (the annuity recipient) transfers ownership of property to the other party (the payer), and the payer undertakes, in exchange for the received property, to periodically pay the recipient annuity in the form of a certain amount of money or the provision of funds for its maintenance in another form.

Based on an agreement on lifelong maintenance with a dependent, the payer is obliged not only to pay the recipient the agreed amount of money, but also to support him - to clean the living quarters, buy food and medicine, provide care, etc. while all the rights and obligations of the parties are prescribed in the agreement .

Dear applicants! Article 26.1 of the Federal Law of July 21, 1997 N 122-FZ “On state registration of rights to real estate and transactions with it” provides for “State registration of the rental of residential premises.”

State registration of restrictions (encumbrances) on the right of ownership of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least one year, or on the basis of a lease agreement for residential premises of a housing stock for social use (hereinafter referred to as state registration of the rental of residential premises) is carried out based on the application of the parties to the agreement, unless otherwise provided by paragraph 2 of this article.

State registration of the rental of residential premises of the state or municipal housing stock may be carried out on the basis of an application from the tenant under the agreement specified in paragraph 1 of this article.

An application for state registration of the rental of residential premises is submitted to the body carrying out state registration of rights no later than one month from the date of conclusion of the agreement specified in paragraph 1 of this article.

For state registration of the rental of residential premises arising on the basis of a lease agreement for such residential premises concluded for a period of at least a year, along with the documents provided for by this Federal Law, documents confirming the rights of the lessor to conclude the specified agreement are submitted, if the landlord is not the owner of such residential premises premises.

For state registration of the rental of residential premises arising on the basis of an agreement for the rental of residential premises of a social housing stock, along with the documents provided for by this Federal Law, documents confirming the rights of the lessor to conclude the specified agreement are submitted, if the lessor is not a state authority or local government body , as well as documents confirming the right of the tenant to conclude the specified agreement. The list of documents confirming the right of the landlord and the tenant to conclude an agreement for the rental of residential premises of a social housing stock during state registration of the rental of such residential premises is established by the Government of the Russian Federation.

State registration of termination of the rental of residential premises may be carried out upon the application of one of the parties to the agreement specified in paragraph 1 of this article upon the expiration of the agreement or in the event of its termination. In case of termination of the contract specified in paragraph 1 of this article, documents confirming its termination shall be attached to the application. If a party to the agreement specified in paragraph 1 of this article unilaterally refused to fulfill the agreement, a copy of the notice of the other party to the agreement about the unilateral refusal to perform the agreement in the form of a registered letter with a postmark is attached to the application, and if the agreement is terminated in court - a copy of the court decision on termination of the contract that has entered into legal force, certified in the prescribed manner by the court that made the decision. The body carrying out state registration of rights, when submitting an application from one of the parties to the specified agreement, is obliged to notify the other party to the agreement in writing about this within a working day.

State registration of the rental of residential premises and termination of the rental of residential premises is carried out no later than five working days from the date of receipt of the application and documents required for state registration.

Marriage contract

A marriage contract is drawn up by spouses who wish to change the property regime of the spouses.

The conclusion of this agreement is allowed both before the registration of marriage and after it at any time before filing an application for divorce. However, it is worth remembering that this document will receive legal force only after the marriage is registered. Also, the marriage contract can be terminated at any time.

The text of the agreement cannot contain restrictions on the rights of spouses in relation to children. Also, the terms of the marriage contract cannot limit the legal capacity of the spouses and their right to go to court.

Article 609. Form and state registration of the lease agreement

Ruling of the Supreme Court of the Russian Federation dated 02/04/2019 N 302-ES18-24154 in case N A33-17409/2017 When accepting the appealed judicial acts, the courts, guided by the provisions of Articles 307, 309, 310, 450, 606, 607, 609, 614, 620, 651, 655 of the Civil Code of the Russian Federation, having examined and assessed in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation the evidence presented in the case, establishing that the disputed premises were transferred by the entrepreneur under the acceptance certificate No. 1 in satisfactory condition and accepted by the company, which improperly fulfilled the obligation to contribute rent payments in the period before the return of the premises, satisfied the entrepreneur’s claim.

Ruling of the Supreme Court of the Russian Federation dated March 27, 2019 N 308-ES18-24420 in case N A32-18799/2017

The cassation court, acting within the powers established by Articles 286 and 287 of the Arbitration Procedure Code of the Russian Federation, found that the appellate court incorrectly applied the rules of substantive law, and its conclusions that the plaintiff has continuously owned the disputed land plots for 15 years on the basis of lease agreements do not correspond to the evidence and factual circumstances available in the case, guided by Articles 421, 422, 445, 446, 609 of the Civil Code of the Russian Federation, Articles 26, 39.3, subparagraph 2 of paragraph 2 of Article 39.4 of the Land Code of the Russian Federation, Article 21 of Law No. 532-KZ, section 2 of the Determination Procedure prices, canceled the decision of the court of appeal regarding the establishment of the redemption value of land plots as amended by the plaintiff and resolved the disagreements of the parties in this part by accepting clauses 2.1 of the agreements as amended by the Department.

Ruling of the Supreme Court of the Russian Federation dated July 31, 2019 N 308-ES19-11437 in case N A32-17515/2017

Land lease agreement No. 0300000112 dated October 28, 2002 was not registered in the manner prescribed by law. The term of this agreement was 11 months, however, after its expiration, the tenant continued to use the land plot for another 5 years. The conclusion of the district court that the subsequent extension of this agreement did not impose on its parties the obligation to register it is incorrect, contradicting paragraph 3 of Article 433, paragraph 2 of Article 609 of the Civil Code of the Russian Federation.

Ruling of the Supreme Court of the Russian Federation dated October 17, 2019 N 305-ES19-17514 in case N A40-182515/2017

The courts of the first and appellate instances, having examined and assessed, according to the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case materials, guided by Articles , , 309, 330, 331, 424, 552, 609, 614 of the Civil Code of the Russian Federation (hereinafter referred to as the Civil Code of the Russian Federation), articles 7, 22, 26, 35, 39.7, 39.20, 65 of the Land Code of the Russian Federation (hereinafter referred to as the Land Code of the Russian Federation), Article 20 of the Moscow City Law of December 19, 2007 N 48 “On land use in the city of Moscow”, by resolution of the Moscow Government of April 25, 2006 N 273-PP “On improving the procedure for establishing rent rates for land in the city of Moscow” (hereinafter referred to as Resolution N 273-PP), with explanations set out in paragraph 14 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated March 24, 2005 N “On some issues related to the application of land legislation,” taking into account the circumstances established by the Moscow Arbitration Court when considering case No. A40-197118/2016, we came to the conclusion that there are grounds for collecting debt from the defendants for the use of the land plot and that there are no grounds for satisfying counterclaims claims of the companies “Varshavskoe 38A” and “Varshavskoe 38B”.

Ruling of the Supreme Court of the Russian Federation dated October 23, 2019 N 308-ES19-18509 in case N A01-2452/2018

The courts of the first and appellate instances, having examined and assessed, according to the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case materials, having analyzed the terms of the agreement dated April 14, 2008 No. 1 and the additional agreement thereto, guided by Articles 309, 310, 606, 607, 609, 610, 614, 622, 650, 651 of the Civil Code of the Russian Federation, taking into account the circumstances established by the Arbitration Court of the Republic of Adygea when considering dispute No. A01-184/2017, we came to the conclusion that there are grounds for recovery from the entrepreneur (tenant) in favor of the Company (lessor ) rent arrears, since the fact that the entrepreneur used the rented premises in December 2021 under the contract dated April 14, 2018, renewed for an indefinite period, is confirmed by the evidence presented in the case file.

Ruling of the Supreme Court of the Russian Federation dated October 31, 2019 N 307-ES19-19056 in case N A05-13954/2018

Having assessed the evidence presented in the case materials according to the rules of Articles 65 and 71 of the Arbitration Procedural Code of the Russian Federation, having analyzed the terms of the lease agreement dated 08/14/2012 N 101/12/G of the land plot provided for the placement of an individual garage, and the additional agreement to it dated 11/29/2017 , the court, guided by paragraph 1 of Article 164, paragraph 2 of Article 609 of the Civil Code of the Russian Federation, part 2 of Article 14, articles 26, 27, part 12 of Article 29, part 1 of Article 51 of the Registration Law, recognized that after the expiration of the specified agreement lease registered in the prescribed manner, neither party declared its termination, and therefore, in accordance with paragraph 2 of Article 621 of the Civil Code of the Russian Federation, this lease agreement is considered renewed on the same terms for an indefinite period and at the time of conclusion additional agreement dated November 29, 2017, which established the validity period of this agreement from November 29, 2017 to November 29, 2020, the specified lease agreement was valid.

Cassation ruling of the Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation dated October 2, 2019 N 25-KA19-5

According to paragraph 2 of Art. 609 of the Civil Code of the Russian Federation, a lease agreement for real estate is subject to state registration, unless otherwise established by law and by virtue of Part 3 of Art. 433 of the Civil Code of the Russian Federation is considered concluded for third parties from the moment of its registration, unless otherwise provided by law.

Ruling of the Supreme Court of the Russian Federation dated November 22, 2019 N 306-ES19-20901 in case N A12-32718/2018

When accepting the appealed judicial acts, the courts of the first and appellate instances, guided by the provisions of Articles 309, 310, 329, 330, 333, 421, 607, 609 of the Civil Code of the Russian Federation, Articles 35, 39.20, 65 of the Land Code of the Russian Federation, taking into account the expert opinion, made recalculation of rent arrears.

Ruling of the Supreme Court of the Russian Federation dated November 18, 2019 N 307-ES18-7543 in case N A26-1401/2016

Guided by Articles 167, 433, 609, 651, 779, 781 of the Civil Code of the Russian Federation, the provisions of the Federal Law of March 26, 2003 N 35-FZ “On Electric Power Industry”, the Rules for non-discriminatory access to services for the transmission of electrical energy and the provision of these services, approved by the resolution Government of the Russian Federation dated December 27, 2004 N 861, Basic provisions for the functioning of retail electricity markets, approved by Decree of the Government of the Russian Federation dated May 4, 2012 N 442, Rules of state regulation (revision, application) of prices (tariffs) in the electric power industry, approved by Decree of the Government of the Russian Federation dated December 29, 2011 N 1178, the courts assessed the evidence presented in the case materials in accordance with Article 71 of the Arbitration Procedure Code of the Russian Federation and came to the conclusion that the stated requirements were unfounded. The courts indicated that the network organization has the right to claim payment for services provided through power grid facilities, the costs of maintenance and operation of which are taken into account when approving the tariff decision. Since in this case such costs are not taken into account when setting tariffs, the courts refused to satisfy the plaintiff’s claims.

Ruling of the Supreme Court of the Russian Federation dated January 11, 2019 No. 306-KG18-22382 in case No. A49-17020/2017

The courts of the first and appellate instances, having examined and assessed, according to the rules of Article 71 of the Arbitration Procedure Code of the Russian Federation, the evidence presented in the case materials, guided by Articles 198, 200, 201 of the Arbitration Procedure Code of the Russian Federation, Articles 606, 607, 609 of the Civil Code of the Russian Federation, Articles 14, 18, 21, 44 Federal Law dated July 13, 2015 N 218-FZ “On State Registration of Real Estate”, explanations given in paragraph 9 of the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated November 17, 2011 N “On certain issues of practice in applying the rules of the Civil Code of the Russian Federation on lease agreements” , paragraph 9 of the Review of Judicial Practice of the Supreme Court of the Russian Federation No. 2 (2018), approved by the Presidium of the Supreme Court of the Russian Federation on 07/04/2018, establishing that the property - a building (part of which is the subject of a lease agreement), owned by the Company by right of ownership, is placed on state cadastral registration and the cadastral passport describes all the premises specified in the lease agreement, the subject of the said agreement is determined by textual and graphic description, we came to the conclusion that the Rosreestr Office has no grounds for suspending the state registration of the lease agreement, since the Company submitted the right with the application for registration all necessary documents.

Ruling of the Supreme Court of the Russian Federation dated January 14, 2019 No. 307-KG18-22594 in case No. A05-15055/2017

Satisfying the requirements stated by the administration, the courts were guided by Articles 11, 26, 39.6 of the Land Code of the Russian Federation, Articles 425, 433, 452, 609 of the Civil Code of the Russian Federation, Articles 9, 14, 27 of the Federal Law of July 13, 2015 N 218-FZ “On State registration of real estate" and proceeded from the absence of legal grounds for the Administration of Rosreestr to refuse the administration's state registration of the controversial additional agreement.

Step-by-step instruction

To register an agreement, you must perform the following algorithm of actions:

Mandatory presence of both parties.
The lease agreement must be executed in three copies (two for each party and one for the Rosreestr authority).
Collect the package of necessary documentation.
Provide the complete package to the local Rosreestr office.

Required documents

The package of documents must include the following papers:

documents confirming ownership of residential premises;
title document for the rented living space;
a document confirming payment of the state fee for registering the lease agreement (receipt or check);
originals and copies of passports of both parties;
both copies of the agreement signed by each party;
technical plan of the property (issued by the BTI body).

Title documents are recognized as the sources on the basis of which the living space became the property of the owner , for example:

purchase agreement;
gift agreement and other documents.

Reference. The technical plan must indicate the number and area of rooms, as well as their location.

Action plan for transaction participants:

Drawing up and signing an agreement.
The process of collecting the required documents.
Submitting the application and all documents to the Rosreestr authorities.
Waiting for a response, which should follow in 5 business days.
Entering information by Rosreestr employees into the Unified State Register of Real Estate.
Receiving a registration document.

Apartment rental agreement - apartment rental agreement - sample

Drawing up an application for government registration

There is a standard application form and it is located in Rosreestr. There is no established form at the legislative level. The form can be downloaded on the Internet by typing the required query into a search engine. However, the application must contain:

the correct name of the institution and full name, as well as the position of the responsible person to whose name the application is sent;
Full name and address of the applicant, as well as contact information (telephone, email);
document's name;
consent of the spouse (if any);
date and personal signature of the applicant.

In general, the document looks like this:

In the upper right corner, fill out the header of the application addressed to the authorized person. The full name of the institution and the applicant’s details are also written down.
Next, in the middle, the name of the document is written - a statement.
The “body” of the application contains a request to register the rental agreement indicating the address of the property.
Next, the consent of the second spouse, his full name, signature and transcript (if any) is written down.
At the end, the current date and personal signature with the applicant’s transcript are affixed.

On a note. The application, along with a complete package of documents, can be submitted by the legal representatives of the owner on the basis of a notarized power of attorney.

In what time frame does this need to be done?

The rental agreement must be registered no later than 30 days from the date of its signing (Federal Law No. 218, Article 51).

Duties and other expenses

The state fee for the service of registering a rental agreement is 2,000 rubles. However, if the documents will be submitted by a legal representative, the owner must contact a notary to draw up a power of attorney. This service is also paid. Specific amounts must be found out at the notary's office, as they differ depending on the region of residence.

Is it necessary to register a document between individuals?

According to Article 609 of the Civil Code of the Russian Federation, a rental agreement is a document on the basis of which the owner undertakes to provide living space for living to another individual. The legislation makes it possible to conclude rental agreements for a period of up to five years in accordance with Article 683 of the Civil Code of the Russian Federation.

On a note. If the agreement does not specify a specific period, then the period is automatically considered to be five years. Agreements that specify a period of up to one year are short-term.

If the owner initially wants to draw up a short-term type of contract, then he must necessarily indicate the period. A rental agreement is void if it does not contain payment information.