What documents will be required?
To conclude a DBPNP, the parties will need to present the following documents:
1) Documents indicating the details of the parties, including:
- For legal entities persons - a power of attorney certifying the powers of the authorized representative of the enterprise.
- For an individual – passport or other identification document.
2) Title documents of the owner of the non-residential building that is the subject of the agreement.
3) Extract from the Unified State Register of Real Estate.
4) Technical passport for the building.
Is it possible to rent without paying rent?
Non-residential real estate may be required for conducting business activities, organizing production, creating retail facilities, public catering, and warehouses. The Civil Code establishes that such objects can be transferred for temporary use free of charge. However, the legislation does not imply the concept of free rental of real estate.
Based on the provisions of Art. 654 of the Civil Code of the Russian Federation, the lease agreement must necessarily include the terms and amount of payment - without this clause it is considered not concluded. From a legal point of view, such a transaction should be called a loan, implying an agreement for the gratuitous use of property (Article 689 of the Civil Code).
Important! It is worth sharing this type of agreement with the transfer of property rights free of charge. At the end of the period, the object must be returned to the owner.
How to draw up a contract correctly?
Having studied the features of the DBPNP, you can begin to fill out the form for such an agreement. To simplify the task, you can download this form at the end of the article.
Despite the fact that the DBPNP is free of charge, the agreement must provide for all aspects related to the costs of maintaining the building so that disagreements and disputes do not arise in the future.
To correctly draw up such an agreement, it is necessary to comply with the structure of the lease agreement, taking into account certain features. And first of all, it should be noted that such an agreement is drawn up in writing. When registering a DBPNP, it is necessary to keep in mind that all conditions must comply with the legislation of the Russian Federation.
The transfer of the building is carried out by drawing up an acceptance certificate, which is an integral annex to the DBPNP. It reflects all comments identified during the transfer. The same document ensures the return of the building to the owner.
The essential terms of the DBPNP are the subject of the agreement and gratuitousness. If the document does not contain data to identify a non-residential building and gratuitousness, the contract will not be recognized as valid (clause 3 of Article 607 of the Civil Code of the Russian Federation).
When filling out the form, first of all, you will need to fill out the “header” of the document, where you should note:
- Document's name.
- Place and date of its registration.
- Then proceed to filling out the preamble, where to display the details of the parties, indicating the full names of the participants in the transaction or representatives of organizations.
Next, you will need to fill out, first of all, the essential terms of the agreement, and then the remaining terms as agreed by the parties.
In this case you will need to fill out:
- Subject of the agreement, reflecting the purpose of transfer of the building.
- Rights and obligations of counterparties that do not violate the legislative norms of the Russian Federation.
- Costs of maintaining the building, where to designate the party that will bear this burden.
- Responsibility of the parties, according to existing laws.
- Duration of the agreement.
- Other conditions that are reached as a result of agreement between the parties.
- The final stage of filling out such an agreement is to display the details of the counterparties and their signatures.
Registration of the agreement is carried out in accordance with Art. 164 Civil Code of the Russian Federation. At the same time, this agreement does not fall under clause 2 of Art. 609 of the Civil Code of the Russian Federation, since the transaction does not relate to a lease.
A DBPNP can be concluded both for a specific period (clause 1 of Article 610 of the Civil Code of the Russian Federation) and for an indefinite period (clause 2 of Article 610 of the Civil Code of the Russian Federation).
Note. If the subject of the agreement is a building of cultural heritage, then Art. 609 of the Civil Code of the Russian Federation on state registration, except in cases where one party is a legal entity. person or, if the value of the object is more than 10,000 rubles (clause 1 of Article 161 of the Civil Code of the Russian Federation).
Conditions and requirements for the parties
If there is no question of payment, you can formalize your relationship without papers. But such an oral agreement does not make it legal for regulatory authorities. A written agreement must be registered when the premises are used for business purposes rather than personal ones. Without it, you won’t be able to open a store, office, or warehouse legally.
The borrower undertakes to use the property in accordance with its intended purpose (as specified in the contract). He coordinates all actions with the premises with the owner of the property. This condition applies to repairs and reconstruction of premises.
Important requirements for those entering into an agreement are as follows:
- Reimbursement of expenses. The lender undertakes to reimburse expenses if the unilateral termination of the agreement on his initiative entails waste by the other party.
- Early termination. At the initiative of those who entered into the loan agreement, the loan may be terminated on previously agreed dates.
- Elimination of room deficiencies. Repair and restoration work is carried out only with the approval of the owner, but at his expense.
Important! A real estate transaction is subject to registration with Rosreestr. This agreement is exempt from this procedure if its duration is less than 1 year. It is valid from the date when the parties to the transaction sign. The transfer of rights between them occurs according to Art. 606 Civil Code.
Contents of the agreement
DBPNP usually contains the following data:
- Document title and number.
- Place and date of its formation.
- Preamble, indicating the full names (full names) of the parties to the agreement and their data.
- The subject of the contract, with a detailed description of the object and a designation of gratuitousness.
- Duties of the parties.
- Responsibility of the parties to the transaction.
- Risk of accidental death or damage to the object.
- Refusal to cooperate and early termination of the agreement.
- Changes to the agreement and termination.
- Force majeure circumstances.
- Settlement of disputes.
- Final provisions.
- Addresses and details of the parties to the agreement.
- Signatures of the parties.
This list of sections is not mandatory. The parties can exclude or add some by mutual agreement.
Below we propose to consider the order of filling out the listed sections of the document.
Subject of the agreement
The subject of the agreement is one of the essential terms of the agreement. Therefore, the parties to the agreement are required to accurately describe the non-residential property transferred for use. This can be any building or structure, incl. garage. If the description of the object is insufficient for identification, then such a DBPNP may be considered unlawful.
When filling out this section, please note:
- Object location address.
- Square.
- The purpose of transferring the building for free use.
- Details of documents certifying that the object belongs to the owner.
At the same time, it must be noted that the building is being transferred free of charge.
For commercial enterprises, there are restrictions on the transfer of non-residential buildings free of charge. Buildings cannot be transferred free of charge to participants, founders, managers and members of the management of the enterprise.
Duties of the parties
By signing the DBPNP, the parties agree to the terms of the agreement and the responsibilities assigned to them.
The section needs to display the responsibilities of both the owner and the borrower.
So, for example, the owner of the object undertakes:
- transfer the building according to the acceptance certificate within the period reflected in the contract.
- Ensure payment of utilities.
The person who received the building is obliged to:
- Use the object for its intended purpose.
- Treats the owner's property with care.
- Fulfill the remaining conditions that are specified in the section, including returning the building within the period specified in the agreement.
Responsibility of the parties
Filling out this section involves displaying the responsibility of the parties to the transaction for non-compliance with contractual terms. This may include liability for damage to the owner’s property by the tenant in the form of compensation for losses incurred, or in the form of compensation for losses received by the tenant due to the landlord’s concealment of any defects at the facility.
Risk of accidental death or accidental damage to premises property
This section indicates, by agreement of the parties, who is responsible for accidental damage to the object or its destruction.
Refusal from this agreement and its early termination
The Civil Code of the Russian Federation provides that each party may refuse this agreement. To do this, you must notify the other party of your desire within the period specified in the agreement.
Here you need to specify the grounds that may cause the transaction to be terminated by both the owner of the property and its recipient.
Change of parties to this agreement and termination of its validity.
The owner of the transferred building has the right to dispose of his property at his own discretion. He can sell it, donate it, etc. The company that owns the building may be reorganized or liquidated. Therefore, in this section it is necessary to specify the conditions for the continuation of the DBPNP or its termination in the event of certain events occurring with the owner.
Force Majeure
During the validity of the DBPNP, various unforeseen events may occur that may interfere with the fulfillment of contractual terms. These could be acts of nature or man-made disasters. In the section it should be noted what measures the tenant is obliged to take in the event of force majeure circumstances.
Dispute Resolution
When counterparties cooperate, various controversial issues may arise. To resolve them, it is necessary to fill out this section, which provides methods for resolving conflicts within the framework of the legislation of the Russian Federation.
Final provisions
In this section, the number of copies of the agreement that are of equal force is usually noted. Typically, such a document is drawn up in 2 copies (one for each participant in the transaction).
In addition, here you can note other conditions within the framework of the legislation of the Russian Federation that were omitted in the previous sections.
Legal addresses and bank details of the parties
Here the parties are required to display their registration addresses and bank details. The data must be reliable.
Signatures of the parties
The final stage of registration of the DBPNP is the affixing of signatures by the parties to the agreement with a transcript of the names of the signatories. If the agreement is concluded between legal entities. persons, then the signature must be confirmed with the seal of the company.
Writing structure
The first is a full description of the subject of the transaction:
- Legal address.
- Floor.
- Number of office, production warehouse, zone, etc.
- Part of the premises (if its share is rented).
Expert opinion
Klimov Yaroslav
More than 12 years in real estate, higher legal education (Russian Academy of Justice)
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Important provision: terms of free rental. Clear start and end dates are indicated. If the parties have agreed on automatic renewal, then all conditions sufficient for it are written down in the form. If there is no date, the agreement is concluded for an indefinite period. But this condition does not mean that the free rental is eternal. The lender and the borrower have the right to terminate the contract at will at any time.
The standard contract contains the following clauses:
- Rights and obligations of each participant in the transaction.
- Intended use of the subject of the agreement.
- The procedure for transferring an object for free use.
- Details of the borrower and lender.
- Date of conclusion of the contract between individuals. persons, organizations.
At the end - the signatures of the parties.
Sample agreement for free use of non-residential premises
When is the best time to choose free rental?
It is preferable to conclude a loan agreement between counterparties who have a high degree of trust. Such agreements are relevant for people who have family ties. This way you can help a young entrepreneur organize his business, eliminating the costly rental of premises from third parties.
A short-term free rental option is also possible to create a legal address for the company in the case when your own premises are still under construction.
This type of agreement is also suitable for organizers of cultural and charitable events.
Termination
You can terminate the contract in the following cases:
- Expiration of the agreement. In the case of an open-ended transaction, one of the parties may decide to terminate the relationship at any time.
- At the initiative of the owner. When the lender fails to fulfill his promises regarding the maintenance of the property, the lender can initiate proceedings and force him to vacate the premises.
- At the request of the user. For example, in the event of discovery of previously undisclosed defects in real estate.
- By mutual agreement of the counterparties.
Thus, despite the simplified type of transaction due to the absence of provisions on rent, this type of agreement has a number of other features and, in order to avoid proceedings from regulatory authorities, must be legally drafted.
