Selection of the most important documents on request Rental Rental Evaluation land plot (Regulatory acts, forms, articles, expert advice and much more).
Articles, Comments, Answers to Questions
Based on the analysis in accordance with the rules of Article 431 of the Civil Code of the Russian Federation, the terms of the contract of 27.08.2009, the assessment of the shareholders of the founders dated December 31, 2008, Protocol No. 1 of the General Assembly of the founders of the NMT CJSC of August 27, 2009, the courts found that as a contribution The plaintiff in the authorized capital of ZAO "NMT" along with the transfer of rental rights to land plots was assumed to make them lease payments in the amount of payment for the use of this property for a period of 15 years, taken into account in the evaluation market value Transferred to the defendant the right to rent land plots.
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"... to ensure the fulfillment of the obligations of the borrower - OJSC" Business Holding ", between the defendants under this case, a contract was concluded from June 26, 2007 No. 71/0607-Z (t. 1, ld 48 - 52), The conditions of which OJSC Vasilyevsky Torg transferred OJSC "Akb Spurt" in a pledge to him on ownership of real estate: built-in non-residential premises located at the address of Zelenodolsk Republic Tatarstan, ul. Oktyabrskaya, 1, estimated by the parties in the amount of 27 810 600 rubles, as well as the right to rent a land plot with a total area of \u200b\u200b3,465 square meters. m, land category - land of settlements, cadastral number 16: 49: 010623: 0055, located at the address of Zelenodolsk Republic Tatarstan, ul. Oktyabrskaya, 1, the right to lease of the land plot is appreciated by the parties in 1,000 rubles.
Regulations: Evaluation of the Rental Rental of the Land
Federal Law of 08.05.2009 N 93-FZ
(ed. from 12/29/2017)
"On the organization of the meeting of the heads of states and governments of countries - participants of the Asia-Pacific Economic Cooperation Forum in 2012, on the development of the city of Vladivostok as a Center for International Cooperation in the Asia-Pacific region and on amending separate legislation Russian Federation" 23. When evaluating the market value of the right of permanent (perpetual) use of a legal entity of a legal entity, which is terminated due to the removal of this land plot to place the objects necessary for the summit, such a right is assessed as the right of a land tenant transmitted for the term forty nine years. During the assessment of the market value of the right of permanent (perpetual) use or lifelong inherited ownership of a land plot of a citizen, which is terminated in connection with the seizure of the specified land plot to accommodate the objects necessary for the summit, this right Assessed as ownership of the specified land plot.
Decision of the Government of the Russian Federation of July 16, 2009 N 582
(Ed. dated December 21, 2018)
"On the basic principles of determination rental When renting land plots in state or municipal property, and on the rules for determining the size of the rent, as well as the procedure, conditions and terms of rental fees for land owned by the Russian Federation " 10. When concluding a land lease agreement, in accordance with which the rental fee is calculated based on the results of the market value of the land rental right, the federal executive bodies provide in such a contract the possibility of changing the rent due to changes in the market value of the land rental right, but Not more than once every 5 years. At the same time, the rent is subject to recalculation as of January 1 of the year following the year in which an assessment was carried out, carried out not more than 6 months before the recalculation of the rent.
Rental assessment Today is an important component of the economic activity of the entire Russian business. In accordance with Article 607 of the Civil Code of the Russian Federation, the owner or any copyright holder has the right to pass its property for rent to other physical or legal entities. A leased object can be any things and items related to the category of "infused", namely real estate, land, apartments, enterprises and other property complexes, transport sphere facilities that do not lose their natural properties in the process of using them.
During the conclusion of a lease agreement, the tenant, together with the right to use the facility at its discretion, can also get full use and disposal of property - it depends on the terms of the contract. Thus, the right of lease, as well as other rights received under the contract, can be transferred to third parties in any legitimate form of civil turnover, for example, sold. But in order to profitably sell it, it is necessary to know the market price of the right, but such an opportunity, just gives evaluation of rental rights.
What are the features of the rental rights and rental rights? They consist of a comprehensive analysis of benefits and benefits that give a contract to the tenant. After all, in fact, the purchase of rights itself, the estimate of the rental cost is not small money, and if the set of beneficiaries in this document does not give any benefits, in comparison with the contract, which can be concluded directly with the landlord, the legal issue arises - Why do you need additional costs?
During the assessment of lease rights, the following factors are taken into account:
- rental Conditions (Terms, Amounts and Payment Procedure)
- characteristics of the lease itself (area, floors, construction Materials and elements of finishing, location, convenience of the entrance, the availability of communications)
- the infrastructure of the location in which the leased object is located;
- term of the lease agreement and prolongation conditions;
- any additional rights, as the right of redemption, the right to sell, etc.
Advantages increasing the cost of rental rights, which are accounted for when evaluating
- Advantage in the amount of rental rates
- The right to buy a leased object
- Rentation of the cost of tenant
Thus, the rental assessment in the estimated company gives you the opportunity to get real savings of your funds if you are in the role of the acquirer of the right to rent a land plot, apartments, other real estate, or, on the contrary, increase your profits from the realization of the rental rights if you are a landlord.
Rental rental of land
The cost of renting a land plot takes into account many factors and is directly dependent on: the content of the lease agreement and its term, the rights of the leaseholders granted to him by this Treaty, permits for the use of land for specific purposes expected by income for the period of time associated with the most theoretically profitable Its use. Also, the value of the rental right can be influenced by the place where the site is located, the availability of communications, the permitted and real use of the Earth, the convenience of the entrance.
Usually, the lease estimate of the land plot is carried out on the basis of the analysis of prices of prisoners of transactions or suggestions of proposals (offer) for the sale of the rights of use by land plots, which are identical to him in its characteristics (comparative assessment method).
Estimation of land rental rights can be carried out at:
- purchase and sale of rental rights;
- making the right as a contribution to the authorized capital of the enterprise;
- lending on bail;
- buying, selling, merger, the absorption of the enterprise that owns the rental of land plots;
- development and adoption of management and investment solutions related to long-term planning;
- investing funds;
- other situations that are somehow intersect with the realization of the rights management of land owned.
Additional information about the assessment of land rental costs you can get on the pages.
The Earth is an object of great economic significance. Land plots are the basis of any real estate and in demand on the market as a means of production for business, as an object that meets consumer people's requests and as an investment facility for all market participants.
But the acquisition of land in the property is not the only legal form of ownership, on the basis of which the land plot can be used, renting land is a real and cost-effective alternative to its purchase.
When buying a land plot, the buyer acquires ownership of this site and the cost of its rights is equal to the value of the acquired land. And what does the tenant acquire, what is the cost of his rights, how to evaluate these rights, expressing their value in monetary units? Such questions often arise in the preparation of various transactions with the rights of land lease and conduct the land assessment procedure.
Definition of an assessment object
When evaluating the land as part of the transfer of land lease rights, it is necessary to correctly define the assessment object itself. The Law 135-FZ "On Appraisal Activities in the Russian Federation" allows for estimating the cost of not only material objects, but also of individual rights in relation to these facilities, therefore, in this case, the assessment facility will be the market value of the land rental right to lease on the Rental Treaty And the source of law and the right-exploration document will be an existing lease agreement.
Rental law (by the tenant) is the right of urgent, compensated possession and use of the land plot under the conditions specified in the lease agreement. This right can be sold to another person, entered into the authorized capital of the enterprise or transferred to the deposit - provided that these actions do not contradict the provisions of the Rental Treaty. However, for all these operations, it will first need to evaluate the cost of the rental right, since any of the listed actions requires the indication of the value of the object.
Parameters affecting the cost
The cost of land rental rights (from the tenant) is determined by the economic benefits and obligations that the tenant receives and receives. Economic benefits that can be obtained from the use of the site depend not only on its physical characteristics (area, form, location, relief features, availability of engineering networks), but also from the legal status of the site (land category, allowed use, the existence of encumbrances, the availability of permits for construction). Often it is the legal features of the legal position of the land plot to a greater extent determining the cost of rental right than its physical characteristics.
In addition to the above pricing factors, it is necessary to take into account the terms of the rental contract, which are essential parameters in determining the cost of rental.
What provisions of the Rental Treaty are most influenced by the cost of renting a land plot? First of all - this lease term, payment period, magnitude rental payment, the procedure for changing the rental rate, the availability of special obligations requiring additional costs from the tenant or give it additional advantages, measures to additional financial incentives for the tenant, as well as the conditions for early termination of the contract.
Best Economic Use
After establishing all the pricing parameters of the assessment object, it is necessary to determine the "best and most efficient use of the" leased land plot.
What includes the concept of "best and most efficient use" and why is it important? As noted above, the allowed use of the land plot largely determines its value, but even within the framework of the permitted use of the Earth can be used in different ways. For example, you can build an indoor parking lot, and you can simply make a platform for vehicles. In the first case, the costs will be higher, but the subsequent income from operation will be higher. In the second case, the costs will be lower and less income. What is more effective? The theory of evaluation gives it a unambiguous answer. The best is the way to use in which the value of the land will be maximal. At the same time, it is understood that the best and most efficient use, except for financial efficiency, should be legally possible, physically and financially feasible. That is, it is impossible to consider ways to use that contradict existing legal norms or are unimaginable for various reasons for technical, financial or organizational order.
It should be remembered that the cost of the land plot and the cost of its leases are always determined solely as a suggestion of its best and most efficient use. At the same time, its current use may not coincide with the best use that was determined by the above principles.
Methods Evaluation
In assessing the cost of land rental rights, methods of income and comparative approaches are applied.
Methods of a comparative approach to land evaluation are most visible - for example, a method of comparative analysis of proposals for sale or real transactions. This method is based on direct comparison The parameters of the assessment object with analogues presented on the market - most often these are proposal for the assignment of the right to lease land plots for various purposes. This method works well if a valid is available to reliable and current market information, allowing to conduct a correct comparison of the object of the assessment and similar objects presented in the market for the sale of rental rights.
However, when comparing multiparameter objects, what is the right to lease of the land plot, the selected object objects will inevitably differ in something from the estimated area - on the area, rental periods, location, placement relative to the main highways, etc. The influence of these differences on the value of the assessment object should be considered, introducing reasonable adjustments to the specific prices of objects-analogs.
When selecting analog facilities, it is necessary to take into account the best use of the land plot, since differences in price arising because of various best uses, it is almost impossible to adjust. Therefore, the objects of the-analogues should be discarded, whose best use does not coincide with the best use of the assessment object. For example, if the plot, the right of lease for which is estimated, has the construction of a building as the best use, it cannot be compared with the land of agricultural purposes.
When choosing analogs to assess the rights of land lease, it should also distinguish between areas sold in ownership, and leased sites. A comparison of the cost of renting a land plot and the value of the area selling to the property is possible only if the rental of the area of \u200b\u200bredemption in the property is provided, indicating the conditions for such a ransom.
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The Rental Rental Rental can be determined:
In the presence of data on the market value of such rights - at their market value;
In the absence of data on the sale of rental rights on the difference between the market and actual rental rate, including other costs associated with the use of land discontinued for the rental period;
As the difference between the market value of the land and costs associated with the acquisition of such a right.
In case of finding a land plot in state or municipal property (this is the most typical case for modern conditions for the formation of the land market), the right to lease the tenant can be calculated on the basis of the right of the right to use the land plot, which are determined by the terms of the contract's conclusion, the cost of acquiring a plot to be owned, Risks of revenue reduction due to raising rental rates.
The cost of renting the tenant of the land plot, which is in state or municipal property is defined as:
where: With ar - the cost of renting the tenant, With zu - Market value of land, With oi. - the cost of encumbrances imposed by the landlord (local governments) on the tenant when using a land plot, From B. - redemption price of the land.
If the cost of the lease rent is zero or has a negative value, despite the fact that the object itself has a market value or brings income from exploitation, this means that the value of the established payments for the land is equal to rent either exceeds the land rental and forms a negative income flow, which is Income created by improvements.
Similarly, it is possible to determine the value of the land in other rights. In this case, we are not talking about the market value of the Earth or the market value of the right of rent, but on the value of the right of perpetual use of the land plot or if the site is built up, about the share of the value of a single object of real estate percentage of land with such a division of land and improvement rights.
Definitions of the collateral value of the propertyThe collateral value of the estimated property is usually determined in the 3 stages:
evaluation of the current market value of the property;
Adjustment of the value of the market value on the basis of an expert forecast for the change value of the property at the date of the realization of property;
Administration of the forecast value of the property on the magnitude of the potential costs and costs, legal and economic risks arising in the process of addressing the recovery and sale of property.
The calculation of the collateral coefficient is made as follows:
where: k.- collateral coefficient
With R. - current market value of the property;
W. - the ratio of the projected value of the property to the current market;
L. - the ratio of liquidation value to the market is determined by the degree of liquidity of this property, it is possible to influence the cost of identified legal or economic risks;
G.- costs and costs when implementing this property.
Respectively:
In order to simplify the calculation of the collateral value and make it more technological, banks calculate the collateral coefficient, taking into account all the listed adjustments for a particular type of collateral and credit period.
The deposit value of the land plot is calculated on the basis of its liquidation value. The liquidation cost of the object of deposit should always be greater than the value of the loan, which can be provided for a specific provision.
In accordance with FSO№2, in determining liquidation cost the estimation object is determined by the calculated value reflecting the most likely price at which this object of assessment can be alienated for the exposure date of the assessment facility, a smaller typical exposure period for market conditions, in conditions where the seller is forced to make a transaction on the alienation of property. When determining the liquidation value, in contrast to the determination of the market value, the influence of emergency circumstances, forcing the seller to sell an object of evaluation on conditions that are not relevant to the market has been taken into account.
It should be noted that the magnitude of the liquidation value of the object is always less than the magnitude of its market value. Moreover, the faster it is necessary to implement the object, the less the magnitude of the liquidation value compared with the market value. Reducing the exposure period and the need to use liquidation cost occurs when assessing objects:
- property implemented with the participation of judicial performers;
- assets of liquidated enterprises, including when conducting a bankruptcy procedure;
- property in the tax pledge and subject to implement to repay tax debt;
- objects of unfinished construction;
- any property subject to accelerated realization by virtue of any economic or other reasons.
The same object that has a certain market value may have different levels of liquidation value at various fixed periods of exposure, which are shorter than a long period of exposure of this facility. In this regard, the liquidation cost of objects is determined on the basis of their market value in accordance with the concept of coordination and acceleration of objects. In the event that the fixed period of exposure of the object is not shorter than the reasonably long period of its exposure, the object has a market value, but subject to the presence of other signs of market value.
In the case of forced sale of the estimated property in time, less than the usual exposure period of similar objects, a potential mortgagee can be focused on the elimination value calculated by the direct comparison method or indirect.
Direct methodcomparison of the definition of liquidation value is based exclusively on a comparative approach. The use of the direct method is implemented by either direct comparison with the analogues or statistical modeling (correlation-regression analysis). However, information about transaction prices in the conditions of forced sale of objects is difficult to access, which causes the extreme limited possibility of applying this method (although if there is a necessary information, it has a high degree of objectivity).
Indirect methodit is based on the calculation of the liquidation value of the object, based on the magnitude of its market value, which is formalizable in the following form:
Liquidation cost \u003d market value - discount on the fact of forced sale
The liquidation cost of the object is calculated on the basis of its market value by the formula:
where: With L. - the liquidation cost of the object of the assessment corresponding to the fixed period of its exposure ( t F.), which is shorter than the wisely long exposure period; With R.- market value of the assessment object; k L. - the coefficient of the ratio of the liquidation and market value of the assessment object; t D.- a period of discounting (years); m. - the number of percent accrual periods during the year; i. - the annual discount rate used in the calculation of the liquidation value (expressed as a decimal fraction); K E.- The coefficient that takes into account the influence of the elasticity of demand for the price of the liquidation value of the assessment object.
Determination of the liquidation value of the indirect method is carried out in stages:
1) the market value of this object is determined ( V M.).
2) based on the available market information or by conducting surveys of operators of the relevant markets, specialists are justified by the reasonably long period of exposure of this facility ( t R.) .
3) defining a fixed period of exposure of this object ( t F.), given the forced nature of the implementation of the object, and the discount period is calculated ( t D.) according to the formula:
t d \u003d t r - t f, (12.9)
where t R. - reasonably long period of exposure of the object of assessment (years); t F.- Fixed period of exposure of the object of assessment (years).
4) The annual discount rate is justified using the calculation of the liquidation value. If the assessment object is a pledge object, a bank is the pledgee, the annual discount rate ( i.) Accepted at the level of annual bank loans, which is determined by market data. In other cases, the annual discount rate is made at the level of annual bank deposit rates, which is determined by market data. At the same time, an annual deposit / loans should be elected an annual rate for deposits / loans, the period of which is close as close as possible to the discount period ( t D.).
5) the coefficient is determined that takes into account the influence of the elasticity of demand for the price of the liquidation value of the object ( To E.). When solving this task, Table is used. 13.
6) the coefficient of the ratio of the liquidation and market value of the object is determined ( k L.) according to the formula:
(12.11)
Table 13.Table for determining the coefficient To E.
Independent assessment of land rental rights or non-residential premises It is in great demand among business owners and state structures, for the implementation of management tasks and determination of the rental sizeIn the Russian Federation, the right to lease of real estate is regulated by the Civil Code. In particular, Article 607, it is indicated that the owner has the right to rent property, concluding an agreement with the tenant.
Service cost
- Discount regular customers and in large orders.
- We offer for individuals and legal entities.
- Free delivery of reports when ordering from 20,000 rubles.
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Note estimates
Estimation of land rental or non-residential premises is needed by property owners if they plan to rent it and make a profit. Also the landlord may arrange a contract with subsequent redemption Earth or premises and then it is necessary to evaluate the market value of the rental rights. In addition to the cases described above, the assessment is necessary:
- under sale transactions, where the object of the transaction is a building or an enterprise located on a plot with the presence of rental rights;
- when requesting loans in the bank, when property is the key to the return of the loan;
- for tax authorities
- planning investment operations.
Methods Evaluation
When conducting an examination of the right to rent land or non-residential premises use various methods Estimates based on the purposes and conditions of the Lessor and Tenant:
- The balance method is applied if the landlord / tenant plan to improve the object, introducing innovations and spending additional funds, which will subsequently entail additional profits from rented areas.
- The capitalization method is applied when planning economic and commercial activities on a land plot or in non-residential premises, it is based on counting profit when using an assessment facility. The capitalization method is similar to the remover, but does not imply additional investments in real estate innovation.
- The method of selection is used in the presence of buildings on rented areas - the similar property is investigated, the cost of buildings is compared and the differences in real estate objects are determined, comparative analysis other aspects of rented premises or land.
- The distribution method is similar to the method of isolation, but it does not estimate the cost of buildings and comparative analysis with other similar real estate objects.
- The sales comparison method is used in the case of the developed market for competitive suggestions for renting at the location of the assessment object. The method is based on comparing the cost of lease of similar species of real estate.
- The method of intended use is based on the calculation of income from a certain type of activity using leased real estate. The difference in the assessment consists, for example, if built on the land plot, which can be passed to commercial lease, or area can be used only in agricultural purposes.
Required documents
For high-quality and quick assessment of the right to rent a land or non-residential premises in Moscow SpecialistsLtd. "Guild Independent Consultants" need to provide the following package of documents (copies) from the Customer:
- object passport or geodesic plan of land;
- certificate of appointing non-residential premises or a land plot category, which is issued when issuing lease rights / property;
- annex to the appointment of non-residential premises or a landmark category, which indicates the types of permitted activities using the assessment object;
- help or certificate of restrictions on the land plot or in non-residential premises, for example, the presence of telecommunication and gas lines on leased areas. The document can be requested in the relevant state authority;
- extracts confirming the rental rate or paid land tax;
- if there is a property lease agreement.
Contact B. LLC "Guild of Independent Consultants" site with emerging issues necessary documentationAnd we will advise you individually and tell me where to get missing documents.
Features Evaluation Rental Rent
Assessment of the right to rent a land plot or non-residential premises is carried out not only in business relationships, but may be needed in the inheritance of property.
The notary, which is engaged in the issue of registration of the inheritance, should rely on the established value of the land plot or non-residential premises when issuing state duty. According to the legislation, the size of the state duty is determined on the basis of the queue and the state cadastral value of real estate.
Also the procedure has features in the field agriculture. To provide land for agricultural work, it is necessary to establish the initial price - the state cadastral value, and then consider the following factors:
- the market value was put on the land;
- previous results of trading on this land plot;
- valuation costs;
- land tax;
- analysis of gross products in rubles with profit and other.
Highly qualified appraisersLLC Guild Independent Consultants will hold a comprehensive assessment of the Rental Rentation,given the above items, and will provide a conclusion that meets the requirements of legislation and civil relations.
Evaluation Report
Specialists The Guild Independent Consultants LLC on the basis of the assessment will prepare a report that is legally binding in the Arbitration Court and other government instances.
The standard report includes the following sections:
- fixed data of the estimated property;
- the purpose of the assessment;
- an indication of the valuation values \u200b\u200b- cadastral or market value;
- enumeration of used assessment methods;
- the cost of studied objects based on verification;
- tested by appraisers data of assessment objects;
- the right of the tenant and the rental terms (on the basis of these public services and the owner);
- calculated rental size;
- general situation with real estate market in this area;
- listing the grounds for receiving rental rights and other.
The client can form additional reporting requirements, as well as trace all the steps of verification on the basis of the data set out in the report.
Advantages of LLC "Guild of Independent Consultants"
- Highly qualified appraisers and lawyers, members of self-regulating organizations that have passed the certification required by the legislation.
- We will draw an assessment and establish all types of real estate value - cadastral, market, investment, liquidation and others.
- We will provide an individual approach to solving the requests of each client and will conduct free consultations in the real estate assessment process.
- Prices for assessment services will pleasantly surprise customers, because we offer prices on the lower border of the average market.
- The company's specialists conduct more than 200 estimates of the market value of the objects annually.
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