Rules For The Public People Land Lease

Original Language Title: Noteikumi par publiskas personas zemes nomu

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/165950

Cabinet of Ministers Regulations No. 735 in Riga in 2007 (30 October. No 61 38. §) rules on State or local land lease issued in accordance with the State and municipal property privatization and privatization certificates on completion of the law on the use of article 9 of the seventh paragraph of article 16, fifth, ninth paragraph of article 20 and article 26, fourth part i. General questions 1. determines: 1.1. privatization of the expropriation or not transferred to State or municipal built-up or land belonging to the acquiescence (hereinafter referred to as the national or municipal land) order of conclusion of the lease and the rent calculation;
1.2. State not built or municipal land lease procedures of conclusion of the contract and the rental fee is calculated;
1.3. the privatization or expropriation passed built-up State or municipality land lease procedures of conclusion of the contract and the rental fee is calculated, if the owner of the building does not use or cannot use pre-emptive rights;
1.4. in the case of residential buildings and the owners or users of the orchard with the rights assigned to the building of the city the land for land use rights ended in accordance with the State and municipal property privatization and privatization certificates of completion to the use of article 26 of the law, the first paragraph (hereinafter referred to as the land of the city not redeemed): 1.4.1. procedures for resealable lease;
1.4.2. the procedures for the calculation of the rent;
1.4.3. the substantive provisions of the lease;
1.4.4. urban land lease type-a model contract (annex).
2. the provisions do not apply: 2.1 to the order in which the lease of public land that are privatised according to the law "on State and local residential privatization";
2.2. procedures for the lease of national or local authorities under State or municipal authorities.
3. These provisions, the terms "land" and "land" meet the real estate cadastre of the State law uses the terms "land unit" and "unit" of land.
II. Privatization of the expropriation or not transferred to State or municipal built-up land lease procedure of conclusion of the contract and the arrangements for calculating the rent 4. land lease contract for privatization or expropriation does not pass a State or municipality of built-up land may be authorised only by the owner of the building (structure), the legal possessor or user.
5. The lease of built up national or municipal land on which is located the State or municipal buildings (premises), land lease and the building (structure) the leasing contracts concluded at the same time.
6. To conclude land lease, the person or public institution in the municipality, which is located in the land of his possession, shall submit the following documents: 6.1. natural person – application, which contains the name, surname, personal code, declared place of residence address and the address where the other person is reachable, the stalls were deserted land address, area, cadastral designation (if known) and land tenancy during a planned operation;
6.2. legal person-an application which contains the name of the legal person (company), legal address, registration number, the stalls were deserted land address, area, cadastral designation (if known) and the land at the time of hiring, as well as the planned operation certificate from the register of persons who are authorised to represent the legal person;
6.3. documents proving ownership of the person concerned buildings (structures), or to the strengthening of the land ownership, one of the law "on real estate in the land recording" 17 and 28 of the documents referred to in article, or documents proving the person's right to use the relevant buildings (structures), or local authorities for the fact that the building (construction) are in use and the person agrees to this person's household (in rural areas).
7. Built-up land rent on an annual basis, the 1.5% of the State land service of the built-up land privatisation needs values on November 1, 2007. In addition to the rent the tenant of the landlord pays the duties established by law.
8. If you changed the use of the real estate object and it does not correspond to the purpose of use, set this rule value referred to in paragraph 7, the built-up land is amended the rent. Rental fee per year is set at 1.5% of the State land service of the value of the land built up privatization (as on November 1, 2007). The changes came into effect on the day when the changed property purpose. In other cases, the built-up land rent to the lessor does not report until 30 December 2009.
9. The rent increase by applying a coefficient of 1.5, for up to this point in the specified circumstances, where: 9.1. located on the land the legal possessor of the building (construction), which according to the law "on real estate recording in the land" is writable, but not recorded in the land registry;
9.2. building (construction) is recorded in the land, but after a change in the holder of the legal possessor is not secured in the ownership of the land (except, if the law prevents the consolidation of court prohibition);
9.3. a person has made the illegal construction on their use or lease existing land.
10. Built the land rents start to calculate the day of conclusion of the contract. The fee for the actual use of the land to the land lease for the conclusion of the contract is determined by agreement between the parties.
11. If the owner of the building (construction), the legal possessor or user refuses to enter into a lease, the lessor is entitled to claim the forced lease agreement.
12. The rent calculation period is one quarter. The rent due and payable no later than the first quarter to the end of the month, if the contractual partners shall agree on the procedures of other settlement. For lease payments specified in the absence of the lessor calculates the delay money 0.1% of the delayed payment amount for each day of delay.
13. Drawing up the lease requires the landlord information in electronic form from the relevant national registers. If the existing building land is not recorded in the land register statutory restrictions, details of building the lessor shall provide the owner of the building, the legal possessor or user. If the land is built up more independent buildings (premises), the owner shall provide notarized agreement for land use and the renter with each independent buildings (premises) of the individual land owner concluded lease.
14. The renter shall be invited in writing to the owner of the building, the legal possessor or user to conclude a land lease.
III. State not built or municipal land lease procedure of conclusion of the contract and the arrangements for calculating the rent 15. Public authorities information about rent, or owned or held them in place for land not built for national institutions of the official website in the internet, but local government information on rent to, or owned or held by its existing undeveloped parcels post visible Municipal Council (Council) building.
16. The rules referred to in paragraph 15 of the disclosure is optional, if not built is leased to such State or municipal land without a building right: 16.1, which are intermediate land;
16.2. the land, which are used for personal needs of palīgsaimniecīb according to the law "on land reform in rural areas of the Republic of Latvia" article 7;
16.3. the land that the town passed to the temporary use of the root (family) Garden installation.
17. A Person wishing to rent public or not built on municipal land, a municipality or a public institution, which is in the possession of the land, those provisions 6.1 or 6.2. documents referred to.
18. the lessor of land not built on after the adoption of State and municipal property privatization and privatization certificates on completion of the law on the use of article 22 in the second paragraph of the said decision on leasing land with building permission, or when the land not built on the lessor decides on the leasing of land without a building law, determines the rent on the basis of these provisions under section 7 of the land value. In addition to the rent the tenant of the landlord pays the duties established by law. The municipality has the right to impose higher rents, by issuing a binding rule. If local regulations are issued, not built-up land rent for the year are: 18.1. land in rural areas, which is used for personal assistant farm needs law "on land reform in rural areas of the Republic of Latvia" article 7 – 0.5% of the amount of this provision is specified in section 7 of the land value;
18.2. the land in urban areas, temporary use in transferring roots (family) of the garden-1.5% of the rules specified in section 7 of the land value;
18.3. in other cases, not less than 1.5% of the rules specified in section 7 of the land value.

19. If you do not state or local governments built up land lease auction, bidding started from lease fees set for 18 of these regulations. A rental contract concluded with a person who was promising the highest rent.
20. in determining responsibility for the rent of the failure, as well as if the rent is reviewed, applied this provision in paragraph 8 and 12 for the order.
21. The rent increase by applying a coefficient of 1.5, for up to this point in the specified circumstances: 21.1. If the lease agreement provides for the right of the lessee to leased land to build the building (construction) as independent property objects, but completed building (construction) during the six months after the commissioning of the land register is not recorded;
21.2. If the tenant has engaged in illegal construction on his land under lease.
22. The renter shall be invited in writing to a person to enter into a lease.
IV. Privatization or expropriation passed built-up State or municipality land lease procedure of conclusion of the contract and the rental fee is calculated, if the owner of the building does not use or cannot use pre-emptive rights 23. If the building (structure) the owner shall not be used or may use pre-emption to built-up piece of land, the State joint stock company "Privatization Agency", or the national joint stock company "national real estate", or the municipality shall take a decision on the privatisation of the land built up or transfer (by means of payment using the property compensation certificates).
24. Built the land rents start to calculate the day when a decision on the privatisation of the land built up or transfer (by means of payment using the property compensation certificates).
25. Built-up land rent year 1.5% down from this provision set out in section 7 of the land value. In addition to the rent the tenant of the landlord pays the duties established by law.
26. The rent increase by applying a coefficient of 1.5, for up to this point in the specified circumstances, if: 26.1. on land located in the tenant of the building (construction), which according to the law "on real estate recording in the land" is writable, but not recorded in the land registry;
26.2. the building (construction) is recorded in the land, but after the owners change the buyer is not secured in the ownership of the land (except you, if the law prevents the consolidation of court prohibition);
26.3. the person has made the illegal construction on rent or lease the land.
27. If the building (construction) owner refuses to conclude a lease agreement, the lessor is entitled to claim the forced lease agreement, rent shows and late recovery of 0.1% of the delayed amount due for each day of delay from the date when a decision on the privatisation of the land built up or transfer (by means of payment using the property compensation certificates).
28. the responsibility for the rent of the failure, as well as if the rent is reviewed, applied this provision in paragraph 8 and 12 for the order.
29. for lease to compose messages, these provisions shall apply in accordance with the procedure laid down in paragraph 13.
30. The renter shall be invited in writing to the building (structure) owner to conclude a lease contract after a decision on the privatisation of the land built up or transfer (using the property as payment of refund certificates) Regulations of the termination order became indisputable.
V. Not redeemed city land lease agreements and rent calculation procedure 31. If, in accordance with the State and municipal property privatization and privatization certificates of completion to the use of article 26 of the law in the first part of land usage rights have ended, the land rent in the municipality.
32. details of unredeemed town Government submitted in the same land to the State land service. If necessary, the municipality shall invite the person over land use rights (hereinafter referred to as the former land user), to submit additional information on buildings and orchards, lying on the ground with the building.
33. After the receipt of the messages needed for each piece of land the municipality prepare a land lease contract, notify the former land user on the land use rights expiration and land lease rights acquisition, and sends an invitation to conclude a land lease.
34. The local Government shall determine the rent on the basis of these provisions under section 7 of the land value. Rent a year determines the 1.5% of the rules specified in section 7 of the land value.
35. in determining responsibility for the rent of the failure, as well as if the rent is reviewed, applied this provision in paragraph 8 and 12 for the order.
36. The rent increase by applying a coefficient of 1.5, for up to this point in the specified circumstances, if: the land user building 36.1. (construction), which according to the law "on real estate recording in the land" is writable, but not recorded in the land registry;
36.2. the building (construction) is recorded in the land, but after a change in the holder of the land user is secured in the ownership of the land (except, if the law prevents the consolidation of court prohibition);
36.3. land user is made illegal construction on his land in use.
37. land lease agreement stating: 37.1. address, land cadastre and land registry of denominations, the area of the partition number (if the land is in the land);
37.2. the lessor and the lessee, indicating the personally identifiable data;
37.3. the lease rights acquisition time and the term of the agreement;
23.2. the rental fees and payment arrangements, as well as the rent review procedure;
37.5. the lessee's liability for delay of payment, as well as the obligation of the lessee to pay independent real estate tax;
23.4. the lessee's obligation to prevent this provision set out in paragraph 36 of the conditions, if any;
37.7. lessee's obligation to comply with ground under certain burdens, if the lease contract at the moment they are not recorded in the land registry;
23.5. the tenant rights with the lessor's written consent to perform construction on the leased land;
23.5. the dispute settlement procedures.
38. If the building (construction) owner or legal possessor refuses to conclude a lease agreement, the lessor is entitled to claim the forced lease agreement, rent collection and arrears recovery money 0.1% of the delayed amount due for each day of delay, starting with the day you joined State and municipal property privatization and privatization certificates of completion to the use of article 26 of the law referred to in the first subparagraph.
Vi. Closing questions 39. Be declared unenforceable in the Cabinet of 3 October 1995, the provisions of no. 292 "provisions on State land lease" (Latvian journal, 1995, nr. 22; 1996, no. 131; 2001, no. 162).
40. The costs incurred in determining the value of land privatization, land cover, the tenant entering into a rental agreement.
41. State and local land lease payments may not be applied.
42. the hiring or transfer of the privatization of the State or local governments built up land that has not yet concluded a purchase agreement, this provision shall apply the procedure laid down in chapter II.
43. If the built-up or not built the land lease agreement concluded before the entry into force of these regulations and have the lease of land lease right tacitly unilaterally change the amount of the rent, if the regulations provide for the rental of other land and the procedures for calculating the ground lessor these contracts should be amended within nine months from the date of entry into force of rules and rent to be determined by these rules.
44. The lessor may unilaterally change the rent by 30 December 2009. If the amended law on State or local land rental fee is calculated. Following certain changes of the lessor is bound by the lessee as of the date of entry into force of the amendments to the legislation.
45. where it is not built on leased public land with building or municipal, rental contract record in the land. To lease the land, the renter of record authorizes the tenant on behalf of the lessor to claim in all institutions to submit and receive all the necessary documents for that purpose and, if necessary, also to appeal to a judge of the land and of the national authorities, decisions and actions.
Prime Minister, Minister of finance Spurdziņš o. Minister with special responsibility for the acquisition of funds from the European Union's Affairs n. Brok Editorial Note: the entry into force of the provisions to the 9 November 2007.
 
Annex a Cabinet of 30 October 2007, regulations no 735 urban standard land lease contract Minister with special responsibility for the acquisition of funds from the European Union's Affairs n. Brok