Rules On The Calculation Of Land Rent Procedure And Not Redeemed In Urban Land Rental Contract Procedures

Original Language Title: Noteikumi par zemesgabalu nomas maksas aprēķināšanas kārtību un neizpirktās pilsētu zemes nomas līgumu slēgšanas kārtību

Read the untranslated law here: https://www.vestnesis.lv/ta/id/115459

Cabinet of Ministers Regulations No. 645 in Riga in 2005 (30 august. No 49 42. §) rules on the calculation of land rent and not buy city land lease contracts Issued under the order of the State and municipal property privatisation and use the certificate of completion of the privatization Act of the seventh paragraph of article 9, article 20, of the ninth part of the fourth paragraph of article 22 and article 26, fourth part i. General questions 1. determines the order in which calculation: UR1.1.apb ūvēt of State and municipal land rent If the owner of the building does not use its own national and municipal property privatization and privatization certificates of completion of the use of the law (hereinafter referred to as the Act) certain pre-emptive rights;
1.2. not built on the State and local land rent.
2. in respect of the law not redeemed in the human city of the land these rules provide: 2.1. procedures for resealable lease;
2.2. the procedures for the calculation of the rent;
2.3. the relevant provisions of the lease;
2.4. a model lease contract sample (annex).
II. land rent built-up calculation procedure 3. Built-up land rent to calculate start after a decision on the privatisation of the land built up or transfer (by means of payment using the property compensation certificates) termination (hereinafter the decision).
4. Built-up land rent is calculated on the basis of the State land service down the value of land privatization. If the State land service of the land value for the purposes of privatization is lower than the value of the land cadastre, calculation of the rent of the land cadastre. The rent down 3% of land specified in this paragraph. Real estate tax, which taxed the built-up land is not included in the rent, and the tenant to pay rent in accordance with the procedure laid down in the Treaty.
5. Rental charge is calculated starting with the day of adoption of the decision. If the building (construction) owner refuses to conclude a lease agreement, the lessor is entitled to require the conclusion of a lease contract, rental fees and the rules laid down in section 7 of the recovery of liquidated damages, starting on the date of adoption of the decision.
6. Built-up land rent review, if respective administrative territory has changed the land cadastre value. The lessor shall notify the tenant in writing of changes in the calculation of the rent. The changes shall enter into force on the day the changed land cadastre value.
7. The rent calculation period is one quarter, and rents payable no later than the first quarter to the end of the month. For lease payments specified in the absence of the lessor calculates the penalty of 0.1% of the delayed payment amount for each day of delay.
8. 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 limitations, news about the building landlord shall submit the parcel owner. If the land is built up more independent buildings (premises), the owner shall provide notarized agreement for land use.
9. The lessor shall be invited in writing to the building owner to enter into a lease agreement after the decision has become incontrovertible. The lessor shall be notified in writing of the amount of rent paid to the person who is invited to enter into a lease. The person invited to conclude a lease contract, is entitled to inspect the rental fee calculation.
III. the land not built on the rent calculation procedures of land not built on 10 lessor after the decision has been taken on the land lease with the building rights or without them, determines the rent on the basis of these rules specified in paragraph 4, the value of the land. The rent down 3% of these regulations specified in paragraph 4, the value of the land. Real estate taxes are not included in the rent, and the tenant to pay rent in accordance with the procedure laid down in the Treaty.
11. the annual land not built on rent can be reduced to 1.5% of the provisions specified in paragraph 4, the value of the land if the contractual obligation of the tenant is expected to land in the existing building after the expiry of the contract free of charge transfer State or municipal property.
12. The rent calculation period is one quarter, and rents payable no later than the first quarter to the end of the month. For lease payments specified in the absence of contractual penalty calculated 0.1% of the delayed payment amount for each day of delay.
13. the land not built on rent review, if respective administrative territory has changed the land cadastre value. The lessor shall notify the tenant in writing of changes in the calculation of the rent. The changes shall enter into force on the day the changed land cadastre value.
IV. Not redeemed in urban land rental contracts procedures 14. Land in respect of which article 26 of the law occurred in the circumstances referred to in the first subparagraph, the institution of the rent in the seizures, which after recording in the land and transfer receipt of proposal would be redeemed in the relevant jurisdiction is not city property expropriation in accordance with State and local Divestment Act (hereinafter referred to as the redeemed land not the landlord).
15. details of unredeemed land does not redeem the land lessor shall submit to the State land Department and city authorities. Not to redeem the land lessor required from the State land service of the necessary inquiries to determine the value of the land.
16. following the receipt of the messages needed for each piece of land does not redeem the land lessor shall prepare the land lease contract, as well as: 16.1. notify the land user on the land lease rights acquisition;
UR16.2.nos dry land user project and lease land lease fee calculation;
16.3. If necessary, invite users to submit land for additional information on the buildings and orchards, lying on the ground with the building.
17. until the land property rights in the land consolidation of lease with land users switch to a period not exceeding five years.
18. For land property right securing a rental contract concluded for a period of not less than ten years, if the user does not want the Earth to conclude a lease contract for a shorter period.
19. The rent calculation does not redeem the land lessor 3% of the higher of these regulations specified in paragraph 4, the land value. In relation to payment terms, liability for payment delays and rent review applicable this provision in paragraph 6 and 7 of the procedure laid down.
20. Rent a magnifying, applying the coefficient 1.5, for up to this point in the specified circumstances, if: the land user owned 20.1. the building is not recorded in the land register;
20.2. the building (construction) is recorded in the land, but the change of ownership the land user is secured in the ownership of the land (except, if the law prevents the consolidation of court prohibition);
20.3. land user is made illegal construction on his land in use.
21. land lease agreement stating: 21.1. land cadastre and land registry signs the partition number (if the land is in the land);
21.2. the lessor and the lessee, indicating the personally identifiable data;
21.3. the lease rights acquisition time and the term of the agreement;
21.4. the rental fees and payment arrangements, as well as the rent review procedure;
21.5. the lessee's liability for delay of payment, as well as the obligation of the lessee to pay independent real estate tax;
21.6. the lessee's obligation to prevent this rule 20 above conditions, if any;
21.7. the 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;
21.8. the lessee's right to carry out the construction of the leased land;
UR21.9.str DD settlement procedures.
22. If the building (construction) owner refuses to conclude a lease agreement, the lessor is entitled to require the conclusion of a lease contract, rental fees and the rules set out in section 7 of the fine.
V. concluding questions 23. value of Land privatisation needs fixing the costs incurred shall be borne by the lessor of the land plots of the tenant, the lease contract shall be concluded.
24. State and local land lease payments may not be applied.
25. These provisions set out the procedure for the calculation of rent is not applicable to the built-up land, on which a decision is taken.
26. If the land not built on a lease agreement concluded before the entry into force of these regulations and the lease is not built in the land of tacitly the lessor's right to unilaterally change the amount of the rent, if the regulations provide for the rental of other land and the arrangements for calculating, not built on land the lessor determines the rent in accordance with the procedure laid down in these rules in the following cases: 26.1. If the lessee has no right to propose privatisation or disposal of land law;
26.2. If the legal completion date is not submitted to the privatization of land or transfer a suggestion;

16.3. If not joined the transitional provisions of the Act in paragraph 4, the specific circumstances.
27. the land not built on lease in the case of auction bidding sākam of rent, the amount specified in this provision in paragraph 10 or 11. Lease contract concluded with a person who is promising the highest rent.
28. The entry into force of the provisions by 1 September 2005.
Prime Minister a. Halloween Finance Minister o. Spurdziņš Editorial Note: the entry into force of the provisions by 1 September 2005.
 
Annex a Cabinet of 30 august 2005, regulations no 645 Finance Minister o. Spurdziņš