What are the conditions for land lease?
In the parish county, i asked me to rent extra land to the expansion of agricultural activity, but i said, saying that all the free land was already leased, so i wanted to ask what was being considered and taken into account by the local government, transferring the land to the hire?
Responsible Development Planning Division Land Affairs Officer Anita Bringule and Ilona Turka, head of legal and record-keeping unit
When taking a decision regarding the transfer of land in leasing, it is assessed how the person has managed the land in ownership (possession or use) in the previous period and whether the person has/does not have real estate tax and rent charges. The parish administration in whose territory the land requested is located in preparation of a draft decision regarding the lease of the land unit shall be accompanied by an opinion regarding the lease of the land unit to the person requesting that land in leasing, indicating also the abovementioned information.
If it is determined that the person in possession (possession or use) of the land in possession of the land is not properly managed and the increased immovable property tax rate is applied for the non-copying of land, whether the person has a real estate tax or lease fee debt, the local government has grounds to refuse to lease the land requested to such person. The above reasons are also the basis for the termination of the land lease already concluded by the municipality.
It should be noted that according to Regulation No. 3 of the municipality of Rēzekne of 1 August 2013 “Regulations and graphical part of the use and building of the territory of Rezekne District Planning for 2013-2024”, hereinafter referred to as the binding regulations to be implemented as from 15 October 2013 (published in the newspaper Latvijas Vēstnesis) on 8 August 2013 No. 154 (4959)), the owner of the immovable property or the lawful possessor has a duty to maintain the territory of his or her property, prevent contamination of the territory, litter and rearing with weeds, as well as deteriorate the conditions in adjacent land units. In addition, the owner of a real estate (lawful possessor) is obliged to carry out grassland, harvesting or grinding and dispersing in agricultural areas in areas whose purpose is “land whose main economic activity is agriculture”, at least once a year until 1 September of the current year.
Upon entering into a land lease contract, in addition to the conditions of the binding regulations, the duties of the lessee are laid down: to ensure the use of land used in agriculture according to the intended purpose of use; to protect the land used in agriculture from the overgrowth, not to worsen its condition, to prevent activities which aggravate the land quality of other land users, to co-operate and maintain the agricultural territory transferred for the use of the lease, as well as to pay rent and immovable property tax in the specified time periods and in the amount of the payments.
On the other hand, the municipality of Rezekne, as a landlord, has the right: control or land is used in accordance with the conditions of the contract entered into, to receive a lease, to require the lessee to prevent the consequences of the infringement of the contractual conditions resulting from its activities or omission, to compensate the losses incurred, unilaterally terminate the contract before the deadline, if the lessee has delayed the lease fees or real estate tax payments for more than two quarters in a row or has failed to perform the obligations laid down in the contract and, within one month of receipt of the written notice of the lessor, has not remedied the consequences of the irregularities committed.
Similarly, the municipality of Rezekne has the right to impose penalties in accordance with the first paragraph of Article 51 of the Code of Administrative Violations, which provides:
- a fine of up to two hundred and ten euros shall be imposed on the non-execution of mandatory land protection measures to be carried out by the land user in order to protect the soil from water or wind erosion or other processes which contribute to the deterioration of the surface of the fertile soil or the deterioration thereof;
- in the case of non-execution of land management measures and the non-cutting of medicinal products in order to prevent the formation of a beam, a fine shall be imposed on natural persons from one hundred and forty to seven hundred euros, but for legal persons, from seven hundred to two thousand nine euros.
In order to promote the economic and useful use of agricultural land in the territory of the municipality of Rezekne, the municipality calls on the population not to remain indifferent to the growth of agricultural land and encourages the local government of the municipality of Rēzekne or the municipality of Rezekne to inform the land units which are not managed and grow, thereby causing damage to other land users and the deterioration of the quality of the agricultural land.