Each individual entrepreneur of small (medium) business has the opportunity to conclude a contractual agreement with a municipal body of the Russian Federation for the lease of premises. The lease of municipal property, state property has some peculiarities. A number of restrictions apply when concluding such a lease.
The conclusion of an agreement can be made in accordance with the Federal Law () in two ways:
- based on the results of the auction for the right to execute the lease agreement of municipal property assets;
- without organizing trades.
What types of property, the leasing of which is not allowed by a state institution or is limited, the specifics of the procedure for concluding a lease agreement of municipal property (state property) are explained by the FAS notice No.TSA / 16309/14.
In this article
Rules, exceptions
The rules for drawing up contractual agreements for the lease of state property are established by Federal Law No. 135 (Article No. 17/1). According to this provision, autonomous municipal organizations, state institutions have the right to lease real estate, which is listed as operational management, only following the results of auctions for the right to sign lease agreements of this type. At the same time, Federal Law No. 135 (Article No. 17/1) provides for exceptions that simultaneously apply to AU.
Without auctions, municipal organizations can lease real estate in the following situations:
- the agreement is concluded for a period of less than 30 days of the calendar during the 6 extreme months of the calendar;
- other municipal organization, state institution, non-profit structure (also socially oriented), medical institution, structure engaged in activities in the field of education apply for signing a lease agreement;
- the transferred immovable property subject to taxation is considered to be a part of the area of \u200b\u200bless than 20 m 2, and the person transferring the corresponding immovable assets has the rights to 10 percent of the area of \u200b\u200bthis building (premises);
- the contractual agreement is signed with a special one, who alone submitted an application for competitive participation, for the auction (in this case, if this person meets the established standards), which is the only participant in the auction.
The obligation to sign a lease agreement to an autonomous state organization arises only in the last of the listed cases (an agreement with a single participant in an organized auction, tender). In other situations, when the lease of property is provided without auctions, the rightholder is not obliged to sign a contractual agreement, the applicant does not have the right to put forward claims for such areas.
The organization of an auction for the rental of real estate is allowed in relation to the preferential applicants. If there are more than one such subjects for one immovable state object, then the autonomous state institution has the right to refuse to rent real estate on preferential terms and organizes tenders between them. This, in the opinion of the anti-monopoly organization, is not a violation of the interests of the applicants of this category.
But caution when deciding to organize auctions for the lease of AU property values \u200b\u200bassigned to them as operational management should be shown as the owners of this property. By agreeing to lease housing, a certain area of \u200b\u200bthe organization, the founder must be guided by the requirements of Federal Law No. 135/2.
Signing contractual agreements for the lease of state property without organizing auctions
The law provides for several exceptions, when an autonomous state institution has the right to lease space without auctions.
Lessee - educational, medical institution
What educational, medical organizations (budgetary institutions) are specifically meant is indicated in the explanations of the FAS (Chapter 5-6). In this situation, it is necessary to be guided by the provisions of the legislation of industry activities.
According to the Federal Law (Article No. 2/11), medical institutions include legal entities, regardless of the organizational and legal form used, whose business is primarily associated with the field of medicine, provided that there is an appropriate license. Also, medical organizations are individual entrepreneurs (IP) whose activities are related to medicine.
A short-term lease agreement for real estate not signed as a result of auctions cannot be extended for a new period without organizing an auction. In this case, the established rule applies, which limits the period of validity of this agreement for the lease of premises.
Educational (budgetary) institutions are structures whose main activities are related to the field of education, as well as institutions directly involved in training. According to Federal Law No. 273 (), such organizations additionally include individual entrepreneurs engaged in educational activities.
Result: legal entities, individual entrepreneurs, whose main activity is related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the area of \u200b\u200ban immovable object of an autonomous municipal organization (state institution) without participating in auctions.
Short term rent
According to Federal Law No. 135 (Article No. 17.1 / 11/1), municipal organizations and state institutions are allowed to lease real estate for a short period without organizing tenders or auctions. At the same time, it is prohibited to provide such a service to one person for more than 30 days of the calendar, for 6 months, going in a row without organizing auctions, competitions.
But according to the Russian State Code (article 610/3), an agreement for the lease of municipal property (state property), signed for a period exceeding the maximum possible period determined by the current legislation, is considered to be completed for a deadline.
This means that lease agreements for property values \u200b\u200bassigned to the municipality (the Russian state) and signed for a short-term period without an auction are not extended (Federal Law No. 135 (Article No. 17.1 / 9), Civil Code ()). A similar position is in the Explanations of the FAS (Chapter 10).
Rent of part of the area of \u200b\u200bthe premises
It has already been noted that it is possible to lease part of the area of \u200b\u200ba building (apartment) without a preliminary auction, but subject to the following requirements:
- the leased area should not be more than 20 m 2 and 10 percent of the area of \u200b\u200bthe property to which it belongs.
- when establishing such a share, it is not necessary to take into account the area of \u200b\u200ban immovable object, the right of use, the ownership of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), on the basis of other exceptions determined by Federal Law No. 135 (Article No. 17.1), based on the results bidding.
Tenant - contractor of the institution
It is necessary to separately note such an exception to the rental rules. municipal real estate (state property), which does not apply to AU (at least to autonomous state institutions that carry out purchases, relying on Federal Law No. 223). In this case, we mean the signing, without bidding, of a lease agreement with a person who entered into a contract with a municipal (state) organization based on the results of an auction (on a competitive basis) organized in accordance with Federal Law No. 44. At the same time, the granted rights were provided for by a documented tender (tender) in order to fulfill the obligations of this contract (Federal Law No. 135, article No. 17.1 / 10/1).
According to the FAS Explanations (Chapter 9), civil agreements executed within the framework of Federal Law No. 223 are not considered municipal (state) agreements. In this regard, the provisions of Federal Law No. 135 (Article No. 17.1 / 1/10) do not apply to such cases. That is, when an autonomous state institution, referring to the provisions of Federal Law No. 223, incurred expenses for the purchase of certain works or services, the execution or provision of which requires the presence of a contractor on the premises (for example, a theater purchased repair services, sewing stage costumes), lease the corresponding areas are possible exclusively at organized auctions.
Important! In such situations, as described above, the purchase of services, the auction for the right to draw up a lease agreement are two independent processes.
Prolongation of the contract
Existing lease agreements for municipal real estate (state property), property values \u200b\u200btransferred to the state agency for operational management in accordance with Federal Law No. 135 (article No. 17.1 / 9-11) are subject to renewal. In the event that an individual has fulfilled his own obligations under this agreement properly, a contract is signed for a new period without organizing an auction (unless the contractual agreement provides otherwise and the period of validity of such a contract is not limited by the provisions of the current Russian legislation).
In this situation, two prerequisites must be met:
- the minimum period for renewal of the lease agreement must be from 3 years (a shorter period is possible, but only when the tenant writes a corresponding application);
- the amount of the fee, on the basis of which the income for renting premises is recorded, is determined based on the results of real estate appraisal in accordance with market prices.
If all the conditions are met, the lessor, represented by an autonomous state institution, according to Federal Law No. 135 (Article No. 17.1 / 10), has no right to refuse to extend the contractual agreement to the tenant.
Refusal is possible if the individual has debts at the time of the completion of the lease contract or if there is a decision to dispose of the relevant real estate in another manner.
Based on this, the antimonopoly organization made the following conclusions:
- Tsince there is an opportunity for the tenant not to provide the renewal of the lease agreement on the basis of a new decision on the procedure for disposing of the real estate, the landlord must obtain consent from the owner of the respective real estate to renew the lease contract.
- Posting the renewal of the lease agreement in accordance with Federal Law No. 135 (Article No. 17.1 / 9) can be performed an unlimited number of times according to similar grounds. At the same time, it is important to comply with the requirements for each new prolongation of the document.
Sublease
According to Federal Law No. 135 (Article No. 17.1 / 1/16), it is possible to sublet municipal property (state property) without an auction in such cases:
- the right to sign a lease agreement is granted to the lessee on the basis of a municipal (state) agreement;
- the state institution entered into a lease contract following the auction results, based on the failed auction.
If these requirements are met, real estate of any area can be subleased (Federal Law No. 135 in this plan does not provide for any restrictions). In the opposite situation, the corresponding areas are provided for sublease on a general basis, determined by Federal Law No. 135 (Article No. 17.1) with the organization of an auction, without it, but with other exceptions.
Are you looking for information about auctions for renting municipal property in Moscow because it is inexpensive and reliable? It is possible that for one reason or another you have a need to sign a lease agreement for residential or non-residential premises owned by city authorities or even the state. In this case, municipal lease of premises in Moscow is what will allow you to rent a suitable object.
At the same time, GlavUpDK under the Russian Ministry of Foreign Affairs offers you information on auctions for the lease of federal property - i.e. owned by the state The secret lies in the fact that state-owned non-residential real estate practically does not fall into the databases of real estate agencies. For this reason, many simply do not know that there is an opportunity to rent an object at a lower price. It is also necessary to distinguish between lease of federal real estate and lease of real estate obtained in the course of an auction for the lease of municipal premises.
The company GlavUpDK under the Ministry of Foreign Affairs of Russia organizes and conducts auctions for the lease of federal real estate transferred to its management on the basis of the right of economic management on an ongoing basis. If you are looking for an office space, be sure to visit our website, where you can familiarize yourself with the rental offers and become a participant in the auction - the benefits of signing a lease agreement are quite obvious, because you can conclude an absolutely legal lease agreement that will protect your interests as a tenant.
Auction rules:
The auction is held in accordance with the current legislation, which obliges FSUEs to put up all premises offered for rent for auction. If only one application is submitted, the auction is declared invalid and the contract is signed with the potential tenant who submitted the only application at the minimum (starting) rental rate. In the event that several participants apply for one room, an auction is held, during which bids may increase significantly during the auction.
In order to become a participant in an auction for renting real estate, you must fill out an application where your data will be indicated, as well as attach constituent documents and a document confirming the payment of the deposit. Before the start of the auction, the client has the right to refuse to participate and withdraw the submitted application.
If you become the winner of the auction, then you must conclude a lease agreement within 20 days from the date of the auction. In this case, the deposit to the winner of the auction will be returned or accepted against the fulfillment of obligations under this agreement.
But if the contract for one reason or another is not signed by the winner, within the specified time frame, the deposit will not be returned to him.
If you have any questions about the rules of the auction, you can contact our consultants by phone or by e-mail indicated on the site.
Any business is aimed at making a profit, and the first rule of making a profit is to minimize the costs of the organization. Rent and maintenance of non-residential premises is often one of the main expenses of an enterprise, and for small and medium-sized businesses in the city of Moscow, the amount of rent is sometimes a matter of survival. Rent of non-residential premises from the city - the best way reducing costs in such cases.
The assistance of specialists from the law firm "Mosty" in concluding a lease agreement from the city is in great demand among small and medium-sized enterprises. Our experts help to understand all the terms of the auction and, at the request of the client, provide legal support for the entire process. The result of this joint activity is the successful signing of a lease agreement with you from the Moscow Property Department.
What are the advantages of renting from the city
It so happened that rent from the city for entrepreneurs is both attractive and inaccessible. The lack of specialized lawyers on the staff who can understand all the intricacies, deliberate bureaucratization of processes, the difficulty of gaining access to electronic trading - all these are artificial barriers that hide the main advantage of such a lease - low rental rates and the price of an object. The difference between commercial and urban rental prices for premises sometimes differs by 4-5 times.
Prices
Apart from the low cost, renting premises near the city of Moscow has a number of other advantages:
- the possibility of buying out the premises after 2 years (a special condition, must be specified in the contract);
- stable rental rate for the entire term of the contract (10 years), the prospect of long-term use of the premises;
- long-term contract with the state;
- guaranteed advantage in the subsequent extension of the contract.
The only disadvantage of renting premises from the city is the impossibility of subletting them. However, this inconvenience is offset by the possibility of assigning lease rights to real estate in accordance with the Civil Code on favorable terms.
Who can rent premises from the Moscow Property Department
Both legal entities and individuals can enter into lease agreements with the city. Organizations of any organizational and legal form participate in the auction on an equal basis with individual entrepreneurs and citizens. The difference lies in the package of documents that must be collected and submitted for participation in the auction for the selected premises. Naturally, the list for individuals is much smaller than for LLCs.
The specialists of the "Mosty" company have vast experience in preparing tender documentation. Due to the specifics of our activities, we monitor all changes in federal and city legislation in this area. Our assistance in preparing documents for participation in the auction allows us to reduce the time by more than half and eliminates errors that can lead to refusal. In addition, we will advise you on how best to submit documents and, if necessary, re-execute the contract from an individual to a legal entity.
How to rent non-residential premises profitably
To conclude a lease agreement for a Moscow city premise from the City Property Department at a profit, you must successfully go through several stages.
- On the official website of the auction, select a room that matches the purpose of your business.
- Obtain permission to inspect it and study all tender documentation in relation to it (auction rules and terms of the lease agreement).
- Issue an EDS, and with its help obtain accreditation on the electronic trading platform.
- Apply for the auction and take part in the auction for the selected premises.
- At the end of the auction, sign all the necessary protocols, a lease agreement and an acceptance certificate for the premises.
- Register a lease agreement with the state authorities of Rosreestr.
- Perform other necessary actions after the conclusion of the contract (for example, calculate and pay VAT if necessary).
After successfully completing all these stages, you will receive a 10-year lease agreement for state or municipal property on very favorable terms. In addition, if necessary, you can buy out premises from the city of Moscow without an auction and raising rates, which is an undoubted advantage.
Nuances of participation in auctions for the lease of state property
To participate in the auction, you need to make a deposit to a special account. If you are not the winner of the auction, the deposit will be returned within 10 days. In case of your victory and subsequent refusal to conclude a lease agreement, the deposit remains with the organizer of the auction. That is why it is important to review the lease agreement with the city before deciding whether to participate.
When submitting an auction application, pay attention to the category of persons with whom a lease agreement may subsequently be concluded, and to information on the purpose of the non-residential premises. These two conditions significantly affect the number of bidders. From the practice of employees of the law firm "Mosty", the most demanded premises are "free appointment" on the first floors of residential buildings in the city.
In the absence of economic benefits from doing business, the lessee has the right to terminate the lease agreement with the Moscow Property Department. The standard termination condition is the landlord's notice at least 3 months before the expected end of the contract. It is better to find out about the presence of penalties for early termination even before concluding a lease.
IMPORTANT! If only one participant is fighting for the lease of premises at the auction, the lease agreement is concluded with him on the originally stated conditions.
Our advantages
No prepayment
Compliance with the law
A team of licensed professionals
Individual approach
Affordable prices
Why do I need the help of a lawyer
If you decide to participate in an auction for renting premises near the city, you need to enlist the support of professional lawyers specializing in renting non-residential premises from the Moscow Property Department. Law Firm "Mosty" offers comprehensive support for participation in the auction and the subsequent conclusion of a lease agreement. To minimize costs, you can use certain services of the company, for example, to study the terms of a future contract or prepare the necessary documentation.
Cooperating with our company, you can significantly save time on preparation, collection of documents and obtaining an EDS. In addition, we will translate the future lease agreement from the legal language into Russian, which will allow you to assess all the risks in its execution in advance, as well as to understand how the proposed terms suit your business.
Our specialists will issue the state registration of the long-term lease agreement as soon as possible and will make sure that all the conditions specified in the agreement are met strictly and on time by the property department. From Mosty's practice, filing a complaint about inaction by property department employees is sometimes the only effective way to expedite the process of concluding a profitable lease after winning the auction.
On December 4, a training seminar for business will be held in commercial real estate "TECHNOLOGIES FOR ANALYSIS and DEVELOPMENT of real estate: geomarketing, brokerage and effective investments in street-retail"
Effective analysis of the current situation and development of the correct strategy for the development of commercial real estate!
Prerequisites for training:
You understand that the percentage of found properties is much less than the percentage of those sold. Would you like to know how the appraisal and management of real estate takes place within the retail chain. How to become the most efficient broker by using zone search tools and spending less time working in the “fields”. How to learn to give up illiquid objects in favor of top objects. If you are a beginner in the field of commercial real estate, then in one day you will receive working algorithms for evaluating and searching for top properties, with 100% implementation. In this workshop you will learn:
The specifics of the commercial real estate market and how it can help in the development of a retail company. What is the right "street investment": how to analyze and select store premises with a payback period of 8-9 years. Geomarketing on the example of your city using a city map. What is zone search and how retailers use it, what are “focal points” or “top locations”. How to analyze cannibalization, coverage zones, consumer flows, traffic. Features of work with land plots for commercial real estate. You will be able to get a free consultation on your project. Recommended:
Owners of real estate agencies and consulting in the field of commercial real estate. Professionals working with commercial real estate in the retail business. For experienced brokers and beginners. And also for EVERYONE WISHING for their own development in the direction of geomarketing and real estate brokerage.
Program:
1. The specifics of the commercial real estate market in Russia (distinctive features of the development of various Retail in Russia)
2. Object search criteria (What is a concept? Why is it important?)
3. Working with a city map on paper (Determining the structure of a city on a map. Zoning (basic principles of zonal search). Identifying low competitive and highly competitive zones and deciding on a new opening or rotation in highly competitive zones. What is the market capacity, how use the market capacity when identifying key locations on the map Coverage areas and cannibalization: a) in what situations it is possible to offer door-to-door opening, both of two different formats, and of the same network format; b) options for plotting the dependence of the percentage of cannibalization on distance.)
4. Geomarketing (Working with the program "IS Organic". Analytics of marketing data on objects. Which objects under which group of goods)
5. How to invest correctly in a street-retail object.
6. Land plots for a commercial object.
7. Discussion of found objects (discussion, using theory). Consulting. Second day.
8. Recording of Olga Abramchuk's master class from the I International Conference: Real Estate Challenge of the Present.
Workshop author
CHERNYAVSKAYA MARINA Moscow (October 15, 1981) Russian business coach and business consultant in the field of commercial real estate consulting. Author of trainings in the field of real estate, personal growth, negotiations. Founder of GART Company (2017). Two higher educations: urban planning and psychological. She has led projects in the development of Retail since 2004, in the following companies: Castorama, Auchan, Decathlon, Moscow Jewelry Factory, Rigla Pharmacy Chain. As a project manager for brokerage, she opened MEGA-Omsk together with Retail Profile Company. She was engaged in the development of retail in more than 30 cities of Russia. More than 20 projects were found and signed.
Guest speaker at the All-Russian Forum of Purchasing Directors VPROC2019 and at the All-Russian Housing Forum in Sochi. Zhilforum
Author of articles in Media publishing house MarketMedia.ru
The main clients today are: Rigla pharmacy chain, Protek group of companies, Genetic Success-England; Laztechnologies - Moscow; Jeweler Union - Omsk; Institute of Real Estate - St. Petersburg, media portal MarketMedia.ru - St. Petersburg, Group of Companies "Tries Personnel" - Omsk, State Institute of Medicines under the Ministry of the Russian Federation - Moscow, Real Estate Agency "ITAKA" - St. Petersburg.
Basic biographical information and achievements.
2003 - Graduated from Omsk State Agrarian University. Obtaining a specialty in the field of urban planning and urban cadastre.
2004 - Development Director of the Pyaterochka supermarket chain in Omsk. Found and launched 21+ stores. A strategy for the development of this network in the region has been developed.
2005 - She opened her own company in the field of commercial real estate and land registration. The company was successful before the 2008 crisis. During its existence, transactions were carried out from 20 million rubles. +
2009 - together with the American Company Retail Profile Russia and Ikea Moss, they launched a large-scale project to open the MEGA Omsk STC. She was engaged in brokerage and consulting of the island trade. More than 15 retail outlets have been opened, 30+ lease agreements have been signed with both local and federal tenants.
2012 - at the invitation of the French company Decathlon, she moved to Moscow to the position of territorial development manager. Development responsibility areas: Moscow, Moscow region. 3+ projects implemented.
2013 - Castorama Company. Head of territorial network development projects. Development cities: St. Petersburg, Orenburg, Perm, Samara, Saratov, Kirov, Rostov-on-Don. Collecting marketing information about possible locations for the Company.
2015 - Project work with such Companies as Moscow Jewelry Factory, Verny supermarket chain, DIY Maxidom hypermarkets.
2016 - The beginning of cooperation with the Auchan Company, as the project manager for the development of a new hypermarket of the chain “Nasha Raduga” Found 22 + land plots, signed 3+ lease agreements. Also this year Marina makes a radical decision to change the field of professional activity and begins her studies at the Moscow Institute of Psychoanalysis.
End of 2017 - Foundation of the GART Company. Reads trainings in the field of real estate and business psychology in Moscow, St. Petersburg and other cities of Russia www.psychology.gart.moscow; maintains his own column in the media publishing house MarketMedia.ru (https://marketmedia.ru/media-content/seti-ukhodyat-lyudi-ostayutsya/); conducts private consultations; develops a project in the field of short-term business projects www.gart.moscow; writes the book "from A to Z. Development of retail chains"; takes part, as an invited expert, trainer in All-Russian forums, round tables, conferences; maintains his blog in social networks Facebook, https://www.facebook.com/moscow.gart/ Instagram
Contacts: 8 963 994 99 58, [email protected]
The cost of the course is 6,000 rubles.
Members of the Guild of Moscow - 15% DISCOUNT. To get a discount, use the PROMO CODE. Book a ticket to the seminar!
