Are you looking for information about municipal property rental auctions in Moscow because it is inexpensive and reliable? It is possible that for one reason or another you 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 premises in Moscow - this is what will allow you to rent a suitable object.

At the same time, GlavUpDK under the Ministry of Foreign Affairs of Russia brings to your attention information about 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 the lease of federal real estate and the lease of real estate received during the rental auction. municipal premises.

The GlavUpDK company under the Ministry of Foreign Affairs of Russia regularly organizes and conducts auctions for the lease of federal real estate transferred to its management on the right of economic management. If you are looking for office space, be sure to visit our website, where you can get acquainted with 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 Federal State Unitary Enterprises to put up all the premises offered for rent for auction. In the event that 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 the same premises, an auction is held, during which the rates may increase significantly during the auction.

In order to become a participant in the real estate rental auction, 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 need to 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 towards 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, then 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.

We often offer you a variety of premises for rent and ownership, and all of them are raffled off through electronic auctions. Today we would like to talk in more detail about the technology of such auctions and the sites on which they take place.

There are quite a lot of electronic trading platforms in Russia now. These are both commercial and government sites. We will focus on the state and most significant ones. These are the places where the Moscow City Property Department most often conducts electronic auctions. The lots covered by us are raffled exactly there.

How is the bidding procedure?

It is required to register on the electronic site, then submit an application for participation (please note that in our proposals we always indicate the deadline for accepting applications for participation). The last stage is directly conducting an electronic auction, followed by receipt of a protocol on the results.

At the registration stage, the key points will be:

• Obtaining an electronic digital signature by the participant. The procedure for obtaining is controlled by the regulations, which will be given on any of the above trading platforms.
• Accreditation - an application for accreditation is filled out and scanned electronic copies are submitted required documents.

The course of trading is controlled by the site operator.

And now, we will directly list those electronic platforms where open auctions in electronic form are most often held for the purchase / sale and rental of real estate from the property treasury of the city of Moscow:

All sites offer approximately the same set of services and high-quality support, technical support and training.

Lease of state and municipal property is carried out through auctions. It could be a contest or an auction.

When transferring state property for use by a legal or individuals observance of the current legislation, the principles of openness and transparency and the rules of fair competition must be ensured. In the article, we tell you in what ways you can determine the tenant of state and municipal property, how to register the contract correctly, and what tax obligations the transferring and receiving parties have.

The procedure for leasing state property

A state institution that has decided to transfer an NFA object for paid use can do this only by holding an auction or competition. This is the requirement of the law on protection of competition dated July 26, 2006 135-FZ (Article 17.1). Bidding organizers can be:

• state, budget, autonomous institutions in relation to objects assigned to them on the basis of the right of operational management;
• federal authorities, authorities of the constituent entities of the Russian Federation, local self-government performing the functions of property management in relation to objects that have not been transferred to operational management.

State and budgetary institutions must coordinate the lease of real estate with the owner. At the federal level, documents for approval are submitted to the Federal Property Management Agency, at the regional level - to local authorities. An autonomous institution must only approve the transfer of real estate acquired at the expense of the owners.

The procedure for leasing state property is detailed in Order No. 67 of the Federal Antimonopoly Service of the Russian Federation dated February 10, 2010. In 2012, the Antimonopoly Service published clarifications on the application of Article 17.1 of 135-FZ. For bidding, competitive or auction commissions are created, the number of which should be at least 5 people. Participation of interested persons is not allowed, for example, individuals participating in the competition, or employees of organizations that have applied for participation, etc.

Bidding for the lease of state property

Leasing of any state property agreed with the owner is possible through an auction. It is permissible to announce a tender only in relation to certain objects, the list of which is contained in Appendix 2 to FAS Order No. 67. The difference between these two forms of trading in accordance with Article 447 of the Civil Code of the Russian Federation is as follows:

• at the auction, one criterion for determining the winner is the highest offered price;
• the competition, in addition to the price, may take into account the fulfillment of other conditions.

In organizational terms, the auction involves a public filing of an application, all participants can familiarize themselves with each other's proposals. During the competition, information about individuals and legal entities who submitted applications is confidential.

How to hold an auction for the lease of state property

Notice of holding an auction for the lease of state and municipal property is posted on the portal www.torgi.gov.ru. The period between the publication of the notice and the termination of the acceptance of applications shall be at least 20 days. It is allowed to additionally (but not instead of publishing on the site) place ads in the media and other resources.

The notice of participation must contain the following mandatory data:

• name of the organizer;
• name, technical and other characteristics of the subject of lease;
• purpose of the property transferred under the contract;
• minimum price;
• contract time;
• location of the auction documentation;
• the amount of the deposit, if it is stipulated by the conditions of the auction;
• the period during which the organizer may refuse to hold the auction.

The notice may contain a condition that applications are accepted only from small and medium-sized businesses eligible for state support.

The auction documentation must contain complete information on the form and rules of payment under the contract, the procedure for transferring rights, requirements for auction participants, the schedule for inspecting the transferred property, etc.

Consideration of received applications with attached copies of constituent documents, extracts from the Unified State Register of Legal Entities, receipts for making a deposit is performed by the competition commission. It must check the compliance of the received applications with the requirements:

• presented to applicants;
• set out in the auction documentation.

On the appointed day, all those admitted to the auction must arrive at the venue. The auctioneer, chosen directly from among the committee members, announces the starting price. Participants have the right to offer their own price, increasing the previous one by an “auction step” equal to 5% of the initial cost.

The task of the auctioneer is to name the card number of the one who offered the highest price at the moment. If after the announcement of the proposed amount three times, there are no applications for an increase, the participant who named the last price is declared the winner. Minutes, audio and video recordings must be kept during the auction. Based on the results of the auction, a lease agreement is concluded with the winner on the terms and conditions published by the organizers.

How to hold a competition for the lease of state property

Bidding for the lease of state property in the form of a tender is allowed to be held in relation to:

• railway and pipeline transport facilities;
• sea ​​and river ports, airfields or their infrastructure facilities;
• hydraulic structures;
• facilities for the production, transmission and distribution of heat and electricity;
• public utilities;
• subway;
• non-residential premises, which can be used in accordance with the law only for long-term use by small and medium-sized businesses.

The notice of the competition is published on the website no later than 30 days before the deadline for accepting applications, which must be sent in sealed envelopes or in the form of an electronic document. Envelopes are opened and access to files is provided on the day specified in the notice. Consideration by the tender commission is carried out in two stages:

1. First, compliance with the conditions set out in the tender documentation and the requirements for the applicant is checked.
2. At a separate meeting, the proposals contained in the applications for concluding a state property lease agreement are evaluated and the most profitable ones are selected.

Evaluation criteria are contained in FAS Order No. 67. The competition commission is obliged to maintain and publish on the website a protocol for evaluating each application and comparing it with other proposals received.

Lease of state property without bidding

In Art. 17.1 135-FZ lists tenants for whom it is not necessary to comply with the requirements for mandatory tendering. It is possible to conclude an agreement without an auction or tender with the following counterparties:

• state bodies, municipalities, regional authorities, state institutions, the Central Bank of the Russian Federation, extra-budgetary funds;
• NGOs established in the form of associations and unions, religious organizations, public funds and associations, etc.;
• medical institutions and educational organizations;
• post office (to accommodate communication facilities);
• bar associations, notary and chambers of commerce and industry;
• persons who have received state and municipal preferences;
• legal successors of privatized SUEs with which an agreement was previously concluded;
• persons who have submitted a single application for participation in an auction or competition, provided that it meets all applicable requirements.

Without announcing a tender, contracts can be concluded for a period not exceeding 30 days in a six-month period and in certain other cases. For example, a state-owned institution owns (under an operational management agreement) a part of the engineering support network for a real estate object. The owner of the entire network can lease this site without following competitive procedures.

State registration of a real estate lease agreement

An agreement between a landlord and a tenant of state real estate, concluded for a period of more than a year, must be registered with the territorial body of Rosreestr. Such a requirement is contained in Article 609 of the Civil Code of the Russian Federation and the law on state registration of real estate dated July 13, 2015 No. 218-FZ (Article 51). Any of the parties has the right to apply to Rosreestr. For registration you need:

• lease agreement in triplicate;
• statement;
• an identity document of the representative who applied to Rosreestr;
• a notarized power of attorney to perform legally significant actions on behalf of a legal entity.

If two or more persons signed the agreement on the part of the tenant or landlord, copies of the agreement with a registration mark for each of them must be made. The state duty is: for individuals - 2 thousand rubles, for legal entities - 22 thousand rubles.

Lease of state and municipal property: VAT

On the basis of clause 1 of article 146 of the Tax Code of the Russian Federation, services for the lease of state property are subject to VAT taxation. In the event that an agreement is concluded with a state, budgetary or autonomous institution, the obligation to pay tax lies with the lessor. The tenant must transfer the agreed monthly payment, including VAT, and the institution is obliged to pay the budget.

If the contract is concluded with the owner (authorities of the federal, regional or local level), the rent payment goes directly to the budget. In this case, the tenant, on the basis of clause 3 of article 161 of the Tax Code of the Russian Federation, acts as a tax agent. He must calculate, withhold from rent payment and transfer the amount of VAT to the budget. If one person rents several objects, the calculation is made for each of them separately. An individual who is not an individual entrepreneur cannot be a tax agent.

Renting municipal property is considered a fairly common option for obtaining premises for temporary use. And this is not at all surprising, because this method has a number of advantages. In particular, in relation to the payment for the exploited area. True, the conclusion of an agreement with the municipality is preceded by auctions and competitions, as a result of which the future tenant is identified.

In general, the process is recognized as quite laborious, therefore, before submitting an application, it is worth carefully preparing and studying the materials in any way related to the procedure.

The essence and benefits of renting municipal property

The procedure for renting municipal property consists in signing an agreement with the municipality, the subject of which is a non-residential or other premises transferred for temporary use to an interested person. Moreover, recently there has been an active increase in the level of popularity of this method of obtaining space for conducting any type of activity.

In most cases, the tendency to conclude an agreement with the municipal authorities is associated with the high stability of such transactions, as well as with the peculiarities rent, namely, with a lower value. It is noted that a similar transaction with a particular commercial organization entails much more expenses in terms of payment for the exploited area. But the municipality is more loyal in this regard.

Such benevolence on the part of the authorities is due to the fact that a large part of the local budget is formed precisely by gaining revenue from the rental of non-residential premises. Accordingly, the government, both at the regional and local levels, is doing its best to promote the development of small business to a higher level.

Article 215 of the Civil Code of the Russian Federation explains that municipal property is understood as non-residential or residential type objects belonging to a particular entity Russian Federation on the basis of ownership. In particular, any administrative-territorial unit of the country - a city, town, village and any other entity, or rather, its authority, can act as the owner and manager. The main thing is that local self-government is carried out at the level of the subject.

At the same time, municipal property can be assigned to individual enterprises and organizations that receive the right to own and dispose of the object. If this does not happen, the property is included in the municipal treasury of the subject of the Russian Federation.

Typically, information about objects provided for rent is posted on specialized Internet sites, in particular, on the websites of local authorities. If such information is not available for some reason, anyone can send a request to the local administration. Data must be provided upon request, and free of charge.

Who can become a tenant

Small business owners usually act as tenants of municipal property. The latter means doing business within the framework of small enterprises and firms that are not associations.

Medium business entities are:

• individual entrepreneurs (IP);
• different kinds cooperatives (consumer, production, agricultural);
• peasant and farm enterprises;
• partnerships or communities of economic type.

In most cases, the goal of potential tenants is the use of municipal premises for a shop, office, warehouse. It is not forbidden to apply for rent to an ordinary citizen.

Contractual support of the transaction

The provision of space for lease is always accompanied by the conclusion of an appropriate agreement. The operation of municipal premises is not considered an exception.

In a legal sense lease agreement fixes the fact of transfer of property to the temporary disposal of a third party (tenant). The content of the document necessarily includes the terms of the transaction, the amount of the fee, the terms of contributions and other points. Moreover, such an agreement acquires real force only after it is signed by both parties - the owner of the property and directly the tenant.

And here it is worth identifying the existing types of lease agreements for municipal property. Allocate:

1. agreement with the possibility of subsequent redemption of the premises;
2. a long-term lease agreement, when the validity period of the document is several years;
3. a current lease agreement involving temporary use of the premises;
4. gratuitous use agreement, when the rental fee is not provided, but the second party undertakes to return the object, taking into account the allowable wear and tear or on the terms specified in the agreement;
5. a contract for trust management of property, implying the transfer to the enterprise of any premises for an indefinite period on the terms of the disposal of property, taking into account the interests of the original owner (municipality);
6. contract for the storage and simultaneous operation of property.

Although there are many options for lease agreements, a standard contract is usually used. True, the self-governing bodies of a particular subject of the Russian Federation have the right to adjust and establish their own procedure for conducting such transactions. The main thing is that the actions of administrative bodies do not contradict the law.

Legal act No. 135-FZ determines that if the property is not assigned as an economic possession to an entity at the local government level, it can be handed over to an entrepreneur solely on a competitive basis.

A similar procedure will apply if the premises are owned by:

• municipal unitary enterprise;
• autonomous state institution;
• municipal body, subject to operational management.

In a word, in most cases, it is allowed to get a municipal object for rent only after a tender or auction. The first option assumes complete confidentiality of information about competitors. Bidding also involves the public filing of an application. That is, interested parties can first study the terms of proposals from other applicants and form a more profitable option.

The procedure for holding tenders is set out in Order No. 67 of the Federal Antimonopoly Service of Russia. It also contains a list of property objects in respect of which the tender is considered mandatory. However, the provisions of the order can be supplemented regulations published at the level of local municipalities. Usually, the procedure and related adjustments are publicly available on the websites of the administration of settlements.

The procedure for renting on a competitive basis

Regardless of which option is chosen - bidding or a competition, first of all, a commission is convened by the authority, which subsequently collects information about the participants, studies applications and determines the winner. In turn, applicants will need to voice their desire to participate in the auction. For him, you should prepare a written application and collect a package of documentation.

A typical list of securities includes:

1. constituent documents of the enterprise, certificate of registration of a legal entity;
2. papers certifying the status of a citizen empowered to sign a lease agreement if the company wins the tender;
3. bank details of the candidate for renting the premises;
4. accounting documentation reflecting information about the balance sheet of the enterprise.

It is important to understand that the order of the procedure may differ slightly depending on the location of the object. Accordingly, the rules of the process should first be clarified in the local administration.

The winner of the competition or auction will be recognized as the participant who stated the most profitable terms for the execution of the contract. Simply put, the premises will be given for use to the applicant who announced the highest amount of rent.

Is it possible to rent without holding a tender?

Paragraph 17.1 of legal act No. 135-FZ contains an exhaustive list of options when it is allowed to transfer municipal property for rent without a preliminary tender.

The list includes the following cases:

1. There are state or municipal preferences that have effect on the basis of Chapter 5 of the Federal Law No. 135.
2. The competition within the framework of the municipal contract has already been held earlier. Moreover, the lease period should not exceed the term of the relevant agreement.
3. The subject is leased for a period of not more than 30 days within six months. At the same time, it is not allowed to conclude a re-agreement after the end of the specified period.
4. An extension of the already existing agreement concluded between the municipality and the enterprise is required.
5. The right to lease is granted on the basis of an international treaty of the Russian Federation, acts of the President of the Russian Federation, acts of the Government of the country, a federal legislative act establishing a different procedure for disposing of an object, as well as specialized court decisions.

In addition, without holding a competition, the premises can be leased to the following institutions and associations:

• religious organizations;
• unions;
• political parties;
• public funds;
• lawyer and notary offices;
• medical and educational institutions;
• post office, post office.

As well as other authorities of municipal or federal significance, extra-budgetary funds, the Central Bank and institutions of the forest, land, water funds of the Russian Federation.

Privileges

In 2019, preferences are provided for small business owners when renting municipal property. Federal Law No. 209 in Article 18 reveals the essence of such privileges. First of all, the authorities can provide a room or other object for use free of charge or on a preferential terms.

Local self-government can independently regulate the procedure for special rental programs, but usually preferences consist in renting an object to an enterprise for a period of 5 years or more with the possibility of subsequent redemption. Moreover, lists of property objects to be leased on preferential terms should be available to everyone. For example, they are posted on the Internet, in print media, on information stands and announced on TV.

Taxation

Another point that should not be forgotten is the calculation of VAT when renting. The subject here is the tenant company.

The amount of tax is calculated by summing up the cost of rent for each immovable property. The invoice must be prepared within 5 days from the date of payment. Another obligation of the tenant is to submit the VAT return to the tax authorities by the 20th day of the month following the tax period.

Renting municipal property is not a simple procedure, but for small business owners this option is the most optimal, because the cost of using the premises in this case will be somewhat lower than, for example, when renting an object from commercial entity. In addition, there are a number of preferences and benefits for entrepreneurs. Most importantly, do not forget that a lease agreement of any type is subject to mandatory registration in Rosreestr. Only after the procedure has been completed, the contract will become legally binding and the facility can be operated at its discretion.