Each individual entrepreneur of a small (medium) business has the opportunity to enter into a contractual agreement with a municipal body of the Russian Federation for the rental of premises. The leasing of municipal property and state property has some peculiarities. Upon conclusion of such lease agreement A number of restrictions apply.

An agreement can be concluded in accordance with the Federal Law () in two ways:

• based on the results of bidding for the right to draw up a lease agreement for municipal property assets;
• without organizing auctions.

What types of property, the rental of which is not allowed by a state institution or is limited, the features of the procedure for concluding a lease agreement for municipal property (state property) are explained by 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 and government agencies have the right to lease real estate, which is registered with them as operational management, only based on 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 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 calendar days over the last 6 calendar months;
• another municipal organization, government agency, non-profit structure (also socially oriented), medical institution, structure engaged in activities in the field of education is applying to sign the lease agreement;
• the transferred real estate subject to taxation is considered to be part of an area of ​​less than 20 m 2, and the rights of 10 percent of the area of ​​this building (premises) belong to the person transferring the relevant real estate;
• a contractual agreement is signed with a special person who has only submitted an application for competitive participation, for bidding (in this case, if this person meets the established standards), being the only participant auction

The obligation to sign a lease agreement before an autonomous government organization arises only in the most extreme of the listed cases (an agreement with a single participant in an organized auction or competition). In other situations, when the rental of property is provided without auctions, the copyright holder is not obliged to sign a contractual agreement, and the applicant does not have the right to put forward demands for such areas.

The organization of an auction for the rental of real estate is permitted in relation to applicants who are beneficiaries. If there is more than one such entity for one immovable state object, then the autonomous state institution has the right to refuse to lease real estate on preferential terms and organizes tenders between them. This, in the opinion of the antimonopoly organization, is not a violation of the interests of applicants in this category.

But caution when deciding to organize auctions for the lease of property assets of autonomous entities assigned to them as operational management must be exercised as the owners of this property. When agreeing to rent out housing of a certain area of ​​the 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 government agency has the right to lease space without auctions.

Tenant - educational, medical institution

What specific educational and medical organizations (budgetary institutions) are meant is indicated in the clarifications of the FAS (Chapter 5-6). In this situation, it is necessary to be guided by the provisions of the legislation of the industry.

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 related to the field of medicine, subject to the appropriate license. Individual entrepreneurs (IP) whose activities are related to medicine are also considered medical organizations.

A short-term lease agreement for real estate that was not signed as a result of an auction is not renewed for a new period without organizing a tender. In this case, there is an established rule that limits the period of validity of this agreement for the rental of premises.

Educational (budgetary) institutions are structures whose main activities are related to the field of education, as well as institutions directly involved in education. According to Federal Law No. 273 (), such organizations additionally include individual entrepreneurs engaged in educational activities.

Result: legal entities and individual entrepreneurs whose main activities are related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the space of a real estate facility of an autonomous municipal organization (state institution) without participating in auctions.

Short term rental

According to Federal Law No. 135 (Article No. 17.1/11/1), municipal organizations and government agencies are allowed to lease real estate for a short-term period without organizing competitions or auctions. At the same time, it is prohibited to provide such a service to one person for more than 30 calendar days, for 6 consecutive months, without organizing tenders or competitions.

But according to the Russian State Code (Article No. 610/3), an agreement to lease municipal property (state property) signed for a period exceeding the maximum possible period determined by current legislation is considered to be executed for a deadline.

This means that lease agreements for property assets assigned to a municipality (Russian state) and signed for a short-term period without an auction are not renewed (Federal Law No. 135 (Article No. 17.1/9), Civil Code ()). A similar position is in the FAS Explanations (Chapter 10).

Renting part of the premises

It was previously noted that it is possible to provide lease of part of the area of ​​a building (apartment) without a preliminary auction, but subject to the following requirements:

• the area to be leased should not exceed 20 m2 and 10 percent of the area of ​​the property to which it relates.

• when establishing such a share, it is not necessary to take into account the area of ​​the real estate, the right of use, the possession of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), based on 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 this exception to the rules for leasing municipal real estate (state property), which does not apply to autonomous entities (at least to autonomous government agencies that carry out procurement, relying on Federal Law No. 223). In this case, we mean the signing, without holding a tender, of a lease agreement with a person who has 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 rights granted were provided for by documented bidding (competition) in order to fulfill the obligations of this contract (Federal Law No. 135, Article No. 17.1/10/1).

According to the Explanations of the FAS (Chapter 9), civil agreements drawn up 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 government agency, referring to the norms of Federal Law No. 223, incurred expenses for the purchase of certain works or services, the execution or provision of which requires the mandatory presence of a contractor on the organization’s premises (for example, a theater purchased repair services, sewing stage costumes), provide for rent the corresponding areas are possible exclusively at organized auctions.

Important! In such situations, as described above, the purchase of services and the auction for the right to draw up a lease agreement are two independent processes.

Contract extension

Existing lease agreements for municipal real estate (state property), property assets transferred to a government agency for operational management in accordance with Federal Law No. 135 (Article No. 17.1/9-11) are subject to extension. In the event that an individual has fulfilled his own duties according to this agreement properly, a contract is signed for a new period without organizing an auction (unless otherwise provided for in the contractual agreement and the period of validity of such a contract is not limited by the provisions of the current Russian legislation).

In this situation, two mandatory conditions must be met:

• the minimum period for re-registration of the lease agreement must be at least 3 years (a shorter period is possible, but only if the tenant writes a corresponding application);
• the amount of payment on the basis of which income for renting premises is recorded is determined based on the results of real estate assessment in accordance with market prices.

If all conditions are met, the landlord, represented by an autonomous government agency, in accordance with Federal Law No. 135 (Article No. 17.1/10) does not have the right to refuse to extend the contractual agreement to the tenant.

Refusal is possible if an individual has debts at the time of completion of the lease contract or if there is a decision to dispose of the relevant property in other ways.

Based on this, the antimonopoly organization made the following conclusions:

• T Since it is possible for the tenant not to provide an extension of the lease agreement based on the adoption of a new decision on the procedure for disposing of the property, the landlord must obtain consent from the owner of the relevant property to renew the lease contract.
• Posting the extension of a lease agreement in accordance with Federal Law No. 135 (Article No. 17.1/9) can be carried out an unlimited number of times according to similar grounds. It is important to comply with the requirements with each new renewal of the document.

Sublease

According to Federal Law No. 135 (Article No. 17.1/1/16), it is possible to sublease municipal property (state property) without an auction in the following cases:

• the right to sign a lease agreement is granted to the tenant on the basis of a municipal (state) agreement;
• the government agency entered into a lease contract based on the results of the auction, on the basis of a failed auction.

Subject to these requirements, real estate of any size can be subleased (Federal Law No. 135 does not provide for any restrictions in this regard). In the opposite situation, the corresponding areas are provided for sublease on the general basis determined by Federal Law No. 135 (Article No. 17.1) with the organization of an auction, without it, but with other exceptions.

Renting municipal non-residential premises at the city administration - this is one of the best solutions for entrepreneurs and companies wishing to rent real estate for their business. During a crisis, this step will allow you to rent premises from a reliable landlord at an affordable price. What features exist when renting non-residential premises from the city?

Features of legislation

Property owned by the city administration may be transferred to the tenant on the basis of bidding or auctions. Federal Law No. 135 of July 26, 2006 “On the Protection of Competition” establishes the tendering procedure and other features.

According to the law, auctions are held by the lessor of municipal property. The following structures can act as a lessor:

• property relations committee of the city administration, if the property is included in the treasury of this municipality;
• unitary enterprises and municipal institutions, if property is assigned to them on the basis of economic management or operational management.

To rent municipal premises, you must contact the official bidding website at www.torgi.gov.ru. All notifications about the start of auctions and bidding are posted here. According to the law, notice must be posted no later than 20 days before the closing date for applications to participate.

Those entrepreneurs and companies who plan to participate in the auction must submit an application within the prescribed period. The commission for organizing the auction will review the application and decide whether the participant can be admitted to the auction. Further, he will be accepted for participation if he has provided all the necessary information. Only the participant who made the most advantageous offer can be recognized as the winner.

Within 10 days after the end of the auction, the administration will conclude a lease agreement with the winning bidder. Information about the results is posted on the website.

Advantages of renting from the city

Renting premises from the city administration has the following advantages:

1. the opportunity to quickly start a business;
2. the opportunity to reduce costs, freeing up funds for business development;
3. quick selection of premises if the company requires additional offices;
4. if the business brings losses, you can avoid the problem of distributing property between the founders if there is real estate;
5. competitive price;
6. location of facilities in areas with developed infrastructure;
7. possibility of subsequent purchase of the leased property;
8. a transparent scheme for transferring an object on a lease basis.

As a result, renting a non-residential property from the city authorities makes it possible to start a business by receiving premises below market value. And if an additional office is required, this will avoid the high costs of purchasing it or renting it from a private company.

Non-residential property of the city administration can be provided for temporary use not only to legal entities, but also to private citizens. The administration can provide objects that are not part of the property Russian Federation. All issues of renting and purchasing municipal premises are under the jurisdiction of the Property Management Committee, located under each administration.

The following can be rented from the city administration:

• administrative building;
• stock;
• office space.

If necessary, you can even rent a plot of land from the administration.

Today, more than 70% of real estate belongs to the category of municipal properties. This leads to the fact that municipal authorities become almost monopoly players in the non-residential real estate rental market.

Where to find properties for rent?

All properties available for rent are located on the local administration website. You can familiarize yourself with the list and see the conditions under which they are put up for auction. You can rent non-residential premises directly from the city. Subletting from the tenant in this case is not permitted.

If you need a specific premises, you need to find out who owns it. If it turns out that it is not for rent and is not its owner commercial company or a private person, you must contact your local administration. You can also go to the administration’s website, where there is a list of all objects owned by it. If the item is already up for auction, you will find it on the auction site.

A lease agreement is concluded between the city administration and the landlord. As a rule, it is issued with the winning bidder. But there is an exception when the order to transfer property for rent is issued by the head of the administration.

The agreement must contain the main sections, like any other lease agreement. It details the name of the organizations or individuals who have entered into an agreement. The document describes in detail the object that serves as the subject of the contract. It is necessary to indicate the detailed location address, area, floor and other characteristics of the object. If this is not done, the contract cannot be considered valid.

The rights and obligations of the parties are specified in detail. This section is of particular importance if the lease condition specifies the need for cosmetic or major repairs.

The cost and payment terms section should contain information about the exact rent and payment due date. This is important, since without this information the contract is considered gratuitous. And in accordance with the Civil Code of the Russian Federation, a lease agreement is drawn up only on a reimbursable basis.

Termination of the contract by the administration

The administration may terminate the contract if there are violations of legal requirements and the terms of the contract. The following are typical grounds for termination of contractual relations:

1. Late payment. If late payments are made more than 2 times in a row, the administration may terminate the contract. The terms of the agreement may provide that even a single violation of payment will be sufficient grounds for termination of the contract.
2. Failure to use the premises or use it for other purposes. Thus, the contract can be terminated if, instead of an office, the tenant has organized a retail space.
3. Violation of established conditions for the use of property. This may be a major overhaul or redevelopment without the consent of the administration.
4. Refusal of major repairs if they are a mandatory condition of the lease agreement.

There are situations when the administration breaks the contract if it plans to use the premises for other purposes. One typical reason is the use of the premises for social purposes. In this case, the city compensates the tenant for losses.

Thus, concluding a lease agreement for non-residential premises with city authorities has its advantages. Such an object is on average cheaper and at the same time may have an advantageous location. But there are also risks associated with the possibility of termination of the agreement.

Any business is aimed at making a profit, and the first rule of making a profit is to reduce the organization’s costs as much as possible. Renting and maintaining non-residential premises is often one of the main expenses of an enterprise, and for small and medium-sized businesses in Moscow the size rent sometimes it’s just 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 specialists 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 such joint activities is the successful signing with you of a lease agreement for premises from the Moscow Property Department.

What are the advantages of renting from the city?

It so happens that rent from the city for entrepreneurs is both attractive and unaffordable. The lack of specialized lawyers on staff who can understand all the intricacies, the deliberate bureaucratization of processes, the difficulties of gaining access to electronic trading - all of these are artificial barriers that hide the main advantage of such a lease - low rental rates and the price of the property. The difference between commercial and urban rental costs for premises is sometimes 4-5 times different.

Prices

In addition to low cost, renting premises from the city of Moscow has a number of other advantages:

• possibility of purchasing premises after 2 years ( 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 agreement with the state;
• guaranteed advantage upon subsequent renewal of the contract.

The only disadvantage of renting premises from the city is the inability to sublease them. However, this inconvenience is offset by the opportunity to assign 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 forms participate in auctions on an equal basis with individual entrepreneurs and citizens. The difference lies in the package of documents that must be collected and submitted to participate in bidding for the selected premises. Naturally, the list for individuals is much smaller than for an LLC.

Specialists of the Bridges company have extensive 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 bidding allows us to reduce the time by more than half and eliminate errors that could lead to refusal. In addition, we will advise you on the best way to submit documents and, if necessary, we will re-register the contract from an individual to a legal entity.

How to rent non-residential premises profitably

In order to profitably conclude a lease agreement for premises in the city of Moscow from the City Property Department, you must successfully go through several stages.

1. On the official bidding website, select premises that correspond to the intended purpose of your business.
2. Obtain permission to inspect it and study all tender documentation regarding it (rules for bidding and terms of the lease agreement).
3. Apply for an electronic signature and, with its help, obtain accreditation on the electronic trading platform.
4. Apply for bidding and take part in the auction for the selected premises.
5. At the end of the auction, sign all the necessary protocols, the lease agreement and the acceptance certificate of the premises.
6. Register the lease agreement with the state authorities of Rosreestr.
7. Execute other necessary actions after concluding a contract (for example, calculate and pay VAT if necessary).

After successful completion of all these stages, you receive a lease agreement for state or municipal property for a period of 10 years for a very favorable conditions. In addition, if necessary, you can buy the premises from the city of Moscow without an auction and raising rates, which is a definite advantage.

Nuances of participation in tenders for the lease of state property

To participate in the auction, a deposit is required to be deposited into a special account. If you are not the winner of the auction, the deposit will be returned within 10 days. If you win and subsequently refuse to conclude a lease agreement, the deposit remains with the auction organizer. This is why it is important to review your lease agreement with the city before deciding 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 about the intended 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 in demand are "vacant" premises on the first floors of residential buildings in the city.

If there is no economic benefit from doing business, the tenant has the right to terminate the lease agreement with the Moscow Property Department. The standard condition for termination is to notify the lessor at least 3 months before the expected end of the contract. It is better to find out about the existence of penalties for early termination before concluding a lease agreement.

IMPORTANT! If only one participant competes for the rental 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

Team of licensed specialists

Individual approach

Affordable prices

Why do you need the help of a lawyer?

If you decide to participate in an auction for renting premises from the city, you need to enlist the support of professional lawyers who specialize in leasing non-residential premises from the Moscow Property Department. The law company "Mosty" offers comprehensive support for participation in bidding 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.

By collaborating with our company, you can significantly save time on preparing, collecting documents and obtaining digital signatures. In addition, we will translate the future lease agreement from legal language into Russian, which will allow you to assess all the risks in its execution in advance, as well as understand how suitable the proposed conditions are for your business.

Our specialists will promptly complete the state registration of a long-term lease agreement and ensure that the property department complies with all the conditions specified in the agreement strictly and in a timely manner. From the practice of the Bridges company, filing a complaint about the inaction of property department employees is sometimes the only effective way to speed up the process of concluding a profitable lease agreement after winning the auction.