The procedure for conducting auctions for the lease of land plots. Renting municipal non-residential premises Rent premises from the state

Are you looking for information about auctions for the rental of municipal property 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 rental of premises in Moscow is what will allow you to rent a suitable object.

At the same time, GlavUpDK under the Russian Foreign Ministry offers you information about auctions for the lease of federal property - i.e. state-owned The secret is 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 the opportunity to rent an object at a lower price exists. It is also necessary to distinguish between the lease of federal real estate and the lease of real estate obtained during a lease auction municipal premises.

The GlavUpDK company under the Russian Ministry of Foreign Affairs on an ongoing basis organizes and conducts auctions for the lease of federal real estate transferred to it for management under the right of economic management. If you are looking for 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 will be able to conclude an absolutely legal lease agreement that will protect your interests as a tenant.

Auction rules:

The auction is held in accordance with current legislation, which obliges federal state unitary enterprises to put up all premises offered for rent at auction. If only one application is submitted, the auction is declared invalid, and an agreement is signed with the potential tenant who submitted the only application at the minimum (starting) rental rate. If several participants bid for one premises, an auction is held, during which bids may increase significantly during the bidding.

In order to become a participant in a real estate rental auction, you must fill out an application where your details will be indicated, as well as attach the constituent documents and a document confirming 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 enter into a rental agreement within 20 days from the date of the auction. In this case, the deposit will be returned to the auction winner 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, specified deadlines, 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 email indicated on the website.

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. When concluding such a 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.

No auctions municipal organizations You can provide real estate for rent 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 specifically are educational, medical organizations ( budgetary institutions), 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.

Short-term rental agreement for real estate, not signed as a result of auctions, on new period cannot be renewed 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), 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 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.

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 existing situation and development of the right strategy for the development of commercial real estate!
Prerequisites for training:
You understand that the percentage of properties found is much less than the percentage of those sold. Would you like to know how real estate is assessed and managed within a retail chain? How to become the most effective broker using area search tools and spending less time working in the fields. How to learn to refuse illiquid objects in favor of top objects. If you are new to the field of commercial real estate, then in one day you will receive working algorithms for assessing and searching for top properties, with 100% implementation. In this seminar you will learn:
The specifics of the commercial real estate market and how this can help in the development of a retail company. What is the right “investment in streets”: how to analyze and select premises for stores with a payback period of 8-9 years. Geomarketing using the example of your city using a city map. What is zonal search and how do retailers use it? What are “focal points” or “top location”? How to analyze cannibalization, coverage areas, consumer flows, traffic. Features of working with land plots for commercial real estate. You will be able to get free consultation according to your project. Recommended:
Owners of real estate agencies and consulting in the field of commercial real estate. Specialists involved in working with commercial real estate in the retail business. For experienced brokers and beginners. And also to EVERYONE WHO WANTS to develop themselves in the direction of geomarketing and real estate brokerage.
Program:
1. 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 (Determination of the city structure from the map. Zoning (basic principles of zonal search). Identification of low-competitive and highly competitive zones and making decisions about new opening or rotation in highly competitive zones. What is market capacity, how use market capacity when identifying key locations on the map.Coverage areas and cannibalization: a) in what situations is it possible to offer a 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 IS Organica program. Analytics of marketing data for objects. Which objects are for which product group)
5. How to properly invest in a street-retail property.
6. Land for a commercial property.
7. Discussion of found objects (discussion using theory). Consulting. Second day.
8. Recording of Olga Abramchuk’s master class from the 1st International Conference: Real Estate Challenge of Our Time.
Seminar 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 the GART Company (2017). Two higher education: urban planning and psychological. She has led retail development projects since 2004, in the following companies: Castorama, Auchan, Decathlon, Moscow Jewelry Factory, Rigla Pharmacy Chain. As a brokerage project manager, she opened MEGA-Omsk together with the Retail Profile Company. She was involved in retail development in more than 30 cities of Russia. More than 20 projects have been found and signed.

Invited speaker at the All-Russian Forum of Purchasing Directors VPROC2019 and at the All-Russian Housing Forum in Sochi. Housing forum
Author of articles in Media Publishing House MarketMedia.ru
The main clients today are: Rigla pharmacy chain, Protek group of companies, Genetic Success-England; Lastechnologii - Moscow; Jewelry Union - Omsk; Institute of Real Estate - St. Petersburg, media portal MarketMedia.ru - St. Petersburg, Tries Personnel Group of Companies - g. Omsk, State Institute medicines under the Ministry of the Russian Federation - Moscow, Real Estate Agency "ITHAKA" - St. Petersburg.
Basic biographical information and achievements.
2003 – Graduated from Omsk State Agrarian University. Obtaining a specialty in urban planning and urban cadastre.
2004 – Development Director of the Pyaterochka supermarket chain in Omsk. 21+ stores found and launched. A strategy for the development of this network in the region has been developed.
2005 – opened her own company in the field of commercial real estate and land registration. The company was operating successfully before the 2008 crisis. During its existence, transactions from 20 million rubles+ were carried out
2009 – together with the American Company Retail Profile Russia and Ikea Moss, they launched a large-scale project to open the MEGA Omsk shopping center. She was engaged in brokerage and consulting of 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 Decathlon Company, she moved to Moscow to the position of territorial development manager. Areas of development responsibility: 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. Collection of marketing information about possible locations for the Company.
2015 – Project work with such Companies as the Moscow Jewelry Factory, the Verny supermarket chain, DIY hypermarkets Maxidom.
2016 – Beginning of cooperation with the Auchan Company, as a project manager for the development of a new hypermarket of the network - “Our Rainbow”. 22+ land plots were found, 3+ lease agreements were signed. Also this year, Marina makes a radical decision to change her field of professional activity and begins training at the Moscow Institute of Psychoanalysis.
End of 2017 – Founding of the GART Company. Gives 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 network retail”; takes part, as an invited expert, trainer in All-Russian forums, Round tables, Conferences; blogs at 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 Moscow Guild receive a 15% DISCOUNT. To receive a discount, use PROMO CODE. Book a ticket to the seminar!

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 its owner is not a commercial company or an individual, you must contact the 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 the date of payment. 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.