How to rent municipal premises? Renting municipal non-residential premises How to rent premises from the city

1. The conclusion of lease agreements, agreements for gratuitous use, agreements for trust management of property, and other agreements providing for the transfer of rights of ownership and (or) use in relation to state or municipal property that is not secured by the right of economic management or operational management can be carried out only based on the results holding competitions or auctions for the right to conclude these agreements, with the exception of granting the specified rights to such property:

1) on the basis of international treaties Russian Federation(including intergovernmental agreements), federal laws establishing a different procedure for disposing of this property, acts of the President of the Russian Federation, acts of the Government of the Russian Federation, court decisions that have entered into legal force;

2) state bodies, local government bodies, as well as state extra-budgetary funds, the Central Bank of the Russian Federation;

3) state and municipal institutions;

(see text in the previous edition)

4) non-profit organizations created in the form of associations and unions, religious and public organizations(associations) (including political parties, social movements, public funds, public institutions, public amateur bodies, trade unions, their associations (associations), primary trade union organizations), associations of employers, homeowners' associations, socially oriented non-profit organizations, provided they carry out activities aimed at solving social problems, developing civil societies in the Russian Federation, as well as other types of activities provided for in Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ “On Non-Profit Organizations”;

(see text in the previous edition)

5) lawyers, notaries, chambers of commerce and industry;

6) medical organizations, organizations carrying out educational activities;

(see text in the previous edition)

7) for the placement of communication networks, postal facilities;

(see text in the previous edition)

8) a person who has the rights to own and (or) use a network of engineering and technical support, if the transferred property is part of the corresponding network of engineering and technical support and this part of the network and the network are technologically connected in accordance with the legislation on urban planning activities, the person , which has been assigned the status of a single heat supply organization in heat supply price zones in accordance with Federal Law of July 27, 2010 N 190-FZ “On Heat Supply”;

(see text in the previous edition)

10) a person with whom a state or municipal contract was concluded based on the results of a competition or auction held in accordance with Federal Law No. 44-FZ of April 5, 2013 “On the contract system in the field of procurement of goods, works, services to meet state and municipal needs ", if the provision of these rights was provided for by the competition documentation, auction documentation for the purposes of the execution of this state or municipal contract, or to the person with whom the state or municipal autonomous institution entered into an agreement based on the results of a competition or auction held in accordance with the Federal Law of July 18 2011 N 223-FZ "On the procurement of goods, works, services by certain types of legal entities", if the provision of these rights was provided for in the procurement documentation for the purposes of the execution of this contract. The period for granting these rights to such property cannot exceed the period for the execution of a state or municipal contract or agreement;

(see text in the previous edition)

11) for a period of no more than thirty calendar days over six consecutive calendar months (granting the specified rights to such property to one person for a total period of more than thirty calendar days over six consecutive calendar months without holding competitions or auctions is prohibited);

12) in exchange for real estate, the rights in respect of which are terminated in connection with the demolition or reconstruction of the building, structure, structure of which such real estate is or part of, or in connection with the granting of rights to such real estate to state or municipal organizations carrying out educational activities, medical organizations. In this case, the real estate, the rights to which are granted, must be equivalent to the previously owned real estate in location, area and value determined in accordance with the legislation of the Russian Federation regulating valuation activities. The conditions under which real estate is recognized as equivalent to previously owned real estate are established by the federal antimonopoly authority;

(see text in the previous edition)

13) to the legal successor of a privatized unitary enterprise in the event that such property is not included in the assets of the privatized unitary enterprise subject to privatization, but is technologically and functionally connected with the privatized property and classified by federal laws as objects civil rights, the circulation of which is not allowed, or to objects that can only be in state or municipal ownership;

14) being part or parts of a premises, building, structure or structure, if the total area of the transferred property is no more than twenty square meters and does not exceed ten percent of the area of the corresponding premises, building, structure or structure, the rights to which belong to the person transferring such property ;

15) the person who submitted the only application for participation in the competition or auction, if the said application meets the requirements and conditions provided for by the competition documentation or auction documentation, as well as the person recognized as the only participant in the competition or auction, on the terms and at the price, which are provided for in the application for participation in a competition or auction and the competition documentation or auction documentation, but at a price not less than the initial (minimum) price of the contract (lot) specified in the notice of the competition or auction. At the same time, for the auction organizer, the conclusion of the contracts provided for in this part in these cases is mandatory;

16) transferred for sublease or for free use by a person to whom the rights of ownership and (or) use in relation to state or municipal property were granted based on the results of an auction or in the event that such an auction is declared invalid, or in the event that these rights are granted on the basis of state or municipal contract or on the basis of paragraph 1 of this part.

2. The procedure for concluding contracts specified in part 1 of this article does not apply to property, the disposal of which is carried out in accordance with the Land Code of the Russian Federation, the Water Code of the Russian Federation, the Forestry Code of the Russian Federation, the legislation of the Russian Federation on subsoil, the legislation of the Russian Federation on concession agreements, legislation of the Russian Federation on public-private partnership, municipal-private partnership.

(see text in the previous edition)

3. In the manner prescribed by Part 1 of this article, lease agreements, gratuitous use agreements, and other agreements providing for the transfer of ownership and (or) use rights in relation to:

1) state or municipal real estate, which belongs to state or municipal unitary enterprises by the right of economic management or operational management;

2) state or municipal real estate assigned to state or municipal autonomous institutions with the right of operational management;

3) state or municipal property, which belongs by right of operational management to state or municipal budgetary and government institutions, state bodies, local governments.

(see text in the previous edition)

3.1. The conclusion of lease agreements in relation to state or municipal property of state or municipal educational organizations that are budgetary institutions, autonomous institutions, budgetary and autonomous scientific institutions is carried out without holding competitions or auctions in the manner and on the terms determined by the Government of the Russian Federation, while simultaneously complying with the following requirements :

(see text in the previous edition)

1) tenants are business companies created by the institutions specified in paragraph one of this part;

2) the activities of the tenants consist in the practical application (implementation) of the results of intellectual activity (programs for electronic computers, databases, inventions, utility models, industrial designs, selection achievements, topologies of integrated circuits, production secrets (know-how), the right to use which contributed as a contribution to their authorized capital;

3) lease agreements establish a ban on the sublease of this property provided to business companies under such lease agreements, the transfer by business companies of their rights and obligations under such lease agreements to other persons, the provision of this property for free use, and the pledge of such lease rights.

3.2. The conclusion of lease agreements, agreements for gratuitous use in relation to state or municipal property of state or municipal organizations engaged in educational activities is carried out without holding competitions or auctions if these agreements are concluded with:

1) medical organizations to protect the health of students and employees of organizations carrying out educational activities;

2) public catering organizations to create the necessary conditions for organizing meals for students and employees of organizations carrying out educational activities;

3) physical education and sports organizations to create conditions for students to exercise physical culture and sports.

(see text in the previous edition)

5. The procedure for holding competitions or auctions for the right to conclude contracts specified in parts 1 and this article, and the list of types of property in respect of which the conclusion of these contracts can be carried out through bidding in the form of a competition, are established by the federal antimonopoly body.

5.1. In accordance with Part 6 of this article, a notice of a competition is posted no less than thirty days before the deadline for submitting applications for participation in the competition, a notice of an auction is posted no less than twenty days before the deadline for submitting applications for participation in an auction.

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.

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 the individual who has only submitted an application for competitive participation in the auction (if this person meets the established standards), who is the only participant in the 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 required 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 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 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 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 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 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 similar cases. That is, when an autonomous state institution, 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.

Low and constant rental rates, the possibility of purchasing real estate, preferential programs - these are just the key advantages of Moscow. The number of tenants in the city is growing every year: for example, compared to 2016, in 2017, 10% more entrepreneurs were able to obtain real estate on favorable terms. In total, almost 6,000 property and land auctions were held last year. In 2018, all programs will continue to operate for tenants that allow them to significantly save on rent and achieve the purchase of city real estate. Don't miss the chance to get a room with a rental rate significantly lower than the market rate! Our article with a step-by-step analysis of the rental process and expert comments will help you understand the peculiarities of bidding.

Step one: choosing a property

Objects that are available for rent from DGI can be viewed on the website: https://investmoscow.ru/tenders or https://www.mos.ru/tender/function/zem-imush-torg/edinyy_spisok_torgov/. There are convenient filters to find non-residential premises in the desired area, the required area, with a specific purpose.

Important: Evaluate not only the premises, but also the conditions of the auction: what are the deadlines for accepting applications for participation, what is the size of the deposit. Download lot documentation and read the lease agreement. Note such important factors as the possibility of subletting real estate, assigning claims, early termination of the contract, etc.

Some entrepreneurs think that they are buying a “pig in a poke” by signing an agreement with DGI. As a lawyer who has worked in the real estate market for many years, I hasten to destroy this stereotype. On the contrary, all documentation on the object is presented in the public domain, starting from an extract from the Unified State Register of Real Estate and ending with a technical passport from the BTI. Objects are exhibited with a large number photographs. Moreover: auction participants can agree on a personal inspection of the premises: for this you need to submit an application on the website no less than two days before the start of the auction https://investmoscow.ru/tenders.

Step two: register on the bidding site and submit an application

Entrepreneurs who participate in bidding for the first time must go through the registration procedure on the site. To do this, you will need to undergo accreditation, install certificates and a cryptographic information protection system on your PC. Entrepreneurs will need an electronic signature. We recommend starting the registration procedure at least a week before the deadline for accepting applications for the auction you are interested in.

If the legal entity is already registered, then you only need to submit an application to participate in the auction. Moreover, you will additionally need:

Provide documents - an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs, copies of constituent documents and an extract from the authorized body that it approves the transaction. Documents confirming the authority of the person taking part in the auction are also required.
Make a deposit - its amount is indicated in the bidding documentation. A payment document with a note from the bank regarding the payment is attached to the application. The receipt must indicate the lot number, the date of the auction, the address and total area of the premises, and the amount of the deposit.

Important: why can an application to participate in a tender be rejected?

There are very few reasons why entrepreneurs are not allowed to auction: failure to pay a deposit, an incomplete set of documents, or violation of the requirements for drawing up auction documentation. Companies that are at the stage of bankruptcy or liquidation will also be excluded from participating in the auction.

Step three: participation in the auction

At the appointed time, you must take part in the auction on the site’s website. The minimum price is the one indicated in the documentation for the lot. The auction step is also specified in the documents - as a rule, it is 0.2% of the lot amount. If there is no bid within an hour, then the winner of the auction is the participant who offered the last amount. Once the tender protocols are posted on the website, they are recognized as valid.

Important: What if you are the only bidder in the auction?

In this case, bidding simply does not take place: the city will offer to conclude a direct lease agreement on the terms published in the lot documentation.

Yakushev Anton, lawyer at RFI consult

Before participating in an auction, it is necessary to assess the risks. Thus, the deposit amount is not returned to the entrepreneur if he was the only participant admitted to the auction or made the maximum bid, but refused to sign the protocol or lease agreement.

Step four: conclusion of the contract

Between 10 and 20 days after the end of the auction, the entrepreneur must arrive at the Moscow City Property Department to sign a lease agreement for non-residential premises. At the same time, he must comply with all documentation and deposit requirements. The agreement cannot be changed unilaterally by either party. If the participant who takes first place avoids signing the contract, then instead of him DGI can offer rent to entrepreneurs who offered the second and third from the end amount.

Yakushev Anton, lawyer at RFI consult

Despite the simplicity of the rental procedure non-residential premises The Moscow Property Department has quite a lot of pitfalls that entrepreneurs are not aware of. For example, it is difficult to objectively assess the value of premises for a business and understand to what extent it makes sense to raise rates. Problems may arise when collecting documents, registering on the auction site, or participating in auctions. Finally, it is very important to have an attorney review the lease agreement and highlight all the pros and cons of the proposal.

Our clients are always satisfied with cooperation with RFI consult, since we provide turnkey services - from selecting premises according to the customer’s parameters and collecting documents for participation in preferential programs of the State Property Inspectorate, to signing an agreement with the Moscow Property Department. Customers receive real estate on a long-term lease basis at the best rate.

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, with regard to payment for the operated area. True, the conclusion of an agreement with the municipality is preceded by auctions and competitions, based on the results of which the future tenant is identified.

In general, the process is considered to be quite labor-intensive, so before submitting an application, you should carefully prepare and study the materials in any way related to the procedure.

The essence and benefits of renting municipal property

The procedure for leasing municipal property consists of signing an agreement with the municipality, the subject of which is non-residential or other premises transferred for temporary use to the interested party. 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 municipal authorities is associated with the high stability of this type of transactions, as well as with the peculiarities rent, namely, with a lower value. It is noted that a similar transaction with one or another commercial organization entails much more expenses in terms of payment for the operated 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 considerable part of the local budget is formed precisely from the receipt of revenue from the rental of non-residential premises. Accordingly, the government, both at the regional and local levels, is trying with all its might to promote the development of small businesses to a higher level.

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

In this case, municipal property can be assigned to individual enterprises and organizations, which 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 constituent entity 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 corresponding request to the local administration. Data must be provided upon request and free of charge.

Who can become a tenant

The tenants of municipal property are usually small business owners. The latter means conducting business activities within small enterprises and firms that are not associations.

Medium-sized businesses are recognized as:

individual entrepreneurs (IP);
various types cooperatives (consumer, production, agricultural);
peasant and farm enterprises;
partnerships or economic-type communities.

In most cases, the goal of potential tenants is to use municipal premises for a store, office, or warehouse. An ordinary citizen is not prohibited from applying for a lease.

Contractual support of the transaction

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

In a legal sense, a lease agreement establishes the fact of transfer of property to the temporary disposal of a third party (tenant). The contents of the document necessarily include the terms of the transaction, the amount of the fee, the timing 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 the tenant directly.

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

agreement with the possibility of subsequent purchase of the premises;
long-term lease agreement, when the validity period of the document is several years;
a current lease agreement involving temporary use of the premises;
a contract for gratuitous use, when no rental payment is provided, but the other party undertakes to return the object, taking into account acceptable wear and tear or on the terms specified in the agreement;
contract for trust management property, implying the transfer of any premises to an enterprise for an indefinite period on the terms of disposal of the property, taking into account the interests of the original owner (the municipality);
agreement for storage and simultaneous operation of property.

Although there are many options for lease agreements, a standard contract is usually used. True, the self-government 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 exclusively on a competitive basis.

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

municipal unitary enterprise;
autonomous government agency;
municipal authority, subject to operational management.

In short, in most cases it is possible to obtain a municipal property for rent only after a competition or auction. The first option assumes complete confidentiality of information about competitors. Bidding involves the public submission of an application. That is, interested parties can first study the terms of offers from other applicants and formulate a more profitable option.

The procedure for conducting tenders is set out in Order No. 67 of the FAS Russia. It also contains a list of property objects in respect of which holding a tender is considered mandatory. However, the provisions of the order may be supplemented by regulations issued at the level of local municipalities. Typically, the procedure and related adjustments are publicly available on the websites of local administrations.

Procedure for renting on a competitive basis

Regardless of which option is chosen - bidding or a competition, first of all, the authority convenes a commission, which subsequently collects information about the participants, examines applications and identifies the winner. In turn, applicants will need to voice their desire to take part in the auction. For this, you should prepare a written application and collect a package of documentation.

A typical list of papers includes:

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

It is important to understand that the procedure may differ slightly depending on the location of the object. Accordingly, you should first clarify the rules of the process with the local administration.

The winner of the competition or auction will be the participant who outlined the most favorable conditions for the execution of the transaction agreement. Simply put, the premises will be given for use to the applicant who announced the highest rent amount.

Is it permissible to rent without holding a competition?

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 prior holding a competition.

The list includes the following cases:

There are state or municipal preferences that are valid on the basis of Chapter 5 of Federal Law No. 135.
A competition within the framework of the municipal contract has already been held previously. Moreover, the rental period should not exceed the validity period of the relevant agreement.
The property is leased for a period of no more than 30 days within six months. In this case, it is not allowed to conclude a repeated agreement after the end of the specified period.
An extension of the existing agreement concluded between the municipality and the enterprise is required.
The right to rent 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 the property, 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;
trade 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 forestry, land, and water funds of the Russian Federation.

Benefits

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, authorities can provide premises or other facilities for use free of charge or on preferential terms.

Local governments can independently regulate the procedure for special rental programs, but usually preferences consist of renting out an object to an enterprise for a period of 5 years or more with the possibility of subsequent purchase. Moreover, lists of property that are subject to lease on preferential terms should be available to everyone. For example, they are posted on the Internet, printed publications, 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 tax amount is calculated by summing the rental cost for each real estate 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 a property from a commercial entity. In addition, there are a number of preferences and benefits for entrepreneurs. The main thing is not to forget that a lease agreement of any type is subject to mandatory registration in Rosreestr. Only after the procedure has been completed will the contract become legally binding and the facility can be operated at its own discretion.