How to rent premises from the city correctly. The procedure for bidding for the lease of land How to rent premises from the city administration

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

There are quite a few electronic trading platforms in Russia now. These are both commercial sites and government ones. We will focus on the state ones and the most significant ones. These are exactly where the Moscow City Property Department most often conducts electronic auctions. The lots we cover are played there.

How does the bidding procedure work?

You need to register on the electronic platform, then submit an application for participation (please note that in our proposals we always indicate the closing date for accepting applications for participation). The last stage is the actual conduct of the electronic auction, followed by receipt of a protocol on the results.

At the registration stage, the key points will be:

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

The trading process is controlled by the site operator.

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

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

For small and medium-sized businesses, renting real estate from the Moscow City Property Department is one of the the best ways save on rent and free up money to solve business problems. By participating in auctions, entrepreneurs can obtain premises at a rate below the market average, and subsequently buy them back at favorable conditions. Smart Choice experts talk about how to rent premises from the city of Moscow and take part in special programs to support small and medium-sized businesses.

Step-by-step instructions on how to rent a room from the city

Choose the right object. They are presented on the website mos.ru. Pay attention to the key lot information: date of auction, rental period, starting rental amount.
View the property. An application for inspection can be submitted up to a few days before the deadline for accepting applications for participation in the auction. How to rent a room from the city and be sure that the property is ideal for you? Visit it yourself or have it examined by a specialist. A thorough examination, including checking the condition of repairs, communications, assessment transport accessibility, infrastructure, etc., will avoid problems with the operation of real estate in the future.
Register on the site that will conduct the auction. Today they are all produced in electronic format. To register, you will need to provide constituent documents and a digital signature, install several certificates and a data cryptographic protection system.
Collect a package of documents. You will need an extract from the Unified State Register of Legal Entities or Unified State Register of Individual Entrepreneurs (it must be received no earlier than 6 weeks before the start of the auction), copies of the constituent papers, a decision to approve the transaction, and a document confirming the authority of the person submitting the application. You also need to attach a statement in which the entrepreneur confirms that no bankruptcy or liquidation case has been opened against the company, and its activities have not been suspended.
Pay the deposit. Review the lot documentation to find out how to rent space from the city and how much you need to transfer to participate in the auction. As a rule, the deposit is 5% of the lot amount.
On the day of the auction, go to the auction site and take part in the auction. You can study the rules for bidding on the website or in the documentation for the lot. If you are the only participant in the auction, you will automatically be recognized as the winner.
Sign the protocol on the results of the auction. As a rule, it is published on the same day when the auction was held. Within 10-20 days after the auction, you must contact the DGI to conclude an agreement.
Pay the initial amount and sign the contract. After this you will be able to use the premises.

Please note: the rental price for the year, which is indicated in the contract, will be revised after 12 months. The amount will be multiplied by the consumer price index (inflation rate). Keep this in mind when finding out how to get a space to rent from the city: the space will cost more in the future. However, the City Property Department does not have the right to change the rate unilaterally.

How to rent premises from the city of Moscow? Analyzing lot documentation

The best way to find out how to rent premises from the city is to study the lot documentation. All the key information for making a decision and planning actions at the auction will be indicated here. The document states:

a detailed description of the non-residential property indicating the number in the Unified State Register, intended purpose, address, area, etc.;
term of the contract;
the initial price from which bets start;
deposit for participation in the auction;
the amount that the auction winner will have to pay and the timing of payment;
minimum auction step;
documents for participation;
start and end dates for accepting applications, holding an auction and other information.

Also in the documentation for the lot you can study the lease agreement (pay special attention to the rights and obligations of the tenant), a sample application for participation in the auction and a power of attorney to represent interests by a third party.

Important: there are several programs to help entrepreneurs in Moscow. For example, property support is provided for small businesses that work in the field of healthcare, social nutrition, education, consumer services, etc. To understand whether your company can count on benefits, contact Smart Choice specialists: they are thoroughly familiar with the legislation on assistance programs for entrepreneurs and will take care of the correct execution of documents.

Pitfalls when renting municipal property

Before you learn how to lease a property from the city and bid on it, you need to make sure you are ready for the auction. There are several difficulties:

New offers need to be monitored. In order not to miss out on a profitable lot, you need to regularly monitor DGI offers. In addition, you will have to spend time inspecting the property.
The registration process at the auction site may take several days.. It is best to register before you decide to rent a specific premises from the city of Moscow in order to be sure to become a bidder before the start. It's especially important to start preparing early if your business doesn't yet have an electronic signature. In order not to deal with the rules of trading and not waste time on self-registration, you can use the help of Smart Choice lawyers.
The winner must conclude an agreement within a short time and, most importantly, make payment. As a rule, the down payment is 25% of the minimum contract amount. Considering that the bidding is not for a monthly, but for an annual rental rate, the amount will be significant. The time frame for transferring it to the DGI account is short - up to 3 days. If the auction winner does not have time to collect the required amount or misses the deadline for concluding the contract, the results of the auction will be canceled, and the deposit will not be returned to the winner.

How to rent commercial real estate from the cityno problem?

Smart Choice offers services to entrepreneurs who want to obtain city real estate on attractive terms. We provide a wide range of services:

Selection of an object according to the customer’s requirements among DGI proposals, monitoring of new proposals.
Inspection of the property, assessment of the benefits of the proposal, calculation of the approximate market value of the property.
Consultations on the possibility of participation in government programs.
Registration of the client on the trading platform.
Collecting a package of documents, making a deposit.
Developing a strategy for participating in the auction, calculating the maximum amount that makes sense to pay for the premises.
Participation in the auction on your behalf.
Signing the protocol, transferring the initial amount to the DGI account, signing the agreement.
Assessing the possibility of purchasing real estate, submitting documents to the State Property Inspectorate.
Analysis of the contract for the purchase of real estate, conducting an independent assessment.
Challenging the value of real estate in court.
Concluding an agreement for the purchase of leased real estate.

Smart Choice employs lawyers with more than 5 years of experience who have repeatedly collaborated with DGI on various issues. We will help you rent ideal premises for your business from the city with the possibility of subsequent purchase in Moscow or the Moscow region, making sure that the conditions are the most favorable.

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.
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 of 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, and DIY hypermarkets Maxid.
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!

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 a residential or non-residential premises, owned by city authorities or even the state. In this case municipal rental premises in Moscow - this 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 an auction for the lease of 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 view 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 within the specified time frame, 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. Change municipal property, state property for rent has some features. 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 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

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

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 (at 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:

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.