List of municipal premises for rent. Rent of municipal non-residential premises. Nuances of participation in tenders for the lease of state property

For small and medium-sized businesses, renting real estate from the Moscow City Property Department is one of the best ways to 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: auction date, rental period, starting amount rent.
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 on which 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 regulations for 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.

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 enter into an agreement with municipal authorities is associated with the high stability of this type of transaction, as well as with the peculiarities of the rent, namely, its 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 through the acquisition of revenue for renting 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 means non-residential or residential type objects belonging to one or another entity Russian Federation based on 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 rental properties 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 of 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, 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;
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, water funds of the Russian Federation.

Privileges

In 2019, preferences are provided for small business owners when renting municipal property. Federal Law No. 209 in Article 18 reveals the essence of such privileges. First of all, 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 a 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 slightly lower than, for example, when renting a property from 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.

Any business is aimed at making a profit, and the first rule of making a profit is to reduce the organization’s costs as much as possible. Renting and maintaining non-residential premises is often one of the main expenses of an enterprise, and for small and medium-sized businesses in Moscow, the amount of rent is sometimes a matter of survival. Renting non-residential premises from the city is the best way to reduce costs in such cases.

The city benefits from the assistance of specialists from the law firm “Mosty” in concluding a lease agreement. in great demand in small and medium-sized enterprises. Our specialists help to understand all the terms of the auction and, at the request of the client, provide legal support for the entire process. The result of such joint activities is the successful signing with you of a lease agreement for premises from the Moscow Property Department.

What are the advantages of renting from the city?

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

Prices

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

possibility of purchasing premises after 2 years ( special condition, must be specified in the contract);
stable rental rate for the entire term of the contract (10 years), the prospect of long-term use of the premises;
long-term agreement with the state;
guaranteed advantage upon subsequent renewal of the contract.

The only disadvantage of renting premises from the city is the inability to sublease them. However, this inconvenience is offset by the opportunity to assign lease rights to real estate in accordance with the civil code on favorable terms.

Who can rent premises from the Moscow Property Department

Both legal entities and individuals can enter into lease agreements with the city. Organizations of any organizational and legal forms participate in auctions on an equal basis with individual entrepreneurs and citizens. The difference lies in the package of documents that must be collected and submitted to participate in bidding for the selected premises. Naturally, the list for individuals is much smaller than for an LLC.

Specialists of the Bridges company have extensive experience in preparing tender documentation. Due to the specifics of our activities, we monitor all changes in federal and city legislation in this area. Our assistance in preparing documents for bidding allows us to reduce the time by more than half and eliminate errors that could lead to refusal. In addition, we will advise you on the best way to submit documents and, if necessary, transfer the contract from an individual to a legal entity.

How to rent non-residential premises profitably

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

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

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

Nuances of participation in tenders for the lease of state property

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

When submitting an auction application, pay attention to the category of persons with whom a lease agreement may subsequently be concluded, and to information about the intended purpose of the non-residential premises. These two conditions significantly affect the number of bidders. From the practice of employees of the law firm "Mosty", the most in demand are "vacant" premises on the first floors of residential buildings in the city.

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

IMPORTANT! If only one participant competes for the rental of premises at the auction, the lease agreement is concluded with him on the originally stated conditions.

Our advantages

No prepayment

Compliance with the law

Team of licensed specialists

Individual approach

Affordable prices

Why do you need the help of a lawyer?

If you decide to participate in an auction for renting premises from the city, you need to enlist the support of professional lawyers who specialize in leasing non-residential premises from the Moscow Property Department. The law company "Mosty" offers comprehensive support for participation in bidding and the subsequent conclusion of a lease agreement. To minimize costs, you can use certain services of the company, for example, to study the terms of a future contract or prepare the necessary documentation.

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

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

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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 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.): 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 design land plots. 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
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