Long-term rent from the city. Renting government premises - subtleties and nuances. Municipal or commercial

13.4.6. Income from the rental of property (Pacht) This type of income includes income received from the rental of any movable and immovable property, for example: land plots; buildings and their parts (for example, apartments); maritime and river boats; cars and

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: 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 a space 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 is especially important to start preparing early if your business does not 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.

Are you looking for information about auctions for the rental of municipal property in Moscow because it is inexpensive and reliable? It is possible that for one reason or another you need to sign a lease agreement for residential or non-residential premises owned by city authorities or even the state. In this case municipal rental 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.

4) the initial (minimum) contract price (lot price), indicating, if necessary, the initial (minimum) contract price (lot price) per unit area of ​​state or municipal property, the rights to which are transferred under the contract, in the amount of a monthly or annual payment for the right of ownership or use of the specified property, in the amount of payment for the right to conclude an agreement for the gratuitous use of the specified property, with the exception of holding a competition for the right to conclude a lease agreement in relation to heat supply, water supply and (or) sanitation facilities;

5) duration of the contract;

6) date, place and procedure for provision tender documentation, email address of the website on the Internet on which the tender documentation is posted, the amount, procedure and timing of payment of the fee charged for the provision of tender documentation, if such a fee is established;

10) an indication that only small and medium-sized businesses that have the right to support state authorities and local governments in accordance with parts 3 and 5 of Article 14 of the Federal Law "On the Development of Small and Medium-Sized Businesses in the Russian Federation" can participate in the competition ", or organizations that form the infrastructure for supporting small and medium-sized businesses, in the event of a competition for property provided for by Law N 209-FZ.

32. The competition organizer has the right to decide to make changes to the notice of the competition no later than five days before the deadline for submitting applications for participation in the competition. Within one day from the date of adoption of the said decision, such changes are posted by the competition organizer or specialized organization on the official bidding website. In this case, the deadline for submitting applications for participation in the competition must be extended so that from the date of posting on the official website of the tender the changes made to the notice of the competition until the deadline for filing applications for participation in the competition, it is at least twenty days.

33. The organizer of the competition has the right to refuse to hold the competition no later than five days before the deadline for filing applications for participation in the competition. A notice of refusal to hold a tender is posted on the official bidding website within one day from the date of the decision to refuse to hold a tender. Within two working days from the date of adoption of this decision, the competition organizer opens (if the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant) of the applicant is not indicated on the envelope) envelopes with applications for participation in the competition, access is opened to applications for participation in the competition submitted in the form of electronic documents and sends appropriate notifications to all applicants. If a deposit requirement is established, the competition organizer returns to the applicants cash paid as a deposit, within five working days from the date of the decision to refuse to hold the competition.

VII. Tender documentation

35. The tender documentation must contain requirements for technical condition state or municipal property, the rights to which are transferred under an agreement, with which this property must comply at the end of the agreement.

36. Tender documentation may contain requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as quality requirements, technical specifications goods (works, services), the supply (performance, provision) of which occurs using such property, requirements for the description by competition participants of the supplied product, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, requirements for the description by competition participants of the performed works, services provided, their quantitative and qualitative characteristics.

37. It is not allowed to be included in the tender documentation (including in the form of requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for quality, technical characteristics , goods (works, services), delivery (performance, rendering) of which occurs using such property) requirements for the competition participant (including requirements for the qualifications of the competition participant, including the presence of work experience of the competition participant), as well as requirements for his business reputation, requirements for the competition participant to have production capacity, technological equipment, labor, financial and other resources.

38. When developing tender documentation, it is prohibited to include into one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion into one lot of state or municipal property intended for electricity supply, heat supply, gas supply, as well as water supply and sanitation.

39. The period indicated in the tender documentation for which contracts are concluded in relation to property provided for by the Law

40. Tender documentation, in addition to the information and information contained in the notice of the tender, must contain:

4) the procedure for transferring rights to property created by a participant in the competition as part of the execution of an agreement concluded as a result of the competition, and intended for the supply of goods (performance of work, provision of services), the delivery (performance, provision) of which occurs using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property are provided for by the agreement;

5) the procedure, place, start date, date and time of expiration of the deadline for submitting applications for participation in the competition. In this case, the start date of the period for submitting applications for participation in the competition is the day following the day the notice of the competition is posted on the official bidding website. The date and time of the deadline for submitting applications for participation in the competition are established in accordance with paragraph 62 of these Rules;

Information about changes:

10) criteria for evaluating applications for participation in the competition, established in accordance with paragraphs 77, 77.1 of these Rules;

12) the requirement to make a deposit, the amount of the deposit, the deadline and procedure for making the deposit, account details for transferring the deposit if the competition organizer establishes a requirement for the need to make a deposit. Moreover, if the competition organizer has established a requirement for a deposit, and the applicant has submitted an application for participation in the competition in accordance with the requirements of the competition documentation, the agreement on the deposit between the competition organizer and the applicant is considered to be made in writing. Establishing a requirement for the mandatory conclusion of a deposit agreement between the competition organizer and the applicant is not allowed;

13) the amount of security for the execution of the contract, the period and procedure for its provision if the organizer of the competition has established a requirement for security for the execution of the contract. The amount of security for the execution of the contract is established by the organizer of the competition. At the same time, the requirement to ensure the execution of the contract during a tender in relation to property provided for by the Law

14) the period within which the draft agreement must be signed, which is at least ten days from the date of posting on the official bidding website the protocol for assessing and comparing applications for participation in the competition or the protocol for considering applications for participation in the competition if the competition is declared invalid according to the reason for filing a single application for participation in the competition or recognizing only one applicant as a participant in the competition;

15) date, time, schedule of inspection of the property, the rights to which are transferred under the agreement. The inspection is provided by the competition organizer or a specialized organization without charging a fee. Such an inspection is carried out no less than every five working days from the date of posting the notice of the tender on the official bidding website, but no later than two working days before the date of opening the envelopes with applications for participation in the tender;

16) an indication that when concluding and executing an agreement, changing the terms of the agreement specified in paragraph 98 of these Rules by agreement of the parties and unilaterally is not allowed;

Information about changes:

2) proposal for the contract price, with the exception of holding a competition for the right to conclude a lease agreement in relation to heat supply, water supply and (or) sanitation facilities;

3) proposals on the terms of execution of the contract, which are the criteria for evaluating applications for participation in the competition. In cases provided for by the tender documentation, also copies of documents confirming the compliance of goods (works, services) with the established requirements, if such requirements are established by the legislation of the Russian Federation;

53. It is not allowed to require anything else from applicants, with the exception of documents and information provided for in parts “a” - “c”, “d” - “g” of subparagraph 1, subparagraphs 2-4 of paragraph 52 of these Rules. It is not allowed to require the applicant to provide original documents.

54. Upon receipt of an application for participation in a competition submitted in the form of an electronic document, the competition organizer or specialized organization is obliged to confirm in writing or in the form of an electronic document its receipt within one business day from the date of receipt of such application.

57. Applicants, the organizer of the competition, the competition commission, and a specialized organization are obliged to ensure the confidentiality of information contained in applications for participation in the competition before opening the envelopes with applications for participation in the competition and opening access to applications for participation in the competition submitted in the form of electronic documents. Persons storing envelopes with applications for participation in the competition and applications for participation in the competition submitted in the form of electronic documents do not have the right to allow damage to such envelopes and applications until they are opened in accordance with paragraphs 61-69 of these Rules.

58. The applicant has the right to change or withdraw an application for participation in the competition at any time until the tender commission opens the envelopes with applications for participation in the competition and opens access to applications submitted in the form of electronic documents for participation in the competition. If the competition documentation established a requirement for a deposit, the competition organizer is obliged to return the deposit to the applicant who has withdrawn the application for participation in the competition within five working days from the date the competition organizer receives a notice of withdrawal of the application for participation in the competition.

59. Each envelope with an application for participation in the competition and each application for participation in the competition submitted in the form of an electronic document, received within the period specified in the competition documentation, is registered by the organizer of the competition or a specialized organization. At the same time, refusal to accept and register an envelope with an application for participation in the competition, which does not indicate information about the applicant who submitted such an envelope, as well as a requirement to provide such information, including in the form of documents confirming the authority of the person who submitted the envelope with the application participation in the competition or carrying out such actions on behalf of the applicant is not allowed. At the request of the applicant, the competition organizer or a specialized organization issues a receipt for the envelope containing such an application, indicating the date and time of its receipt.

60. If, after the deadline for submitting applications for participation in the competition, only one application for participation in the competition is submitted or no applications for participation in the competition are submitted, the competition is recognized as failed. If the tender documentation provides for two or more lots, the competition is declared invalid only in relation to those lots for which only one application was submitted or no application was submitted.

XI. The procedure for opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition

61. The competition commission publicly opens envelopes with applications for participation in the competition on the day, time and place specified in the notice of the competition and opens access to applications submitted in the form of electronic documents for participation in the competition. The opening of envelopes with applications for participation in the competition and the opening of access to applications submitted in the form of electronic documents for participation in the competition are carried out simultaneously.

62. On the day of opening of envelopes with applications for participation in the competition, immediately before opening of envelopes with applications for participation in the competition or in the case of a competition for several lots, before opening of envelopes with applications for participation in the competition in relation to each lot, but not earlier than the time specified in the notice of the competition, the competition commission is obliged to announce to the persons present at the opening of the envelopes with applications for participation in the competition about the opportunity to submit applications for participation in the competition, change or withdraw submitted applications for participation in the competition before opening the envelopes with applications for participation in the competition.

63. The competition commission opens envelopes with applications for participation in the competition, which were received by the organizer of the competition or a specialized organization before opening the envelopes with applications for participation in the competition. If it is established that one applicant has submitted two or more applications for participation in the competition in relation to the same lot, provided that the previously submitted applications by this applicant are not withdrawn, all applications for participation in the competition of such applicant submitted in relation to this lot are not are reviewed and returned to such applicant.

65. When opening envelopes with applications for participation in the competition, the name (for a legal entity), surname, first name, patronymic are announced and entered into the protocol of opening envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition. (for an individual) and the postal address of each applicant, the envelope with an application for participation in the competition of which is opened or access to the application submitted in the form of an electronic document for participation in the competition of which is opened, the availability of information and documents provided for in the competition documentation, the terms of execution of the contract specified in such an application and which are the criterion for evaluating applications for participation in the competition. If, after the deadline for submitting applications for participation in the competition, only one application has been submitted or no applications have been submitted, information on declaring the competition invalid is entered into the specified protocol.

67. The protocol for opening envelopes with applications for participation in the competition and opening access to applications for participation in the competition submitted in the form of electronic documents is maintained by the competition commission and signed by all present members of the commission immediately after opening the envelopes. The specified protocol is posted by the competition organizer or a specialized organization on the official bidding website during the day following the day of its signing.

68. The competition commission is obliged to audio or video record the opening of envelopes with applications for participation in the competition. Any applicant present at the opening of envelopes with applications for participation in the competition has the right to make audio and/or video recording of the opening of envelopes with applications for participation in the competition.

69. Envelopes with applications for participation in the competition received after the deadline for filing applications for participation in the competition are opened (if the envelope does not indicate the postal address (for a legal entity) or information about the place of residence (for an individual) of the applicant), access to applications submitted in the form of electronic documents for participation in the competition is opened, and on the same day such envelopes and such applications are returned to the applicants. If a requirement for a deposit has been established, the competition organizer is obliged to return the deposit to the specified applicants within five working days from the date of signing the protocol for opening the envelopes with applications for participation in the competition and opening access to applications submitted in the form of electronic documents for participation in the competition.

XII. The procedure for considering applications for participation in the competition

72. Based on the results of consideration of applications for participation in the competition, the competition commission makes a decision on admitting the applicant to participate in the competition and recognizing the applicant as a participant in the competition or refusing to allow the applicant to participate in the competition in the manner and on the grounds provided for in paragraphs 24-26 of these of the Rules, which is documented in the protocol for considering applications for participation in the competition. The minutes are kept by the competition commission and signed by all members of the competition commission present at the meeting on the day the consideration of applications ends. The protocol must contain information about the applicants, the decision to admit the applicant to participate in the competition and to recognize him as a participant in the competition or to refuse to allow the applicant to participate in the competition with the rationale for such a decision and indicating the provisions of these Rules that the applicant does not comply with, the provisions of the competition documentation , which his application for participation in the competition does not comply with, the provisions of such an application that do not meet the requirements of the competition documentation. The specified protocol on the day of completion of consideration of applications for participation in the competition is posted by the organizer of the competition or a specialized organization on the official website of the auction. Applicants are sent notifications of decisions made by the competition commission no later than the day following the day of signing the specified protocol.

73. If the competition documentation established a requirement for a deposit, the competition organizer is obliged to return the deposit to the applicant not allowed to participate in the competition within five working days from the date of signing the protocol for consideration of applications.

74. If a decision is made to refuse admission to all applicants to participate in the competition or to admit only one applicant to participate in the competition and recognize only one applicant as a participant in the competition, the competition is declared invalid. If the tender documentation provides for two or more lots, the competition is recognized as invalid only in relation to that lot, the decision on refusal of admission to participation in which was made regarding all applicants, or the decision on admission to participation in which and recognition as a participant in the competition was made regarding only one applicant. In this case, the organizer of the competition, if the requirement for a deposit was established in the competition documentation, is obliged to return the deposit to applicants who submitted applications for participation in the competition within five working days from the date the competition was declared invalid, with the exception of the applicant recognized as a participant in the competition.

XIII. Evaluation and comparison of applications for participation in the competition

75. The competition commission evaluates and compares applications for participation in the competition submitted by applicants recognized as participants in the competition. The period for evaluating and comparing such applications cannot exceed ten days from the date of signing the protocol for consideration of applications.

77. To determine better conditions execution of the contract proposed in applications for participation in the competition, evaluation and comparison of these applications are carried out at the price of the contract (with the exception of the provision by business incubators of state or municipal property for rent (sublease) to small and medium-sized businesses, as well as heating, water supply and ( or) water disposal) and other criteria specified in the tender documentation. In this case, the criteria for evaluating applications for participation in the competition, in addition to the contract price, may be:

1) the timing of reconstruction (stages of reconstruction) of the contract object, if such reconstruction is provided for in the tender documentation, including the period from the date of signing the contract to the date of putting the contract object into operation with characteristics corresponding to the technical and economic indicators established by the contract;

2) technical and economic indicators of the contract object at the time of expiration of the contract;

3) the volume of production of goods (performance of work, provision of services) using property, the rights to which are transferred under the contract;

4) the period from the date of signing the contract until the day when the production of goods (performance of work, provision of services) using the property, the rights to which are transferred under the contract, will be carried out to the extent established by the contract;

5) prices for goods (work, services) produced (performed, provided) using property, the rights to which are transferred under the contract;

6) qualitative characteristics of the architectural, functional-technological, constructive or engineering solution to ensure the reconstruction of the contract object and the qualifications of the competition participant. This criterion can be used only if the terms of the contract provide for the obligation of the competition participant to prepare design documentation for the reconstruction of the object of the contract or the obligation of the competition participant to create, as part of the execution of the contract, property intended for the supply of goods, performance of work, provision of services, delivery, performance, the provision of which occurs using property, the rights to which are transferred under an agreement;

7) when business incubators provide state or municipal property for rent (sublease) to small and medium-sized businesses, as well as heat supply, water supply and (or) sanitation facilities, only the following criteria for evaluating applications for participation in the competition are used in total:

a) the quality of description of the advantages of a product or service in comparison with existing analogues (competitors);

b) the quality of development of marketing, operational and financial development strategies of a small business entity;

c) projected changes in financial results and the number of jobs of a small business entity;

d) payback period of the project.

In this case, the coefficient taking into account the significance of each of these competition criteria is 0.25.

Information about changes:

106. The auction organizer has the right to decide to make changes to the notice of the auction no later than five days before the deadline for filing applications for participation in the auction. Within one day from the date of adoption of this decision, such changes are posted by the auction organizer, a specialized organization on the official auction website. In this case, the deadline for submitting applications for participation in the auction must be extended so that from the date of posting on the official auction website of the changes made to the notice of the auction until the deadline for submitting applications for participation in the auction, it is at least fifteen days.

107. The auction organizer has the right to refuse to hold an auction no later than five days before the deadline for filing applications for participation in the auction. A notice of refusal to hold an auction is posted on the official auction website within one day from the date of the decision to refuse to hold an auction. Within two working days from the date of adoption of this decision, the auction organizer sends appropriate notifications to all applicants. If a requirement for a deposit is established, the auction organizer returns the deposit to the applicants within five working days from the date of the decision to refuse to hold the auction.

XVII. Auction Documentation

108. Documentation about the auction is developed by the auction organizer, a specialized organization and approved by the auction organizer.

109. The auction documentation must contain requirements for the technical condition of state or municipal property, the rights to which are transferred under the contract, which this property must comply with at the end of the contract.

110. Auction documentation may contain requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for the quality, technical characteristics of goods (work, services) , delivery (performance, rendering) of which occurs using such property, requirements for auction participants’ description of the supplied goods, its functional characteristics (consumer properties), as well as its quantitative and qualitative characteristics, requirements for auction participants’ description of the work performed, services provided, their quantitative and qualitative characteristics.

111. It is not allowed to be included in the auction documentation (including in the form of requirements for the volume, list, quality and timing of work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as requirements for quality, technical characteristics, goods (works, services), delivery (performance, rendering) of which occurs using such property) requirements for the auction participant (including requirements for the qualifications of the auction participant, including whether the auction participant has work experience), as well as requirements for his business reputation, requirements for the auction participant to have production facilities, technological equipment, labor, financial and other resources.

112. When developing auction documentation, it is prohibited to include into one lot technologically and functionally unrelated state or municipal property, in particular, the inclusion into one lot of state or municipal property intended for electricity supply, heat supply, gas supply, as well as water supply and sanitation.

113. The period indicated in the auction documentation for which contracts are concluded in relation to property provided for by Law N 209-FZ must be at least five years. The maximum period for provision of state or municipal property by business incubators for rent (sublease) to small and medium-sized businesses should not exceed three years.

114. Documentation about the auction, in addition to the information and information contained in the notice of the auction, must contain:

1) in accordance with paragraphs 120 - 122 of these Rules, requirements for the content, composition and form of an application for participation in the auction, including an application submitted in the form of an electronic document, and instructions for filling it out;

2) the form, terms and procedure for payment under the agreement;

3) the procedure for revising the contract price (lot price) upward, as well as an indication that the price of the concluded contract cannot be revised downwards by the parties;

4) the procedure for transferring rights to property created by an auction participant as part of the execution of an agreement concluded as a result of the auction, and intended for the supply of goods (performance of work, provision of services), the delivery (performance, provision) of which occurs using the property, the rights to which are transferred under an agreement, if the creation and transfer of such property are provided for by the agreement;

5) the procedure, place, start date and date and time of expiration of the period for filing applications for participation in the auction. In this case, the start date for filing applications for participation in the auction is the day following the day the notice of the auction is posted on the official trading website. The date and time of the deadline for filing applications for participation in the auction are established in accordance with paragraph 103 of these Rules;

7) the procedure and deadline for withdrawing applications for participation in the auction. In this case, the deadline for withdrawing applications for participation in the auction is established in accordance with paragraph 128 of these Rules;

8) forms, procedure, start and end dates for providing auction participants with explanations of the provisions of the auction documentation in accordance with paragraph 118 of these Rules;

9) the amount of increase in the initial price of the contract (“auction step”);

10) place, date and time of the beginning of consideration of applications for participation in the auction;

11) place, date and time of the auction;

12) the requirement to make a deposit, the amount of the deposit, the deadline and procedure for making the deposit, account details for transferring the deposit if the auction organizer establishes a requirement for the need to make a deposit. Moreover, if the auction organizer has established a requirement for a deposit, and the applicant has submitted an application to participate in the auction in accordance with the requirements of the auction documentation, the agreement on the deposit between the auction organizer and the applicant is considered to be made in writing. Establishing a requirement for the mandatory conclusion of a deposit agreement between the auction organizer and the applicant is not allowed;

13) the amount of security for the execution of the contract, the period and procedure for its provision if the auction organizer has established a requirement for security for the execution of the contract. The amount of security for the execution of the contract is established by the auction organizer. At the same time, the requirement to ensure the execution of the contract during an auction in relation to property provided for by Law N 209-FZ is not established;

14) the period within which the draft agreement must be signed, which is at least ten days from the date of posting on the official trading website the protocol of the auction or the protocol of consideration of applications for participation in the auction in the event that the auction is declared invalid due to the submission of a single application for participation in the auction auction or recognition of only one applicant as a participant in the auction;

15) date, time, schedule of inspection of the property, the rights to which are transferred under the agreement. The inspection is provided by the auction organizer or a specialized organization without charging a fee. Such an inspection is carried out at least every five working days from the date of posting the notice of the auction on the official auction website, but no later than two working days before the deadline for filing applications for participation in the auction;

16) an indication that when concluding and executing an agreement, changing the terms of the agreement specified in the auction documentation by agreement of the parties and unilaterally is not allowed;

17) an indication that the terms of the auction, the procedure and conditions for concluding an agreement with the auction participant are the conditions of a public offer, and filing an application to participate in the auction is an acceptance of such an offer;

Information about changes:

By Order of the FAS Russia dated October 20, 2011 N 732, paragraph 114 of this appendix was supplemented with subparagraph 18

18) a copy of a document confirming the consent of the property owner (and in the case of concluding a sublease agreement, also the lessor) to grant the corresponding rights under the agreement, the right to conclude which is the subject of bidding;

Information about changes:

By Order of the FAS Russia dated October 20, 2011 N 732, paragraph 114 of this appendix was supplemented with subparagraph 19

19) a copy of a document confirming the consent of the property owner (lessor) to the provision by the person with whom the agreement is concluded of the corresponding rights to third parties, or an indication that the transfer of the corresponding rights to third parties is not allowed.

115. A draft agreement must be attached to the auction documentation (in the case of an auction for several lots, a draft agreement for each lot), which is an integral part of the auction documentation.

116. The information contained in the auction documentation must correspond to the information specified in the notice of the auction.

118. Clarification of the provisions of the auction documentation is carried out in accordance with paragraphs 47 - 48 of these Rules.

119. The auction organizer, on its own initiative or in accordance with the request of an interested person, has the right to decide to make changes to the auction documentation no later than five days before the closing date for filing applications for participation in the auction. Changing the auction item is not allowed. Within one day from the date of adoption of this decision, such changes are posted by the auction organizer or a specialized organization in the manner established for posting a notice of an auction on the official trading website. Within two working days from the date of adoption of this decision, such changes are sent by registered mail or in the form of electronic documents to all applicants who were provided with documentation about the auction. In this case, the deadline for submitting applications for participation in the auction must be extended so that from the date of posting on the official auction website of changes made to the auction documentation until the deadline for submitting applications for participation in the auction, it is at least fifteen days.

b) an extract from the unified state register of legal entities received no earlier than six months before the date of publication of the auction notice on the official website of the auction or a notarized copy of such an extract (for legal entities), received no earlier than six months before the date of publication on official bidding website, notice of the auction, an extract from the unified state register of individual entrepreneurs or a notarized copy of such an extract (for individual entrepreneurs), copies of identity documents (for other individuals), a duly certified translation into Russian of documents on state registration of a legal entity a person or an individual as an individual entrepreneur in accordance with the legislation of the relevant state (for foreign persons), received no earlier than six months before the date of publication of the auction notice on the official auction website;

c) a document confirming the authority of a person to carry out actions on behalf of the applicant - a legal entity (a copy of the decision on appointment or election or an order on the appointment of an individual to a position, according to which such an individual has the right to act on behalf of the applicant without a power of attorney (hereinafter - manager). If another person acts on behalf of the applicant, the application for participation in the competition must also contain a power of attorney to act on behalf of the applicant, certified by the applicant’s seal (if there is a seal) and signed by the applicant’s manager (for legal entities) or his authorized representative. by the head of the person, or a notarized copy of such a power of attorney. If the specified power of attorney is signed by a person authorized by the head of the applicant, the application for participation in the auction must also contain a document confirming the authority of such person;

d) copies of the applicant’s constituent documents (for legal entities);

e) a decision on approval or on the completion of a major transaction or a copy of such a decision if the requirement for the need for such a decision to carry out a major transaction is established by the legislation of the Russian Federation, the constituent documents of a legal entity and if for the applicant the conclusion of an agreement, the payment of a deposit or the provision of execution of an agreement are a major transaction;

f) a statement about the absence of a decision to liquidate the applicant - a legal entity, about the absence of a decision of the arbitration court to recognize the applicant - a legal entity, an individual entrepreneur as bankrupt and to open bankruptcy proceedings, about the absence of a decision to suspend the activities of the applicant in the manner prescribed by the Code of the Russian Federation on Administrative Laws offenses;

Information about changes:

By Order of the FAS Russia dated October 20, 2011 N 732, subparagraph 1 of paragraph 121 of this appendix was supplemented with subparagraph “g”

g) when holding an auction in accordance with Resolution No. 333, a document containing information about the share of the Russian Federation, a constituent entity of the Russian Federation or a municipal entity in the authorized capital of a legal entity (register of share owners or an extract from it or certified by the seal of the legal entity (if there is a seal) and a letter signed by his supervisor);

2) proposals on the conditions for performing work that must be performed in relation to state or municipal property, the rights to which are transferred under the contract, as well as on the quality, quantitative, technical characteristics of goods (work, services), the supply (performance, provision) of which occurs with use of such property. In cases provided for by the auction documentation, also copies of documents confirming the compliance of goods (work, services) with the established requirements, if such requirements are established by the legislation of the Russian Federation;

3) documents or copies of documents confirming the payment of a deposit, if the auction documentation contains a requirement for a deposit (payment order confirming the transfer of the deposit).

122. It is not allowed to require anything else from the applicant, with the exception of documents and information provided for in paragraph 121 of these Rules.

123. Upon receipt of an application for participation in an auction submitted in the form of an electronic document, the auction organizer or specialized organization must confirm in writing or in the form of an electronic document its receipt within one business day from the date of receipt of such application.

124. The applicant has the right to submit only one application for each auction item (lot).

125. Acceptance of applications for participation in the auction ceases on the day specified in the notice of the auction for consideration of applications for participation in the auction immediately before the start of consideration of applications.

126. Each application for participation in an auction received within the period specified in the notice of the auction is registered by the auction organizer or a specialized organization. At the request of the applicant, the auction organizer or a specialized organization issues a receipt of such application indicating the date and time of its receipt.

127. Applications received after the deadline for accepting applications for participation in the auction are not considered and are returned to the relevant applicants on the same day. If a requirement for a deposit has been established, the auction organizer is obliged to return the deposit to the specified applicants within five working days from the date of signing the auction protocol.

128. The applicant has the right to withdraw the application at any time before the established date and time for the start of consideration of applications for participation in the auction. If a requirement for a deposit has been established, the auction organizer is obliged to return the deposit to the specified applicant within five working days from the date the auction organizer receives a notice of withdrawal of the application for participation in the auction.

129. If, after the deadline for submitting applications for participation in the auction, only one application is submitted or no applications are submitted, the auction is considered invalid. If the auction documentation provides for two or more lots, the auction is considered invalid only for those lots for which only one application was submitted or no application was submitted.

XIX. The procedure for considering applications for participation in the auction

130. The auction commission reviews applications for participation in the auction for compliance with the requirements established by the auction documentation and the applicants’ compliance with the requirements established by paragraph 18 of these Rules.

131. The period for consideration of applications for participation in the auction cannot exceed ten days from the deadline for filing applications.

132. If it is established that one applicant has submitted two or more applications for participation in the auction in relation to the same lot, provided that the previously submitted applications by such applicant have not been withdrawn, all applications for participation in the auction of such applicant submitted in relation to this lot , are not considered and are returned to such applicant.

133. Based on the results of consideration of applications for participation in the auction, the auction commission makes a decision on admitting the applicant to participate in the auction and recognizing the applicant as an auction participant or refusing to admit such an applicant to participate in the auction in the manner and on the grounds provided for in paragraphs 24-26 of these Rules, which is documented in a protocol for considering applications for participation in the auction. The minutes are kept by the auction commission and signed by all members of the auction commission present at the meeting on the day the consideration of applications ends. The protocol must contain information about the applicants, the decision to admit the applicant to participate in the auction and recognize him as an auction participant or to refuse admission to participate in the auction, with the justification for such a decision and indicating the provisions of these Rules that the applicant does not comply with, the provisions of the auction documentation, which his application for participation in the auction does not comply with, the provisions of such an application that do not comply with the requirements of the auction documentation. The specified protocol on the day the consideration of applications for participation in the auction ends is posted by the auction organizer or a specialized organization on the official auction website. Applicants are sent notifications of decisions made by the auction commission no later than the day following the day of signing the specified protocol. If, after the deadline for submitting applications for participation in the auction, only one application has been submitted or no applications have been submitted, information on declaring the auction invalid is entered into the specified protocol.

134. If the auction documentation established a requirement for a deposit, the auction organizer is obliged to return the deposit to the applicant not allowed to participate in the auction within five working days from the date of signing the protocol for consideration of applications.

135. If a decision is made to refuse admission to all applicants to participate in the auction or to recognize only one applicant as a participant in the auction, the auction is declared invalid. If the auction documentation provides for two or more lots, the auction is considered invalid only in relation to that lot in which the decision to refuse admission to participation in which was made regarding all applicants, or the decision on admission to participation in which and recognition as an auction participant was made regarding only one applicant.

XX. Auction procedure

136. Only applicants recognized as participants in the auction can participate in the auction. The auction organizer is obliged to provide auction participants with the opportunity to take part in the auction directly or through their representatives.

137. The auction is conducted by the auction organizer in the presence of members of the auction commission and auction participants (their representatives).

138. The auction is held by increasing the initial (minimum) contract price (lot price) specified in the notice of the auction by the “auction step”.

139. The “auction step” is set at five percent of the initial (minimum) contract price (lot price) specified in the notice of the auction. If, after the last offer on the contract price has been announced three times, none of the auction participants has declared their intention to offer more high price contract, the auctioneer is obliged to reduce the “auction step” by 0.5 percent of the initial (minimum) contract price (lot price), but not lower than 0.5 percent of the initial (minimum) contract price (lot price).

140. The auctioneer is selected from among the members of the auction commission by open voting of the members of the auction commission by a majority vote.

141. The auction is held in the following order:

1) the auction commission immediately before the start of the auction registers the auction participants (their representatives) who have appeared at the auction. In the event of an auction for several lots, the auction commission, before the start of each lot, registers the auction participants who came to the auction and submitted applications for such a lot (their representatives). Upon registration, auction participants (their representatives) are given numbered cards (hereinafter referred to as cards);

2) the auction begins with the auctioneer announcing the start of the auction (lot), the lot number (in the case of an auction for several lots), the subject of the contract, the initial (minimum) price of the contract (lot), the “auction step”, after which the auctioneer offers auction participants submit your proposals on the contract price;

3) the auction participant, after the auctioneer announces the initial (minimum) contract price (lot price) and the contract price increased in accordance with the “auction step” in the manner established by paragraph 139 of these Rules, raises the card if he agrees to conclude the contract at the announced price ;

4) the auctioneer announces the card number of the auction participant who was the first to raise the card after the auctioneer announced the initial (minimum) contract price (lot price) and the contract price increased in accordance with the “auction step”, and also new price contract, increased in accordance with the “auction step” in the manner established by paragraph 139 of these Rules, and the “auction step”, in accordance with which the price is increased;

5) if, after the auctioneer announced the contract price three times, not a single auction participant raised a card, the auction participant who properly fulfilled his duties under a previously concluded agreement in relation to the property, the rights to which are transferred under the agreement, and who notified the auction organizer in writing of his desire to conclude an agreement ( hereinafter referred to as the current copyright holder), has the right to declare his desire to conclude an agreement at the contract price announced by the auctioneer;

6) if the current copyright holder exercised the right provided for in subparagraph 5 of paragraph 141 of these Rules, the auctioneer again invites auction participants to submit their proposals for the contract price, after which, if such proposals were made and after the auctioneer announced the contract price three times, no auction participant raised the card, the current copyright holder has the right to again declare his desire to conclude an agreement at the contract price announced by the auctioneer;

7) the auction is considered over if, after the auctioneer has announced the last offer for the contract price three times or after the current copyright holder has declared his desire to conclude a contract at the contract price announced by the auctioneer, not a single auction participant has raised a card. In this case, the auctioneer announces the end of the auction (lot), the last and penultimate offer for the contract price, the card number and name of the auction winner and the auction participant who made the penultimate offer for the contract price.

142. The winner of the auction is the person who offered the highest contract price, or the current copyright holder if he has declared his desire to conclude a contract at the highest contract price announced by the auctioneer. When holding auctions in accordance with Resolution No. 333, the winner is the person who offered the highest contract price.

143. When holding an auction, the auction organizer must make an audio or video recording of the auction and keep a protocol of the auction, which must contain information about the place, date and time of the auction, about the auction participants, about the initial (minimum) price of the contract (lot price) , the last and penultimate proposals on the contract price, name and location (for a legal entity), surname, first name, patronymic, place of residence (for an individual) of the auction winner and the participant who made the penultimate proposal on the contract price. The protocol is signed by all members of the auction commission present on the day of the auction. The protocol is drawn up in two copies, one of which remains with the auction organizer. The auction organizer, within three working days from the date of signing the protocol, provides the auction winner with one copy of the protocol and a draft agreement, which is drawn up by including the contract price proposed by the auction winner in the draft agreement attached to the auction documentation.

144. The auction protocol is posted on the official auction website by the auction organizer or a specialized organization during the day following the day of signing the said protocol.

145. Any auction participant has the right to audio and/or video record the auction.

146. Any auction participant, after posting the auction protocol, has the right to send to the auction organizer in writing, including in the form of an electronic document, a request for clarification of the auction results. The auction organizer, within two working days from the date of receipt of such a request, is obliged to provide such auction participant with appropriate explanations in writing or in the form of an electronic document.

147. If a requirement for a deposit has been established, the auction organizer, within five working days from the date of signing the auction protocol, is obliged to return the deposit to auction participants who participated in the auction but did not become winners, with the exception of the auction participant who made the penultimate offer for contract price. The deposit made by the auction participant who made the penultimate offer on the contract price is returned to such auction participant within five working days from the date of signing the contract with the auction winner or with such auction participant. If one auction participant is both an auction winner and an auction participant who made the penultimate offer on the contract price, if the specified auction participant evades concluding a contract as an auction winner, the deposit made by such participant is not returned.

148. If one participant participated in the auction, or if, due to the lack of proposals for the contract price, providing for a higher contract price than the initial (minimum) contract price (lot price), the “auction step” is reduced in accordance with by paragraph 139 of these Rules up to the minimum size and after three times the proposal on the initial (minimum) contract price (lot price) has been announced, not a single proposal on the contract price has been received that would provide for a higher contract price, the auction is considered invalid. If the auction documentation provides for two or more lots, the decision to declare the auction invalid is made for each lot separately.

149. Protocols drawn up during the auction, applications for participation in the auction, auction documentation, changes made to the auction documentation, and explanations of the auction documentation, as well as audio or video recordings of the auction are stored by the auction organizer for at least three years.

XXI. Conclusion of an agreement based on the results of the auction

150. The conclusion of an agreement based on the results of the auction is carried out in the manner established by paragraphs 92 - 100 of these Rules.

XXII. Consequences of declaring an auction invalid

151. If the auction is declared invalid due to the filing of a single application for participation in the auction or recognition of only one applicant as an auction participant, with the person who submitted the only application for participation in the auction, if the said application meets the requirements and conditions provided for by the documentation auction, as well as with a person recognized as the only participant in the auction, the auction organizer is obliged to conclude an agreement on the terms and at the price that are provided for in the application for participation in the auction and the auction documentation, but at a price not less than the initial (minimum) price of the agreement (lot), specified in the notice of the auction.

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

Features of legislation

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

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

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

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

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

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

Advantages of renting from the city

Renting premises from the city administration has the following advantages:

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

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

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

The following can be rented from the city administration:

• administrative building;
• stock;
• office space.

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

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

Where to find properties for rent?

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

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

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

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

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

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

Termination of the contract by the administration

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

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

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

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

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