Results of tenders rent of non-residential premises. How to hold an auction for the right to conclude lease agreements (gratuitous use, trust management) in relation to state (municipal) property

We often offer you a variety of properties for rent and ownership, all of which are played out in electronic auctions. Today we would like to tell you in more detail about the technology of conducting such trades and the sites on which they are held.

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

How is the bidding procedure carried out?

It is required to register on the electronic platform, then submit an application for participation (please note that in our proposals we always indicate the deadline for accepting applications for participation). The last step is to conduct an electronic auction directly, with the subsequent receipt of a protocol on the results.

At the registration stage, the key points will be:

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

The platform operator controls the course of trading.

And now, we will directly list those electronic sites where open auctions in electronic form are most often held for the purchase / sale and lease of real estate from the property treasury of the city of Moscow:

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

Each individual entrepreneur of small (medium) business has the opportunity to conclude a contractual agreement with a municipal body of the Russian Federation for the lease of premises. The lease of municipal property, state property has some peculiarities. A number of restrictions apply when concluding such a lease.

The conclusion of an agreement can be made in accordance with the Federal Law () in two ways:

• based on the results of the auction for the right to execute the lease agreement of municipal property assets;
• without organizing trades.

What types of property, the leasing of which is not allowed by a state institution or is limited, the specifics of the procedure for concluding a lease agreement of municipal property (state property) are explained by the FAS notice No.TSA / 16309/14.

In this article

Rules, exceptions

The rules for drawing up contractual agreements for the lease of state property are established by Federal Law No. 135 (Article No. 17/1). According to this provision, autonomous municipal organizations, state institutions have the right to lease real estate, which is listed as operational management, only following the results of auctions for the right to sign lease agreements of this type. At the same time, Federal Law No. 135 (Article No. 17/1) provides for exceptions that simultaneously apply to AU.

Without auctions, municipal organizations can lease real estate in the following situations:

• the agreement is concluded for a period of less than 30 days of the calendar during the 6 extreme months of the calendar;
• other municipal organization, state institution, non-profit structure (also socially oriented), medical institution, structure engaged in activities in the field of education apply for signing a lease agreement;
• the transferred immovable property subject to taxation is considered to be a part of the area of \u200b\u200bless than 20 m 2, and the person transferring the corresponding immovable assets has the rights to 10 percent of the area of \u200b\u200bthis building (premises);
• the contractual agreement is signed with a special one, who alone submitted an application for competitive participation, for the auction (in this case, if this person meets the established standards), which is the only participant in the auction.

The obligation to sign a lease agreement to an autonomous state organization arises only in the last of the listed cases (an agreement with a single participant in an organized auction, tender). In other situations, when the lease of property is provided without auctions, the rightholder is not obliged to sign a contractual agreement, the applicant does not have the right to put forward claims for such areas.

The organization of an auction for the rental of real estate is allowed in relation to the preferential applicants. If there are more than one such subjects for one immovable state object, then the autonomous state institution has the right to refuse to rent real estate on preferential terms and organizes tenders between them. This, in the opinion of the anti-monopoly organization, is not a violation of the interests of the applicants of this category.

But caution when deciding to organize auctions for the lease of AU property values \u200b\u200bassigned to them as operational management should be shown as the owners of this property. By agreeing to lease housing, a certain area of \u200b\u200bthe organization, the founder must be guided by the requirements of Federal Law No. 135/2.

Signing contractual agreements for the lease of state property without organizing auctions

The law provides for several exceptions, when an autonomous state institution has the right to lease space without auctions.

Lessee - educational, medical institution

What educational, medical organizations (budgetary institutions) are specifically meant is indicated in the explanations of the FAS (Chapter 5-6). In this situation, it is necessary to be guided by the provisions of the legislation of industry activities.

According to the Federal Law (Article No. 2/11), medical institutions include legal entities, regardless of the organizational and legal form used, whose business is primarily associated with the field of medicine, provided that there is an appropriate license. Also, medical organizations are individual entrepreneurs (IP) whose activities are related to medicine.

A short-term lease agreement for real estate not signed as a result of auctions cannot be extended for a new period without organizing an auction. In this case, the established rule applies, which limits the period of validity of this agreement for the lease of premises.

Educational (budgetary) institutions are structures whose main activities are related to the field of education, as well as institutions directly involved in training. According to Federal Law No. 273 (), such organizations additionally include individual entrepreneurs engaged in educational activities.

Result: legal entities, individual entrepreneurs, whose main activity is related to the field of education or medicine, but with the appropriate licenses, have the opportunity to rent the area of \u200b\u200ban immovable object of an autonomous municipal organization (state institution) without participating in auctions.

Short term rent

According to Federal Law No. 135 (Article No. 17.1 / 11/1), municipal organizations and state institutions are allowed to lease real estate for a short period without organizing tenders or auctions. At the same time, it is prohibited to provide such a service to one person for more than 30 days of the calendar, for 6 months, going in a row without organizing auctions, competitions.

But according to the Russian State Code (article 610/3), an agreement for the lease of municipal property (state property), signed for a period exceeding the maximum possible period determined by the current legislation, is considered to be completed for a deadline.

This means that lease agreements for property values \u200b\u200bassigned to the municipality (the Russian state) and signed for a short-term period without an auction are not extended (Federal Law No. 135 (Article No. 17.1 / 9), Civil Code ()). A similar position is in the Explanations of the FAS (Chapter 10).

Rent of part of the area of \u200b\u200bthe premises

It has already been noted that it is possible to lease part of the area of \u200b\u200ba building (apartment) without a preliminary auction, but subject to the following requirements:

• the leased area should not be more than 20 m 2 and 10 percent of the area of \u200b\u200bthe property to which it belongs.

• when establishing such a share, it is not necessary to take into account the area of \u200b\u200ban immovable object, the right of use, the ownership of which was transferred before the entry into force of Federal Law No. 135 (Article No. 17.1), on the basis of other exceptions determined by Federal Law No. 135 (Article No. 17.1), based on the results bidding.

Tenant - contractor of the institution

It is necessary to separately note such an exception to the rules for leasing municipal real estate (state property), which does not apply to AU (at least to autonomous state institutions that carry out purchases, relying on Federal Law No. 223). In this case, we mean the signing, without bidding, of a lease agreement with a person who entered into a contract with a municipal (state) organization based on the results of an auction (on a competitive basis) organized in accordance with Federal Law No. 44. At the same time, the granted rights were provided for by a documented tender (tender) in order to fulfill the obligations of this contract (Federal Law No. 135, article No. 17.1 / 10/1).

According to the FAS Explanations (Chapter 9), civil agreements executed within the framework of Federal Law No. 223 are not considered municipal (state) agreements. In this regard, the provisions of Federal Law No. 135 (Article No. 17.1 / 1/10) do not apply to such cases. That is, when an autonomous state institution, referring to the provisions of Federal Law No. 223, incurred expenses for the purchase of certain works or services, the execution or provision of which requires the presence of a contractor on the premises (for example, a theater purchased repair services, sewing stage costumes), lease the corresponding areas are possible exclusively at organized auctions.

Important! In such situations, as described above, the purchase of services, the auction for the right to draw up a lease agreement are two independent processes.

Prolongation of the contract

Existing lease agreements for municipal real estate (state property), property values \u200b\u200btransferred to the state agency for operational management in accordance with Federal Law No. 135 (article No. 17.1 / 9-11) are subject to renewal. In the event that an individual has fulfilled his own obligations under this agreement properly, a contract is signed for a new period without organizing an auction (unless the contractual agreement provides otherwise and the period of validity of such a contract is not limited by the provisions of the current Russian legislation).

In this situation, two prerequisites must be met:

• the minimum period for renewal of the lease agreement must be from 3 years (a shorter period is possible, but only when the tenant writes a corresponding application);
• the amount of the fee, on the basis of which the income for renting premises is recorded, is determined based on the results of real estate appraisal in accordance with market prices.

If all the conditions are met, the lessor, represented by an autonomous state institution, according to Federal Law No. 135 (Article No. 17.1 / 10), has no right to refuse to extend the contractual agreement to the tenant.

Refusal is possible if the individual has debts at the time of the completion of the lease contract or if there is a decision to dispose of the relevant real estate in another manner.

Based on this, the antimonopoly organization made the following conclusions:

• Tsince there is an opportunity for the tenant not to provide the renewal of the lease agreement on the basis of a new decision on the procedure for disposing of the real estate, the landlord must obtain consent from the owner of the respective real estate to renew the lease contract.
• Posting the renewal of the lease agreement in accordance with Federal Law No. 135 (Article No. 17.1 / 9) can be performed an unlimited number of times according to similar grounds. At the same time, it is important to comply with the requirements for each new prolongation of the document.

Sublease

According to Federal Law No. 135 (Article No. 17.1 / 1/16), it is possible to sublet municipal property (state property) without an auction in such cases:

• the right to sign a lease agreement is granted to the lessee on the basis of a municipal (state) agreement;
• the state institution entered into a lease contract following the auction results, based on the failed auction.

If these requirements are met, real estate of any area can be subleased (Federal Law No. 135 in this plan does not provide for any restrictions). In the opposite situation, the corresponding areas are provided for sublease on a general basis, determined by Federal Law No. 135 (Article No. 17.1) with the organization of an auction, without it, but with other exceptions.

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 the auction, entrepreneurs can get premises at a rate lower than the average market rate, and subsequently buy them out on favorable terms. Smart Choice experts tell you how to rent premises near 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 a suitable object... They are presented on the mos.ru website. Pay attention to the key lot information: the date of the auction, the lease term, the starting amount of the rent.
• Inspect the property... An application for inspection can be submitted up to a period of several days before the end of the acceptance of applications for participation in the auction. How to rent a premise near the city and be sure that the object suits you perfectly? Visit him yourself or entrust the examination to a specialist. A thorough examination, including checking the condition of repairs, communications, assessing transport accessibility, infrastructure, etc., will help avoid problems with the operation of the property in the future.
• Register on the site that will conduct the auction. Today they are all produced electronically. To register, you will need to provide constituent documents and a digital signature, install several certificates and a data encryption system.
• Collect a package of documents... You will need an extract from the Unified State Register of Legal Entities or USRIP (it must be received no earlier than 6 weeks before the start of the auction), copies of constituent papers, a decision to approve the transaction, a document confirming the powers of the person submitting the application. You also need to attach a statement in which the entrepreneur confirms: a bankruptcy or liquidation case has not been opened against the company, and its activities have not been suspended.
• Pay the deposit. Study the lot documentation to find out how to rent premises from the city and how much you need to transfer in order 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 trading rules on the website or in the lot documentation. If you are the only participant in the auction, you will automatically be declared the winner.
• Sign the minutes of the auction results. As a rule, it is published on the same day that the auction was held. Within 10-20 days after the auction, you must contact the DGI to conclude a contract.
• Pay the initial amount and sign the contract. You can then 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). Take this into account when learning how to get a room for rent from the city: later the room will cost more. However, the City Property Department has no right to change the rate unilaterally.

How to rent a room near the city of Moscow? Analyzing lot documentation

The best way to learn how to rent a space from a city is to study the lot documentation. Here you will find all the key information for making decisions and planning actions at the auction. The document indicates:

• detailed description non-residential object indicating the number in the USRN, purpose, address, area, etc .;
• term of the contract;
• the initial price at which the bets start;
• deposit for participation in the auction;
• the amount that the winner of the auction will have to pay and the timing of payment;
• minimum auction step;
• documents for participation;
• start and end date 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: Moscow has several programs to help entrepreneurs. For example, property support is provided for small businesses that work in the field of health care, social nutrition, education, consumer services, etc. To understand if 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 paperwork.

Pitfalls when renting municipal property

Before you learn how to get a property to rent from the city and bid, you need to make sure that you are ready for an auction. There are several complications:

• It is necessary to track new offers. In order not to miss out on a profitable lot, you need to regularly follow the DGI offers. In addition, you will have to spend time looking at the property.
• The registration process at the auction site can 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 have time to become a bidder before the start. It is especially important to start preparing in advance if your company does not yet have an electronic signature. In order not to deal with the rules of the auction and not waste time on self-registration, you can use the help of Smart Choice lawyers.
• The winner must conclude a contract within a short time and, most importantly, make a payment... As a rule, the initial payment is 25% of the minimum contract amount. Considering that the auctions are conducted not for a monthly, but for an annual rental rate, the amount will turn out to be significant. The terms of its transfer to the DGI account are short - up to 3 days. If the winner of the auction 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 property near the city no problem?

Smart Choice offers services to entrepreneurs looking to acquire urban real estate on attractive terms. We provide a wide range of services:

• Selection of an object according to customer requirements among the proposals of the DGI, monitoring of new proposals.
• Inspection of real estate, evaluation of the benefits of the offer, calculation of the approximate market value of the object.
• Consultations on the possibility of participating in government programs.
• Registration of the client on the platform for trading.
• Collecting a package of documents, making a deposit.
• Working out a strategy for participating in the auction, calculating the maximum amount that makes sense to pay for the premises.
• Participating in an auction on your behalf.
• Signing the protocol, transferring the initial amount to the DGI account, signing the contract.
• Assessment of the possibility of real estate redemption, submission of documents to the DGI.
• Analysis of the real estate purchase agreement, independent appraisal.
• Contesting the value of real estate in court.
• Conclusion of an agreement on the purchase of rented 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 a premise that is ideal for your business near the city with the possibility of subsequent purchase in Moscow or the Moscow region, making sure that the conditions are the most favorable.