Documents for the lease of municipal real estate bid auction. How to rent a room from the city

How to hold an auction for the right to conclude lease agreements (gratuitous use, trust management) in relation to state (municipal) property

Head of the Budget Control and Audit Methodology Department of the Budget Policy and Methodology Department of the Ministry of Finance of Russia

One of the methods of bidding for the right to conclude lease agreements (gratuitous use, trust management) property and other agreements providing for the transfer of rights in relation to state (municipal) property is an auction.

Chief Accountant advises

Bidding for the right to conclude contracts in respect of state (municipal) property can be started before the expiration date current contract lease (gratuitous use, trust management).

In this case, the new contract shall enter into force upon the expiration of the term of the contract in force at the time of the auction. That is, by the time the contract concluded as a result of the auction comes into force, state (municipal) property must be free from the rights of third parties (except for cases when it is enshrined in the right of operational management).

This is stated in paragraph 8 of the clarifications of the FAS Russia dated November 1, 2011.

The rules for holding bidding in the form of an auction are established by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010 (Part 5 Article 17.1 of the Law No. 135-FZ dated July 26, 2006). They do not apply to land and forest plots, water bodies, subsoil plots, as well as to property transferred under concession agreements (part 2 of article 17.1 of the Law of July 26, 2006 No. 135-FZ).

Some provisions on holding tenders and concluding contracts in respect of state and municipal property are set out in the clarifications of the FAS Russia dated November 1, 2011.

Attention!

Non-compliance with the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67 is recognized as a violation. Such a violation is the basis for the court to recognize the auctions and transactions concluded as a result of them as invalid (including at the suit of the antimonopoly authority) (part 4 of article 17 of the Law of July 26, 2006 No. 135-FZ, articles 168, 449 Civil Code of the Russian Federation, letter of the Ministry of Economic Development of Russia dated January 21, 2011 No. D05-171).

The auction must be held in respect of property that is not included in the list approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010. Bidding for property included in the specified list should be carried out through a tender. Such a conclusion follows from the provisions of paragraph 3 of the Rules approved by Order No. 67 of the FAS of Russia dated February 10, 2010. At the same time, by the decision of the organizer, bidding for the right to conclude contracts in respect of property, for which contracts can be concluded only through a tender, can be held in auction form. This is stated in paragraph 18 of the clarifications of the FAS Russia dated November 1, 2011, the letter of the FAS Russia dated March 17, 2010 No. АЦ/7021.

An auction does not need to be held when granting rights in relation to state (municipal) property, in particular:

state bodies, local governments, state non-budgetary funds; Bank of Russia; state (municipal) institutions; educational institutions, regardless of their organizational and legal forms; medical institutions of the private healthcare system; to accommodate communication networks, postal facilities; for a period not exceeding 30 calendar days within six consecutive calendar months; citizens who are not individual entrepreneurs; non-profit organizations that do not carry out income-generating activities; which is a part (parts) of the premises (buildings, structures, structures), if the total area of the transferred property is not more than 20 sq. m and does not exceed 10 percent of the area of the premises (buildings, structures, structures), the rights to which belong to the institution transferring such property.

Also, an auction does not need to be held when granting rights in relation to state (municipal) property:

the person who submitted a single application for participation in the auction. But only on condition that the specified application complies with the requirements and conditions stipulated by the auction documentation; the person recognized as the sole participant of the auction. Conclude the contract on the terms and at the price stipulated by the application for participation in the auction and the auction documentation. In this case, the price should not be less than the initial (minimum) price of the contract (lot) indicated in the notice of the auction.

At the same time, for the organizer of the auction, the conclusion of contracts in these two cases is mandatory.

A complete list of conditions under which it is not necessary to hold an auction is specified in Part 1 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ and explained in the letter of the FAS Russia of March 17, 2010 No. АЦ/7021.

In addition, educational institutions of higher professional education, state scientific institutions should not hold an auction when concluding lease agreements for state (municipal) property, while simultaneously observing the following requirements:

tenants are business companies established by the said institutions; the activity of tenants consists in the practical application (implementation) of the results of intellectual activity (computer programs, databases, inventions, etc.), the right to use which is made as a contribution to their authorized capital; lease agreements establish a ban on the sublease, gratuitous use of this property, a ban on the pledge of lease rights.

The procedure and conditions for concluding lease agreements without bidding were approved by Decree of the Government of the Russian Federation of August 12, 2011 No. 677.

This is stated in part 3.1 of article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraph 20 of the clarifications of the FAS Russia of November 1, 2011.

The auction is open in terms of the composition of participants and the form of submission of the proposal (clause 2 of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67).

The process of bidding by holding an auction can be divided into several stages:

preparation for the auction; consideration of applications for participation in the auction; conducting auctions.

Preparation for the auction

The decision to hold an auction is made by the organizer of the auction.

If the auction is held in relation to the property of the treasury, the organizer of the auction is the owner of the property. At the same time, on behalf of the owner, the following acts:

federal executive body (executive body of a constituent entity of the Russian Federation, local self-government body), which is entrusted with the functions of property management; federal executive body (executive body of a constituent entity of the Russian Federation, local self-government body), which is entrusted with the functions of organizing and holding competitions and auctions; another person who has the rights of possession and (or) use of this property.

If an auction is held in respect of property assigned to a state (municipal) institution on the right of operational management, the organizer of the auction is:

state (municipal) institution that has the rights of operational management of this property; another organization that has the rights of possession and (or) use of this property.

This procedure is established by paragraph 4 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

To conduct an auction, an auction commission is created (clause 8 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67).

The organizer of the auction must publish a notice of its holding on the official website of the auction www. ***** (Decree of the Government of the Russian Federation of September 28, 2010 No. 767). This must be done at least 20 days before the deadline for submitting applications for participation in the auction. In addition, if desired, the organizer may publish such a notice in the media (media). However, such publication does not replace the publication on the site. This is stated in parts 5.1, 6 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraph 104 of the Rules approved by Order of the FAS Russia of February 10, 2010 No. 67, paragraph 19 of the clarifications of the FAS Russia of November 1, 2011.

Attention!

Part 5.1 of Article 17.1 of Law No. 135-FZ of July 26, 2006 (introduced by Law No. 401-FZ of December 6, 2011) establishes that a notice of an auction must be published at least 20 days before the deadline for filing applications to participate in the auction. However, no similar amendments were made to Order No. 67 of February 10, 2010 of the FAS Russia (which approved the rules for holding auctions in the form of an auction).

Clause 103 of the Rules, approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010, states that a notice of an auction must be published at least 30 days before the specified date. Despite the fact that the Law takes precedence over other regulations (Clause 7, Article 3 of the Civil Code of the Russian Federation), in order to avoid possible disagreements with inspectors, continue (until this discrepancy is eliminated) to post a notice at least 30 days before the deadline for filing applications to participate in the auction. This option allows you to meet the requirements established by both the Law and the order of the FAS Russia.

Attention!

Non-posting of information about the auction for the right to conclude contracts on the official website of the auction (www. *****) is recognized as a violation of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67 (clause 19 of the clarifications of the FAS Russia dated November 1, 2011 ., letter of the Treasury of Russia dated July 14, 2010 No. IA / 22275).

The notice of the auction must contain, in particular:

specifications

A complete list of data that must be included in the published notice is contained in paragraph 105 of the Rules approved by Order No. 67 of February 10, 2010 of the Federal Antimonopoly Service of Russia.

Situation: how to determine the initial (minimum) contract price (lot price) for the purposes of bidding for the right to conclude lease agreements (gratuitous use, trust management) in relation to state (municipal) property

The initial (minimum) contract price (lot price) is determined by the auction organizer. Information on the initial (minimum) price of the contract (price of the lot) in the notice of the auction (tender) shall be indicated by the auction organizer in the amount of:

or a monthly (annual) payment for the right to own or use property (i.e., in the amount of rent); or payment for the right to conclude an agreement on the gratuitous use of property.

Thus, the procedure is established by paragraphs 5, 31 and 105 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

At the same time, the procedure for determining the amount of the above payments is not established by the Rules approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010. Therefore, the organizer of the auction must independently determine the initial (minimum) price of the contract (price of the lot), taking into account the norms of the legislation governing valuation activities (in particular, the Law of July 29, 1998 No. 135-FZ). This is stated in paragraph 11 of the clarifications of the FAS Russia dated November 1, 2011.

So, when involving in a transaction property owned in whole or in part by Russia, constituent entities of the Russian Federation or municipalities, an independent assessment is mandatory. Therefore, the organizer of the auction must involve an appraiser and determine the initial (maximum) price of the contract (lot) based on the appraisal report. An exception is established only in relation to the property of state (municipal) institutions, which they have the right to dispose of without the consent of the owner. When bidding for this property, the organizer of the bidding can determine the price independently (both based on the results of the valuation, and without it). This follows from the provisions of Article 8 of the Law of July 29, 1998 No. 135-FZ.

If the auction is declared invalid and the organizer conducts a new auction, the initial (minimum) price of the contract (lot) can be changed. At the same time, in relation to property owned in whole or in part by Russia, subjects of the Russian Federation or municipalities, it should not be lower than the value determined on the basis of the valuation report. This opinion is shared by the Ministry of Economic Development of Russia in a letter dated December 7, 2011 No. D08-4971.

Simultaneously with the publication of the notice, the auction documentation is posted on the official website along with the draft agreement (clauses 115, 117, 43 of the Rules approved by Order No. 67 of the FAS of Russia dated February 10, 2010).

In addition to the information contained in the notice of the auction, the auction documentation must contain complete information about the auction and the lot. At the same time, it should not contradict the information specified in the notice (clause 116 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). In particular, the documentation must contain:

the procedure, place, start date, date and time of the deadline for filing applications for participation in the auction; instructions for filling out an application for participation in the auction, methods of its submission and opening (including applications in the form of an electronic document signed with an electronic signature) (clause 7 of the clarifications of the FAS Russia dated November 1, 2011); the amount of security for the performance of the contract, the term and procedure for its submission (if the organizer has established a requirement to secure the performance of the contract). At the same time, the amount and procedure for providing security for the performance of the contract is established by the organizer independently (clause 9 of the clarifications of the FAS Russia dated November 1, 2011); the procedure and term for withdrawing bids for participation in the auction; auction step; the procedure for revising the price of the contract (price of the lot) upwards, as well as an indication that the price of the concluded contract cannot be revised downwards (clause 14 of the clarifications of the FAS Russia dated November 1, 2011); place, date and time of the auction; a copy of the document confirming the consent of the owner of the property (when concluding a sublease agreement, also of the tenant) to grant the relevant rights under the agreement, the right to conclude which is the subject of bidding.

A complete list of information that must be contained in the auction documentation is established by clause 114 of the Rules approved by Order No. 67 of the FAS of Russia dated February 10, 2010. The auction organizer independently develops and approves the auction documentation (clause 5 of the Rules approved by the order of the FAS of Russia dated February 10, 2010 No. 67, paragraph 7 of the clarifications of the FAS Russia dated November 1, 2011).

When developing auction documentation, do not include technologically and functionally unrelated property in one lot. For example, property intended for power supply, heat supply, gas supply, as well as water supply and sanitation. This is stated in paragraph 112 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

There are also a number of conditions that the auction organizer is not entitled to include in the documentation. For example, these are requirements for the business reputation of participants, their production facilities, technological equipment, etc. The list of such information is established by clause 111 of the Rules approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010.

The auction documentation is provided free and free access. The only exception is if, at the request of the applicant, the documentation is submitted to him on paper. It happens like this. The applicant submits a request in writing or electronically. Within two working days after receiving it, the auction organizer sends the requested documentation in the manner specified in the notice. If the notice of the auction provides for the payment of documentation submitted on paper, the auction organizer sends the documents after receiving the payment. In this case, the amount of payment should not exceed the expenses of the organizer for the production of copies of documents and their delivery. In the case of submission of documentation in the form of an electronic document, no fee is charged. This procedure is established by paragraphs 117, 43 and 44 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

Chief Accountant advises

When issuing auction documentation, register the applicants who received it, indicating their postal details. If the auction documentation is changed, these participants will need to send notifications by registered mail (clause 119 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

Any applicant has the right to send a written request to the auction organizer for clarification of the provisions of the auction documentation. If the request was received no later than three business days before the deadline for submission of applications, send the applicant clarifications in writing or electronically. This must be done within two working days from the date of receipt of the request. Requests received less than three days before the application deadline may not be considered.

Within one day from the moment of sending the clarification to the applicant, they must be posted on the official website indicating the subject of the request, but without indicating the organization from which the request was received.

This procedure is established by paragraphs 118, 47 and 48 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

Not later than five days before the deadline for submission of applications, the institution may change the documentation and notice of the auction. Changing the subject of the auction is not allowed.

Within one day from the date of the decision to make changes, they must be posted on the official website. In addition, changes must be sent by registered mail or in the form electronic documents all applicants who were provided with the auction documentation (within two business days from the date of the decision to make changes).

The deadline for submitting bids for participation in the auction must be extended so that from the date of placement of the changes made to the deadline for submitting bids, it is at least 15 days.

This procedure is established by paragraphs 106 and 119 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

Applicants for the right to conclude an agreement submit applications for participation in the auction within the time limits and in the form established by the auction documentation (clause 120 of the Rules approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010).

The application for participation in the auction must contain:

information about the applicant (name, legal form, location, etc.); documents about the applicant (in particular, an extract from the Unified State Register of Legal Entities received no earlier than six months before the day the notice of the auction was posted on the website); proposals on the conditions for the performance of work, which must be performed in relation to the property, the rights to which are transferred under the contract.

A complete list of information and documents that must be reflected (attached) in the application for participation in the auction is given in paragraph 121 of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67.

The organizer of the auction is not entitled to demand any additional information or documents (clause 122 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

When accepting applications, the organizer of the auction registers the date and time of their receipt. At the request of the applicant, he is issued a receipt of receipt of the application (clause 126 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67). If the application was submitted in electronic form, confirmation of its receipt must be sent to the applicant within one working day from the date of receipt of such an application (clause 123 of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67).

Acceptance of applications is terminated on the day of their consideration immediately prior to the start of the consideration procedure (clause 125 of the Rules approved by Order of the FAS Russia dated February 10, 2010 No. 67).

The auction organizer may provide in the notice of the auction the need to make a deposit. Then the applicant for participation in the auction (applicant) must pay a certain amount of money. The size of the deposit is determined by the organizer of the auction. At the same time, it is impossible to establish a requirement for the mandatory conclusion of a separate deposit agreement between the auction organizer and the applicant. This is stated in paragraph 22 and part 12 of paragraph 114 of the Rules, approved by Order of the FAS Russia dated February 10, 2010 No. 67, paragraph 3 of the clarifications of the FAS Russia dated November 1, 2011.

The organizer of the auction returns the deposit to the applicants for participation in the auction (applicants) who did not become winners. There is an exception to this rule: if the participant for whom the conclusion of the contract is mandatory (i.e. the winner; the participant who made the penultimate offer) evades its conclusion, the deposit is not returned.

The auction winner's deposit is credited to him against the fulfillment of obligations under the contract concluded as a result of the auction (but only if such obligations arise within five working days from the date of conclusion of the contract in the amount of such obligations). Only the part of the deposit that exceeds the amount of contractual obligations is returned to the winner.

This is stated in paragraphs 107, 127, 128, 134, 147 of the Rules approved by the order of the FAS Russia dated February 10, 2010 No. 67, paragraph 4 of the clarifications of the FAS Russia dated November 1, 2011, paragraph 4 of Article 448 of the Civil Code of the Russian Federation.

Consideration of applications for participation in the auction

If applications for participation in the auction were not submitted, the auction is recognized as failed (clause 129 of the Rules approved by Order of the FAS Russia No. 67 dated February 10, 2010). In this case, the auction organizer has the right to announce a new auction or tender (clause 151 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

If several applications were submitted, the commission considers them within ten days from the date of the deadline for accepting applications (clause 130 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67). As a result, the commission must decide on the admission of applicants who have submitted applications to participate in the auction. If the application (applicant) does not meet the requirements established by the auction documentation, as well as the conditions specified in paragraphs 24–26 of the Rules approved by Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010, the commission refuses the applicant to participate in the auction. This procedure is provided for by clauses 130–134 of the Rules approved by Order No. 67 of the FAS of Russia dated February 10, 2010. For more information on the requirements for bidders (applicants), see Who can participate in the tender (auction) for the right to conclude lease agreements ( gratuitous use, trust management) in relation to state (municipal) property.

In this case, if the fact of unreliability of the information contained in the documents submitted by the applicant is established, the auction commission must remove such an applicant (participant) at any stage of the auction. Draw up the removal of the applicant in a protocol. In it, indicate the established facts of false information. Place such a protocol on the official website no later than the day following the day the decision to refuse the applicant is made. This is stated in paragraph 26 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

To formalize the results of consideration of applications, the commission prepares a protocol. It should contain:

information about applicants; a decision on their admission to participate in the auction or on refusal to admit them with the rationale for such a decision and an indication of the provisions of Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010 and the provisions of the auction documentation that the applicant and (or) application does not comply with.

The minutes are signed by all members of the auction commission who were present at the meeting and posted on the official website on the day the applications are considered.

Applicants are sent notifications of the decisions taken against them. This must be done no later than the day following the day of signing the protocol.

This procedure is provided for by paragraph 133 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

Bidding

Persons admitted by the commission to participate in the auction participate in it through their representatives or independently (clause 136 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67).

The auctioneer is selected from among the members of the auction commission by open voting by a majority of votes (clause 140 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67). Its functions include conducting auctions.

The bidding process is as follows.

First, the commission registers those participants (their representatives) who came to the auction. If the auction is held for several lots (for the right to conclude several contracts for different property), then the participants are registered separately before the start of each lot. Each registrant is given a numbered card.

The initial (minimum) contract price increases gradually. Each time she goes up one step of the auction. The auction step is 5 percent of the initial (minimum) contract (lot) price. After the increased price is announced, the participants raise their cards, thus indicating that they are ready to conclude an agreement at this price. If, after the auctioneer announces the last bid for the price of the contract three times, none of the participants has declared its intention to offer more than high price, the auctioneer must reduce the auction step by 0.5 percent of the initial (minimum) price of the contract (lot), but not less than 0.5 percent of the initial (minimum) price of the contract (lot). Such an action is performed until the “auction step” decreases to 0.5 percent of the initial (minimum) price of the contract. This is the limit below which the auction step should not fall.

After the price increases by a new lower auction step, the participants raise their cards again. In this case, the auctioneer announces only the number of the participant who raises the card first.

If after the next triple announcement of the price of the contract (lot) not a single card has risen, the auction participant - the current owner of the property, the rights to which are transferred, may declare in writing his desire to conclude a contract at the declared price. After that, the auctioneer again invites the participants to submit their proposals for the price of the contract. If such proposals are made and after the contract price has been announced three times, no participant has raised a card, the current right holder may again declare his desire to conclude the contract at the announced price.

The auction is held until after the next triple announcement of the price or after the statement of the current right holder about the desire to conclude an agreement at the announced price, no bidder has raised a card.

The winner is:

the participant who offered the highest contract price (price for the right to conclude a lease agreement or the highest rent); the current copyright holder, if he has declared his desire to conclude an agreement at the highest price announced by the auctioneer.

In this case, the auctioneer announces not only the winner, but also the participant with the penultimate bid. The fact is that if the participant under the first number refuses to conclude an agreement, the participant under number two will become the winner.

Such a procedure is established by paragraphs 138–142 of the Rules approved by Order No. 67 of the FAS Russia dated February 10, 2010, and is explained in paragraphs 11, 15, 17 of the FAS Russia clarifications dated November 1, 2011.

An example of increasing the step of the auction for the conclusion of a lease agreement for state (municipal) property

The initial price of the lease agreement for state (municipal) property is 100,000 rubles.

The auction step is:
100 000 rub. × 5% = 5,000 rubles.

The auctioneer announces an increased contract price - 105,000 rubles. (1,000,000 rubles + 5,000 rubles). Several participants raised their cards. The auctioneer announced the participant who raised the card first, and the new price - 110,000 rubles. (105,000 rubles + 5,000 rubles). None of the participants raised a card. The auctioneer reduces the auction step by 0.5% of the initial contract price. Consequently, the new step of the auction amounted to 4500 rubles. (5,000 rubles - 100,000 rubles × 0.5%).

The auctioneer announces a new price - 109,500 rubles. (105,000 rubles + 4,500 rubles). Nobody raised a card.

The auctioneer again reduces the auction step by 0.5% of the initial price of the contract: 4000 rubles. (4,500 rubles - 100,000 rubles × 0.5%) and announces a new price - 109,000 rubles. (105,000 rubles + 4,000 rubles). One of the participants held up a card.

The auctioneer announces a new price - 113,000 rubles. (109,000 rubles + 4,000 rubles). After the price was announced three times, no one raised a card.

The auctioneer reduces the auction step by 0.5% of the initial contract price: 3,500 rubles. (40,000 rubles - 100,000 rubles × 0.5%). After the announcement new price(112,500 rubles (109,000 rubles + 3,500 rubles)) no one raised a card.

In a similar manner, the auctioneer reduced the auction step to 500 rubles. This is the minimum size of the auction step (100,000 rubles × 0.5%). After the next triple announcement of the price (109,500 rubles (109,000 rubles + 500 rubles)) not a single card went up. The auction participant - the current owner of the property, the rights to which are being transferred, declared in writing his desire to conclude an agreement at the announced price (109,500 rubles).

The auctioneer invites the participants to submit their proposals for the price of the contract. Since no such offers have been received, the auctioneer ends the auction. He announces the winner (participant - the current owner of the property, who agreed with the declared price of 109,500 rubles) and the participant who made the penultimate offer (109,000 rubles).

If there are no proposals to conclude an agreement at an increased price, and at the same time the auction step has already been lowered to the possible limit, and after the triple announcement of the price no one has raised the card, the auction is recognized as failed (clause 148 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67).

After that, the auction organizer has the right to announce a new auction or tender (clause 151 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67).

During the auction, the organizer must keep an audio or video recording and protocol of the auction. The protocol is signed by all present members of the commission on the day of the auction. During the next day, the protocol must be posted on the official website of the auction.

The protocol must contain the following information:

the place, date and time of the auction; about the auction participants; on the initial (minimum) contract price (lot price); on the last and penultimate proposals for the price of the contract; on the name and location (for a legal entity), last name, first name, patronymic, place of residence (for an individual) of the winner of the auction and the participant who made the penultimate offer on the price of the contract.

The protocol is drawn up in two copies. One remains with the organizer of the auction, the other (together with the draft contract) is transferred to the winner of the auction within three working days from the date of signing the protocol.

This procedure is provided for by paragraphs 143, 144 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. 67.

Based on the results of the auction, a contract is concluded with the winner. Conclude the contract within the period established by the auction documentation, but not earlier than 10 days from the date of posting information about its results on the official website. This procedure is established by part 7 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraphs 96, 150 of the Rules approved by Order of the FAS Russia of February 10, 2010 No. 67.

If the subject of the auction was only the right to conclude a contract, then it must be signed no later than twenty days or another period specified in the notice after the completion of the auction and the execution of the protocol. In this case, the contract may enter into force not from the date of signing, but from the date established by the contract. This is stated in paragraph 10 of the clarifications of the FAS Russia dated November 1, 2011.

It should be taken into account that the essential terms of the contract (for example, the area or purpose of the facility) concluded as a result of the auction cannot be changed either by agreement of the parties or unilaterally (clause 13 of the clarifications of the FAS Russia dated November 1, 2011). At the same time, at the conclusion of the contract (or in the process of its execution), by agreement of the parties, the price of the contract may be increased (in the manner prescribed by the contract) (part 8 of article 17.1 of the Law of July 26, 2006 No. 135-FZ).

Within three years after the auction, its organizer must keep:

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; audio or video recording of the auction.

This requirement is established by paragraph 149 of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67.

Situation: which days - calendar or working - should be taken into account when determining the date, no earlier and no later than which the auction organizer must place a notice of the auction (competition) and the deadline for concluding an agreement. Bidding is held for the right to conclude agreements providing for the transfer of ownership and (or) use rights in relation to state (municipal) property

Determine the duration of the period in calendar days.

As a general rule, a notice of an auction (competition) must be posted on the official website at least 20 days before the deadline for submitting applications for participation in the auction (30 days before the deadline for submitting applications for participation in the competition) (part 5.1 of article 17.1 Law of July 26, 2006 No. 135-FZ, paragraphs 29, 103 of the Rules approved by order of the FAS Russia of February 10, 2010 No. 67).

The contract can be concluded within the period established by the auction documentation, but not earlier than 10 days from the date of posting information about its results on the official website (part 7 of article 17.1 of the Law of July 26, 2006 No. 135-FZ, paragraph 96, 150 of the Rules approved by the order of the FAS Russia dated February 10, 2010 No. 67).

At the same time, neither the order of the FAS Russia dated February 10, 2010 No. 67, nor the Law dated July 26, 2006 No. 135-FZ indicate in which days (working or calendar) the established period should be calculated. However, a number of articles (both the Rules and the Law) clearly state that working days must be taken into account to determine the term (see, for example, paragraphs 33, 44, 123, 134 of the Rules, approved by order of the FAS Russia dated February 10, 2010 No. No. 67, part 10 article 18.1, part 12 article 25.1, part 3 article 25.4 of the Law of July 26, 2006 No. 135-FZ). Based on this, we can conclude that if the period is not set in working days, it must be calculated in calendar days. Thus, when determining the date no later than which a notice of an auction (tender) must be posted, and the date no earlier than which the auction organizer must conclude an agreement, calendar days must be taken into account, since in parts 5.1 and 7 of Article 17.1 of the Law of July 26, 2006 No. 135-FZ and paragraphs 29, 103, 96, 150 of the Rules approved by order of the FAS Russia dated February 10, 2010 No. 67, there is no indication of working days.

This conclusion is also confirmed by the general provisions of the Civil Code of the Russian Federation concerning the procedure for determining the term. The course of a period determined by a period of time begins on the next day after the occurrence of the event that determined its beginning (Article 191 of the Civil Code of the Russian Federation). If the last day of the term falls on a non-working (weekend) day, the expiration day of the term is the working day following it (Article 193 of the Civil Code of the Russian Federation).

Since neither Order No. 67 of the Federal Antimonopoly Service of Russia dated February 10, 2010, nor Law No. 135-FZ dated July 26, 2006 determine the procedure for determining the term, in this situation it is necessary to be guided by the provisions of the Civil Code of the Russian Federation (Article 2 of the Law dated 26 July 2006 No. 135-FZ). Therefore, when determining the date not earlier than which the institution must conclude an agreement, weekends must be taken into account.

In addition, this conclusion is confirmed by the fact that in the previous version of the Rules, approved by the order of the FAS Russia dated February 10, 2010 No. 67, there was an indication of working days (clauses 29, 103 of the Rules approved by the order of the FAS Russia dated February 10, 2010 No. 67).

Prepared on the basis of the materials of the BSS "System Glavbukh"

Any business is aimed at making a profit, and the first rule of making a profit is to minimize the costs of the organization. The rent and maintenance of non-residential premises is often one of the main expenses of an enterprise, and for small and medium-sized businesses in the city of Moscow, the amount of rent is sometimes a matter of survival. Rent of non-residential premises from the city - The best way cost savings in such cases.

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

What are the advantages of renting from the city

It so happened that rent from the city for entrepreneurs is both attractive and inaccessible. The absence of specialized lawyers in the staff who are able to understand all the intricacies, the deliberate bureaucratization of processes, the difficulty of gaining access to electronic auctions - all these are artificial barriers that hide the main advantage of such a lease - a low rental rate and price of an object. The difference between the commercial and city rent for the premises sometimes differs by 4-5 times.

Prices

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

Possibility to buy premises after 2 years special condition must be specified in the contract);
stable rental rate for the entire term of the contract (10 years), the prospect of long-term use of the premises;
long-term contract with the state;
guaranteed advantage in the subsequent extension of the contract.

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

Who can rent premises from the Moscow Property Department

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

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

How to rent non-residential premises profitably

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

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

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

Nuances of participation in tenders for the lease of state property

To participate in the auction, a deposit must be made to a special account. If you do not become the winner of the auction, the deposit is returned within 10 days. In case of your victory and subsequent refusal to conclude a lease agreement, the deposit remains with the organizer of the auction. That is why it is important to review the lease agreement with the city before deciding to participate.

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

If there is no economic benefit from doing business, the tenant has the right to issue a termination of the lease agreement with the Moscow Property Department. The standard condition for termination is notice to the landlord at least 3 months before the expected end of the contract. It is better to find out about the existence of penalties for early termination even before the conclusion of the lease agreement.

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

Our advantages

No advance payment

Compliance with the law

Team of licensed professionals

Individual approach

Democratic prices

Why you need a lawyer

If you decide to participate in an auction for the lease of premises from the city, you need to enlist the support of professional lawyers specializing in the lease of non-residential premises from the Moscow Property Department. Bridges Law Firm offers comprehensive support for bidding and the subsequent conclusion of a lease agreement. To minimize costs, you can use individual services of the company, for example, to study the terms of a future contract or prepare the necessary documentation.

By cooperating with our company, you can significantly save time on preparing, collecting documents and obtaining an EDS. In addition, we will translate the future lease agreement from a legal language into Russian, which will allow you to assess all the risks in its execution in advance, as well as to understand how the proposed terms suit your business.

Our specialists will issue the state registration of the contract as soon as possible long term lease and make sure that all the conditions specified in the contract are observed strictly and in a timely manner by the property department. From the practice of the Mosty company, filing a complaint against the inaction of employees of the property department is sometimes the only effective way speed up the process of concluding a profitable lease agreement after winning the auction.

Are you looking for information about municipal property rental auctions 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 lease premises in Moscow - this is what will allow you to rent a suitable object.

At the same time, GlavUpDK under the Ministry of Foreign Affairs of Russia brings to your attention information about auctions for the lease of federal property - i.e. owned by the state The secret lies in the fact 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 there is an opportunity to rent an object at a lower price. It is also necessary to distinguish between rent federal real estate from the lease of real estate received during the auction for the lease of municipal premises.

The GlavUpDK company under the Ministry of Foreign Affairs of Russia regularly organizes and conducts auctions for the lease of federal real estate transferred to her management on the right of economic management. If you are looking for office space, be sure to visit our website, where you can get acquainted with rental offers and become a participant in the auction - the benefits of signing a lease agreement are quite obvious, because you can conclude an absolutely legal lease agreement that will protect your interests as a tenant.

Auction Rules:

The auction is held in accordance with the current legislation, which obliges Federal State Unitary Enterprises to put up all the premises offered for rent for auction. If only one application is submitted, the auction is declared invalid, and the contract is signed with the potential tenant who submitted the only application at the minimum (starting) rental rate. In the event that several participants apply for the same premises, an auction is held, during which the rates may increase significantly during the auction.

In order to become a participant in the real estate rental auction, you must fill out an application where your data will be indicated, as well as attach constituent documents and a document confirming the 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 need to conclude a lease agreement within 20 days from the date of the auction. In this case, the deposit to the winner of the auction will be returned 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, 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 e-mail indicated on the site.

On December 4, a training seminar for business will be held in commercial real estate"TECHNOLOGIES FOR ANALYSIS and DEVELOPMENT of real estate: geomarketing, brokerage and effective investments in street-retail"
Effective analysis of the current situation and development of the right strategy for the development of commercial real estate!
Prerequisites for learning:
You understand that the percentage of found properties is much less than the percentage of those sold. You want to know how real estate is assessed and managed within the network Retail. How to become the most efficient broker by using area search tools and spending less time working in the "fields". How to learn to refuse illiquid objects in favor of top objects. You are a beginner in the field of commercial real estate, then in one day you will receive working algorithms for evaluating and searching for top properties, with 100% implementation. In this seminar you will learn:
The specifics of the commercial real estate market and how it can help in the development of a retail company. What is the right "investment in the streets": how to analyze and select premises for stores with a payback of 8-9 years. Geomarketing on the example of your city using a city map. What is zonal search and how retailers use it, what are “focal points” or “top location”. How to analyze cannibalization, coverage areas, consumer flows, traffic. Features of work with land plots for commercial real estate. You can get a free consultation on your project. Recommended:
Owners of real estate agencies and consulting in the field of commercial real estate. Professionals involved in working with commercial real estate in the retail business. Brokers with experience and beginners. And also to EVERYBODY for their own development in the direction of geomarketing and real estate brokerage.
Program:
1. The specifics of the commercial real estate market in Russia (distinctive features of the development of various Retail in Russia)
2. Criteria for finding objects (What is a concept? Why is it important?)
3. Working with a map of the city on paper (Determining the structure of the city on the map. Zoning (basic principles of zonal search). Identification of low competitive and highly competitive zones and deciding on a new opening or rotation in highly competitive zones. What is the market capacity, how use the capacity of the market when identifying key locations on the map Coverage areas and cannibalization: a) in what situations is it possible to offer the opening of a “door to door”, both two different formats, and the same network format; b) options for constructing a graph of the dependence of the percentage of cannibalization on distance.)
4. Geomarketing (Working with the program "IS Organica". Analytics of marketing data on objects. Which objects are for which group of goods)
5. How to invest in a street-retail object correctly.
6. Land for a commercial property.
7. Discussion of the found objects (discussion, using theory). Consulting. Second day.
8. Recording of Olga Abramchuk's master class from the 1st International Conference: Real Estate Challenge of the Present.
Workshop author
CHERNYAVSKAYA MARINA Moscow (October 15, 1981) Russian business coach and business consultant in the field of commercial real estate consulting. Author of trainings in the field of real estate, personal growth, negotiations. Founder of the GART Company (2017). Two higher educations: town-planning and psychological. She has led projects in the development of Retail since 2004, in such companies as Castorama, Auchan, Decathlon, Moscow Jewelery Factory, Rigla Pharmacy Chain. As a brokerage project manager, she opened MEGA-Omsk together with the Retail Profile Company. She was engaged in the development of retail in more than 30 cities of Russia. Found and signed more than 20 projects.

Invited speaker at the All-Russian Forum of Purchasing Directors VPROC2019 and the All-Russian Housing Forum in Sochi. Zhilforum
Author of articles in the Media publishing house MarketMedia.ru
The main clients today are: Rigla pharmacy network, Protek group of companies, Genetic Success-England; Laztekhnologii - Moscow; Soyuz Jewelry - Omsk; Institute of Real Estate - St. Petersburg, media portal MarketMedia.ru - St. Petersburg, Group of Companies "Tries Personal" - Omsk, State Institute of Medicines under the Ministry of the Russian Federation - Moscow, Real Estate Agency "ITAKA" - St. Petersburg.
Basic biographical data and achievements.
2003 - Graduated from the Omsk State Agrarian University. Obtaining a specialty in the field of urban planning and urban cadastre.
2004 - Development Director of the Pyaterochka supermarket chain in Omsk. Found and launched 21+ stores. A strategy for the development of this network in the region has been developed.
2005 - opened her own company in the field of commercial real estate and land registration. The company operated successfully until the 2008 crisis. During the existence of transactions were carried out from 20 million rubles +
2009 - together with the American Company Retail Profile Russia and Ikea Moss launched a large-scale project for the opening of the MEGA Omsk shopping center. She was engaged in brokerage and consulting of island trade. More than 15 retail outlets have been opened, 30+ lease agreements have been signed, both with local and federal tenants.
2012 - at the invitation of the French company Decathlon, she moved to Moscow as a territorial development manager. Areas of responsibility for development: Moscow, Moscow Region. 3+ projects have been implemented.
2013 - Castorama Company. Head of territorial network development projects. Development cities: St. Petersburg, Orenburg, Perm, Samara, Saratov, Kirov, Rostov-on-Don. Collection of marketing information about possible locations for the Company.
2015 - Project work with companies such as the Moscow Jewelry Factory, the Verny supermarket chain, the DIY hypermarkets Maksidom.
2016 - Beginning of cooperation with the Auchan Company, as a project manager for the development of a new hypermarket of the network - "Nasha Raduga". Found 22+ land plots, signed 3+ lease agreements. Also this year, Marina makes a radical decision to change the scope of her professional activity and begins her studies at the Moscow Institute of Psychoanalysis.
End of 2017 - Founding of the GART Company. Reads trainings in the field of real estate and business psychology in Moscow, St. Petersburg and other cities of Russia www.psychology.gart.moscow; writes his own column in the media publishing house MarketMedia.ru (https://marketmedia.ru/media-content/seti-ukhodyat-lyudi-ostayutsya/); conducts private consultations; develops a project in the field of short-term business projects www.gart.moscow; writes the book "From A to Z. Development of network retail"; takes part, as an invited expert, trainer in All-Russian forums, round tables, conferences; blogging in in social networks Facebook, https://www.facebook.com/moscow.gart/ Instagram
Contacts: 8 963 994 99 58, [email protected]
The cost of the course is 6,000 rubles.
Members of the Guild of Moscow - 15% DISCOUNT. Use PROMO CODE to get discount. Book a ticket to the seminar!