Preferential rent. How can SMEs obtain premises for rent on preferential terms? How to rent municipal property

Appendix 1. List of cases of establishing rental rates under lease agreements for non-residential premises owned by the city of Moscow on preferential terms Appendix 2. Monthly rental rates for the placement of mobile radiotelephone base station equipment at facilities approved by order of the Moscow Government dated November 29 2012 N 752-RP "On approval of the List of state-owned objects of Moscow for the priority placement of equipment for base stations of mobile radiotelephone communications" Appendix 3. Rental rates for parts of buildings or structures (parking spaces) intended for the placement of vehicles in the property treasury of Moscow, located within the administrative boundaries of Moscow

Decree of the Moscow Government of December 25, 2012 N 809-PP
"On the main directions of rental policy for the provision of non-residential premises owned by the city of Moscow"

With changes and additions from:

October 29, December 23, 2013, June 18, July 1, September 17, November 11, 9, December 24, 2014, February 24, July 15, August 26, 17, December 22, 2015, November 28, 2 , December 22, 2016, March 28, April 19, July 11, December 15, 2017, April 17, December 18, 2018, April 16, July 2, 2019

In order to implement the powers of the subject Russian Federation of the city of Moscow for the management of state property of the city of Moscow and the provision of property support to entities leasing non-residential properties owned by the city of Moscow, in accordance with the requirements of the Federal Law of July 26, 2006 N 135-FZ “On the Protection of Competition” The Moscow Government decides :

1. Approve the list of cases of establishing the rent rate under lease agreements for non-residential premises owned by the city of Moscow on preferential terms (Appendix 1).

Information about changes:

By Decree of the Moscow Government of March 28, 2017 N 123-PP, this resolution was supplemented with paragraph 4(7)

4(7). The amount of the fee established in accordance with Appendix 3 to this resolution applies to existing and newly issued rental agreements for parking spaces with individuals, except individual entrepreneurs who are owners of residential premises in apartment building, where the parking space is located, or in an apartment building registered in the same household with the building where the parking space is located, or other individuals living at the place of residence in accordance with the legislation of the Russian Federation in the specified apartment buildings.

5. Declare invalid.

Subsidizing the rental of non-residential premises is one of the forms of preferences for small business. As part of property support for small businesses, the government has developed a number of programs that allow the city of Moscow to receive benefits for renting real estate (Clause 1, Article 18 of Moscow City Law No. 60 dated November 26, 2008 “On the support and development of small and medium-sized businesses in the city of Moscow” ).

Organizations and entrepreneurs working in the fields of culture and sports have the opportunity to rent non-residential premises at preferential rates. social nutrition and trade, health care and education, consumer services. In addition, enterprises that employ disabled people can take advantage of this right; the type of activity in this case is unimportant.

The income of SMEs wishing to rent premises on easy terms should not exceed 800 million rubles. Special conditions apply to the number (up to 100 people) and structure of the authorized capital (less than 25% - the share of state or municipal participation; less than 49% - the share of foreign participation or Russian organizations that are not small and medium-sized enterprises).

Types of rental benefits for small businesses

Currently, by Decree of the Moscow Government dated December 2, 2016 No. 812-PP, a preferential rental rate of 4,500 rubles per 1 sq. m has been approved. m. Claim a similar rate when renting non-residential premises Only persons included in the Unified Register of Small and Medium Enterprises can do so.

Organizations and entrepreneurs who win the city auction under the “Doctor is Near” and “Doctor is Nearby” programs can receive special benefits. Educational program" and "Objects cultural heritage" They are provided with long-term lease of non-residential properties located in residential areas on the first floors of buildings, but often in unsatisfactory condition.

After the rental property is restored by the winner of the competition and the conditions of the program are met, a transition to a rental rate of 1 ruble per 1 sq. m. is carried out. m per year. It should be noted that additional tax benefits When renting city property, these programs do not exist for participants.

Prices

Preferential rental of premises for small businesses - from RUB 3,000.

Procedure for receiving benefits

Representatives of small businesses receive preferential conditions by application. It is necessary to select a non-residential property and apply for property support. The procedure for receiving benefits is established by resolutions of the Moscow Government dated December 25, 2012 No. 809-PP and July 1, 2013 No. 424-PP. In a simplified way, the rules for providing benefits can be presented as follows.

Collection by interested party necessary documents, including confirming permission to carry out a specific type of activity and use of the rented premises.
Applying to the Interdepartmental Commission (Department of City Property) with an application, a lease agreement and a package of documents.
Checking of submitted documents by DGI specialists.
Making a decision to provide property support (preferential rent rates) or sending a reasoned refusal.

IMPORTANT! Decisions made by the Interdepartmental Commission are subject to publication on the website of the Moscow Government. If you disagree with the decision, the applicant can challenge it in court.

Legal assistance from the company "Mosty"

Refusal to consider applications for provision preferential rent small business is often associated with the presence of debts, expiration of lease terms, absence of the applicant company in Unified register SMEs and other reasons. If you do not agree with the refusal and want to challenge it, the specialized lawyers of the Bridges company are ready to analyze the situation and advise you on the prospects for resolving the case.

Since 2008, Moscow people on the waiting list who rent apartments in the “private sector” can count on financial assistance from the city. That is, the city takes on part of the rent. Today, 180 families have taken advantage of this right. However, the capital’s authorities hope to increase this number to 2,000 families—it is for this number of employers that the amount allocated in the Moscow budget is calculated. Today he will tell you what you need to do to receive such compensation.

This article is a reference and information material; all information in it is presented for informational purposes and is for informational purposes only.

Back at the end of 2007, the Moscow Government announced that it was ready to compensate half of the rent to those on the waiting list renting apartments on the housing market in Moscow and the Moscow region. What's important - those on the waiting list, renting housing, continue to be in line and wait until they are provided with permanent housing .

However, one must understand that for settlements with those on the waiting list, the Moscow authorities will set the rent rates themselves, focusing on average market indicators. And the established standards may differ from the cost of renting a specific apartment.

Today these rates look like this:

50% compensation is calculated from these indicators. Today, those on the waiting list for rented housing can receive up to 12 500 rub. per month, if rented, and up to 8,750 rub., if you rent an apartment in the Moscow region.

Families of three can receive up to 15,000 rub.. and up to 10 500 rub. respectively, and their families of 4 or more people - up to 17,500 rub. and up to 12,250 rub..

“Singles” are also entitled to compensation: if they rent an apartment in Moscow, they can count on a maximum of 11,000 rub.., and if in the Moscow region, then on RUB 7,700.

180 families are already receiving such compensation. The Head of the Department of Implementation of Programs for Providing Those in Need of Improved Housing Conditions of the Department of Housing Policy and housing stock Moscow Maxim Makarov.

Who is entitled to compensation?
The official name of the program is “The program to provide citizens recognized as needing improved housing conditions with compensation for reimbursement of expenses associated with paying for the rental (sublease) of residential premises.” It is designed for waiting lists who joined the queue for improved housing conditions before March 1, 2005 .

This is completely social program, the city does not receive any profit from its implementation, it is simply trying to show some concern for those in need before they receive permanent housing. In the West, similar schemes have long existed under which social subsidies are allocated to low-income groups of the population when they are forced to rent housing. Finally, such a program has appeared here.

The Decree of the Moscow Government “On the results of the implementation of city housing programs in 2007 and on city housing programs for 2008-2010” No. 774 dated August 26, 2008, indicates the categories of people on the waiting list who can participate in this program.

These are people who are in dire need of improved housing conditions:
- residents communal apartments and dormitories;
- waiting lists suffering from severe forms chronic diseases (ed. - for example, tuberculosis or mental illness), with whom healthy people in general, you cannot live in the same living space;
- those who have less than 7 sq. meters living space per person ;
- families with children. If, for example, parents and their two adult children with their own offspring live in the house, then both young families have the right to rent housing in the private sector and receive compensation. And if they participate in the “Young Family” program, they will also receive the following benefit:

Attention, benefits for “young families”!
When calculating compensation for a young family, containing disabled people or 2 or more children, The 50% payment is multiplied by a factor of 1.95, that is, young families actually receive 100% rental compensation . At the same time, it does not matter at all when the young family became a participant in the program of the same name. She can apply for the Young Family Program at the same time as she applies for hiring compensation and will immediately receive the required benefit. Young families with children can live in a separate one now!

Where to go, what documents to collect
But we must understand that the program to compensate for the costs of hiring and subletting (this term is used when a tenant rents a “non-privatized” apartment) is a measure of temporary improvement of living conditions for Muscovites who really need it, and not all those on the waiting list can count on it . Therefore, before collecting documents to receive compensation, you need to come for a consultation to the Office of the Housing Policy Department at your place of residence .

If, at the consultation, the person on the waiting list is found to meet the program criteria, then he can apply for payment of compensation to the Office of the Housing Policy Department in the administrative district at the place of residence and at the place of registration with the appropriate application. The form for such an application, as well as a list of documents that must be submitted along with the application, are available on the website of our Department.

What kind of housing to look for
You can receive compensation after the documents have been reviewed and the prefect’s order has been issued. The order is issued quite quickly, although only after the person on the waiting list finds suitable housing in the private sector.

You can rent housing under this program from homeowners who rent out their apartments. It is also possible from tenants who sublet “non-privatized” housing owned by the city. No separate houses are being built for this program; no urban housing stock is provided for it at all. The point of the program is to involve the private fund of the capital and Moscow region in it, because the volume of housing construction in our country is limited, and there are many waiting lists.

But those wishing to rent apartments with the help of the Moscow government have yet to find homeowners who will agree to formalize a written agreement between the tenant and the landlord. Moreover, this document must meet certain requirements. You and I know that not every owner is ready to rent out an apartment legally; our rental market is generally 90 percent shady. People do not want to disclose the income received as a result of the rental business, and hide the fact that they “quietly” rent out housing. Therefore, today only 180 families on the waiting list were able to conclude such agreements and received the first compensation. More than 4 million rubles. - this is the amount of the second transfer under the Rental Compensation Program paid for the 1st quarter this year(the first payment took place at the end of 2008 and was insignificant).

However, according to the plan, about 2,000 families should be included in the program in 2009, and there are funds in the budget for this (160 million rubles). The program is long-term, and people who enter it this year will continue next year. The Department hopes that 2,000 owners who are ready to enter into a lease agreement in compliance with all requirements will be found.

What kind of agreement should I conclude?
To receive compensation, rental or sublease agreements must be concluded. The contract must indicate:
- address of the occupied premises;
- its main characteristics;
- the number of people who will live there, including children, since the amount of compensation depends on the number of residents, and not on the size of the area.

The last requirement is worth talking about in more detail. Even one person can withdraw, but compensation will be paid to him based on the standard for one person, i.e. in fact, as for a one-room apartment, no more than 11,000 rubles, if he rents an apartment in Moscow.

For example, one person on the waiting list, who has been registered since 1999 and rents a one-room apartment with an area of 34.2 sq. m. on Gorbunova Street, receives compensation 8,000 rub. per month.

And the other person on the waiting list, living with her daughter and renting an apartment with an area of 31.4 square meters. on Basovskaya Street, receives compensation in the amount RUB 9,500. With approximately the same square footage of apartments compared to the first group, the second group receives more compensation, since she lives with her daughter, and payments are calculated based on the number of residents.

However, in these two examples, the amount of compensation is less than the maximum possible amount, which is calculated based on the monthly average market price for renting (subletting) apartments in Moscow. The rule applies here: if the amount of rental payments is higher than the average market price, then compensation is calculated based on the rate, and if the amount is less, then compensation is determined based on the amount actually specified in the contract .

Details of the agreement can be viewed on the website of the Department of Housing Policy.

Payment: step by step
Another important point, which must be taken into account when concluding an agreement is the form of payment. The “tenant” must pay the landlord only by non-cash payments, cash payment is not allowed at all . Therefore, the agreement must necessarily indicate the details of the account to which the money will be transferred to the lessor.

Compensation should only be paid to those who actually live in the rented apartment. This is confirmed, first of all, by payment orders for payment of rent payments passed through the bank . Actually, compensation is calculated on the basis of these payments. A payment order is a document that provides the basis for payment of compensation, and no receipts can replace it , as approved in Resolution No. 1008. Thus, compensation is paid after it becomes clear that the tenant has transferred the rent.

First, the person on the waiting list pays the landlord his money, and then receives compensation in his bank account (no cash is given to the person on the waiting list!). He can use this amount at his own discretion, i.e. It is not necessary to transfer this money to the landlord towards future rent payments. There is no need to pay taxes on the compensation amount, since it is considered a social benefit.

Compensation is paid once a quarter. To receive it, all payment documents must be submitted to the Office of the Housing Policy Department at your place of residence; this can be done monthly or once a quarter. For many, it is more convenient to submit payments monthly; in addition, there are situations when the person on the waiting list uses the program only one month in a quarter, but if he provides payment order for this month, compensation will still be accrued. True, when the entire quarter has passed, since payment of compensation occurs once a quarter, for this purpose the central Department of Housing Policy receives all payments from all departments.

But such a clause of the contract as the term does not matter, the contract can even be unlimited, and as long as payments are made and bills are presented, it is considered valid, and if the bills run out, then the contract ends.

Who will help you find housing?
For the selection of rental housing, it is better to contact professionals, to real estate agencies, since realtors have a large database of housing and more opportunities to find landlords who are ready to legitimize relations with the tenant.

For help, you can contact the Rental Housing Center (RCH), it also helps you find suitable apartments. If the CAC is involved in the transaction, a tripartite agreement is concluded between the person on the waiting list, the landlord and the CAC. A standard form of such an agreement is also available on our website. In this case, the Central Housing Authority acts as a guarantor or attorney and, by the way, in order to protect themselves, many people on the waiting list who have found an apartment on their own turn to the Central Housing Authority to conclude such an agreement.

The Center for Housing should help in finding housing; today its capabilities are limited; the base of the rental housing center does not allow it to cover everyone. Therefore, we want to rely on real estate companies that work with a lot of offers and can find homeowners who meet the requirements of our program.

However, this program is not very profitable for realtors: they do not want to miss out on their commissions, and they are reluctant to make any concessions for those on the waiting list. Negotiations are currently underway with companies to reduce the commission.

By the way, more than half of the 180 contracts concluded within the framework of our Program are the result of an independent search for those on the waiting list.

Resume
The program, which gives people on the waiting list the opportunity to save on rent with the help of the Moscow government, is just taking its first steps. It is too early to talk about its results. We can already see that the main obstacle to the program is the reluctance of landlords to show their rental income. But let’s hope that in vast Moscow there really are 2,000 landlords who are ready to rent out an apartment “in white,” that is, according to an agreement and pay taxes to the treasury. It’s probably worth helping “white landlords” formalize their relationship with the tax office.

Useful documents:

Decree of the Moscow Government of August 26, 2008 No. 774-PP
“On the results of the implementation of city housing programs in 2007 and on city housing programs for 2008-2010”

Order of the Department of Housing Policy and Housing Fund of the City of Moscow dated March 23, 2009 No. 520 “On measures to implement the Moscow Government Decree dated November 27, 2007 No. 1008-PP “On providing citizens recognized as in need of improved housing conditions with compensation for reimbursement of expenses” related to payment for rental (sublease) of residential premises"

Order of the Department of Housing Policy and Housing Fund of the City of Moscow dated December 31, 2008 N 3215 “On approval of the average market price for renting apartments in the city of Moscow and the Moscow region for the payment of compensation to those on the city’s waiting list in order to partially reimburse their expenses for renting (subletting) residential premises”

Order of the Department of Housing Policy and Housing Fund of the City of Moscow dated November 6, 2008 N 2766 “On measures to implement the Moscow Government Decree dated November 27, 2007 No. 1008-PP “On providing citizens recognized as needing improved housing conditions with compensation for reimbursement of expenses associated with payment for rental (sublease) of residential premises"

Decree of the Moscow Government of November 27, 2007 N 1008-PP “On providing citizens recognized as needing improved housing conditions with compensation for reimbursement of expenses associated with paying for the rental (sublease) of residential premises”

The Moscow government is beginning to take decisive measures to eliminate the shortage of kindergartens in Moscow. Along with the large construction of new state kindergartens, a special program was launched to create places in preschool institutions through private preschool institutions.

The program is carried out in accordance with Moscow Government Decree No. 145-PP dated March 11, 2013 “On the specifics of leasing to private educational institutions implementing the main general education project preschool education, non-residential facilities located in the capital’s property treasury.”

The main goal of this program is to help private businesses and take on part of the costs associated with organizing private kindergartens. The city is interested in the creation and development of private preschools educational institutions, in the development of the private education sector and the creation of additional places in nurseries.

From the Moscow budget, private educational institutions are allocated subsidies for almost 17 thousand kindergarten students (35 thousand rubles per year each) and school students (63 thousand rubles per year). In total, private education covers 5,795 preschoolers and 16,698 schoolchildren.

Concession agreements will also be concluded with organizations renting premises from the city for private kindergartens. After their reconstruction, the rental rate will be 1 ruble per square meter per year.

But the requirements are different. For example, from a private kindergarten built on plot of land, the city does not require it to accept children from the city's waiting list. A private kindergarten created under a concession agreement is obliged to provide 25% of the places to those on the waiting list.

Moreover, parents will pay the same amount for their stay as in a regular public kindergarten. The city will reimburse these expenses: for each child on the waiting list taken to a private kindergarten with which concession agreement, the budget will pay 170 thousand rubles per year.

Necessary conditions for a potential tenant - he must have a license to carry out educational activities, the premises after renovation, current or major, must meet all fire safety, sanitary, technical and other requirements, at least 80% of children must be residents of Moscow.

The Moscow government has established a preferential rent for non-state educational institutions - 1,800 rubles per square meter per year.

The program will be applied only to private schools and kindergartens that have a license. Already, institutions renting premises from the city or from budgetary institutions Department of Education can provide a license and receive benefits.

Otherwise, to recalculate at a reduced rate, you must obtain a license before June 1. If the receipts have already been paid, the overpayment will be applied toward future payments.

Participation in the competition is not difficult and consists of 6 stages:

– pick up and view an object,

Read the documentation

Transfer the deposit and submit an application,

– take part and win the competition,

– conclude a rental contract.

As part of this resolution, OJSC Bank of Moscow presented investors with loan programs on special terms, adapted for participants in the city project to organize private gardens.