Non-stationary shopping facility - what is it? Regulations on the placement of non-stationary retail facilities. Holding an auction for the right to place

Situation: The client, being the owner of the land plot, decided to place a trade pavilion on it. The type of permitted use of the site - "under the organization of trade", allowed him to use the site for the placement of objects of trade.

Having begun the construction of the foundation, he received an order from the local administration to stop construction works before obtaining a building permit. In parallel, the prosecutor's check began.

Question: Do I need a building permit to build a trade pavilion?

Answer: In the described situation, no building permit was required for the construction of the Client's trade pavilion. Because according to its technical characteristics, the specified object is an object non-stationary trade.

Rationale for the answer: The developer's right to erect a capital construction object is certified by a building permit. The developer can obtain such a document in the manner prescribed by Article 51 of the Town Planning Code. Russian Federation.

However, not all legislation requires obtaining a building permit. For example, part 17 of article 51 of the Town Planning Code of the Russian Federation says that it is not required to obtain a building permit for the construction of kiosks, sheds and other objects that are not capital.

So what distinguishes a capital object from a non-capital one?

According to the position of the Supreme Court of the Russian Federation, reflected in the Ruling of 03.12.2008 No. 9-Г08-19, legal concepts capital construction object and real estate object are identical. This means that non-capital objects are not real estate.

The concept of real estate is contained in Article 130 of the Civil Code of the Russian Federation (hereinafter referred to as the "CC RF"), according to which real estate includes everything that is firmly connected with the land, that is, objects that cannot be moved without disproportionate damage to their purpose.

According to the legal position Supreme Court The Russian Federation, reflected in paragraph 38 of the Decree of the Plenum of June 23, 2015 No. 25, when resolving the issue of recognizing an object as an immovable thing, it is necessary to establish that it has at least fully completed the foundation construction or similar work.

Thus, the most essential technical characteristic of an object, which allows it to be qualified as real estate, is the presence of a foundation and the impossibility of moving the object. without disproportionate prejudice to its purpose.

On the other hand, the legislator introduced the concept of non-stationary shopping facility. Note to paragraph 3.14. "GOST R 51773-2009. national standard Russian Federation. Trade services. Classification of trade enterprises ”(approved and put into effect by the Order of Rostekhregulirovanie dated December 15, 2009 No. 771-st), revealing the concept of a non-stationary trade facility, includes pavilions, kiosks, tents, vending machines and other temporary trade facilities. At the same time, the specified GOST R does not disclose the answer to another interesting question.

What is the difference between a stationary pavilion and a non-stationary one?

« A non-stationary retail facility is a retail facility that is a temporary structure or temporary structure that is not firmly connected to the land plot, regardless of the presence or absence of a connection (technological connection) to utility networks, including a mobile structure ... ".

pp. 6) art. 2 of the Federal Law of December 28, 2009 No. 381-FZ “On the Fundamentals of State Regulation trading activities In Russian federation"

Similarly, this term is disclosed in “GOST R 51303-2013. National standard of the Russian Federation. Trade. Terms and definitions” (approved by the Order of Rosstandart dated August 28, 2013 No. 582-st).

Local legislation, supplementing the terminology, clarifies what technical specifications must have non-stationary retail facilities. For example, the Rules for the improvement of the territory of Istrinsky municipal district Moscow Region (approved by the Order of the Ministry of Housing and Public Utilities of the Moscow Region of July 20, 2015 No. 158-RV) contain the following definition:

“Objects that are not capital construction objects (non-capital objects) are objects that do not require a construction permit to be located, made of easily erected structures without buried foundations, communications and underground structures, seasonal or auxiliary purposes, including summer pavilions, small warehouses and shopping kiosks, pavilions and other objects finely retail, greenhouses, greenhouses, gazebos, stopping pavilions, ground toilet cabins, box garages, and other similar structures.

Thus, a non-stationary trade pavilion should have the following features:

1. Should not be firmly connected to the ground (no deep foundation);
2. Erected from easily erected structures (possibility of transfer without disproportionate damage to the purpose of the object);
3. Lack of underground technological connections to utility networks (air connections are allowed).

Trade Permitimplies that the activities for the sale of goods are coordinated with the authorities state power. But obtaining this permission is not always necessary. When it is required and where to apply for it - that's what will be discussed in the article.

Notice of commencement of activity

To start your business in trade, it is not always necessary to obtain permission to trade from the state. Only certain types of activities are subject to licensing, and they are specified in the law. But in some cases, it is still necessary to notify the relevant government agency of your discovery. Such a requirement is set out in the law "On the protection of the rights legal entities and individual entrepreneurs in the implementation state control(Supervision) and Municipal Supervision” dated December 26, 2008 No. 294-FZ.

This normative act contains a list of activities in relation to which the notification procedure in trade is applied. But there is also a decree of the Government of the Russian Federation “On the notification procedure for the start of certain types of entrepreneurial activity» dated July 16, 2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

Persons who decide to conduct one of these types of activities do not need to issue a trade permit, but simply notify the relevant government agency.

Notice procedure

The procedure for submitting a notification to the authorized body is fixed in Decree of the Government of the Russian Federation No. 584. According to it, the applicant must provide 2 completed copies of the notification to the authorized body. Such a body in Moscow is the district council of the city or the prefecture of the administrative district, it all depends on where the applicant is registered. The notification form is given in the same resolution.

Notice may be given in person, by mail, or via the Internet in the form of electronic document.

Two copies are served in order to immediately return one to the applicant with a mark of delivery. When submitting an electronic document, the applicant is sent a confirmation of delivery also in electronic form.

The notice itself contains the following information:

• name of the legal entity or full name of the entrepreneur;
• OGRN;
• legal address and the actual address object of trade;
• type of activity and list of works and services within the separate species activities.

Note: No documents are required to be attached to the notification. This procedure is much easier to obtain a trade permit.

All information from the notification serves to form the Trade Register, which is maintained in accordance with the order of the Ministry of Industry and Trade dated June 16, 2010 No. 602.

What awaits the seller who has not submitted a notification

Everyone has long understood that the lack of a trade permit (if it is required without fail) entails the imposition of fines. But the notification procedure is not taken so seriously, although it also provides for its own responsibility.

Don't know your rights?

The Code of Administrative Offenses of the Russian Federation considers it a misdemeanor to violate the rules for notification of the commencement of activities. And the responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not file a notice at all, which threatens with a fine of 10,000 to 20,000 rubles.
• The notification was filed, but contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

In order to avoid problems and unnecessary costs, the established procedure for starting activities should be followed.

Permission to open a non-stationary retail facility

A non-stationary trade object is an object that is not firmly tied to the ground, for example, a kiosk, vending machine. And such objects are placed only in designated places, approved by a specially designed layout. Each of the objects must comply with typical architectural solutions.

The location of non-stationary facilities in Moscow, when it comes to their location on state-owned land, is the responsibility of the Department of Trade and Services of the City of Moscow.

To start trading in such a non-stationary facility, you do not need to issue a trade permit, it requires the conclusion of an agreement for the implementation of trading activities or for the placement of a non-stationary trade facility. Such an agreement will be concluded with the winner of the auction, as the rules for the competitive selection of the seller apply here.

To participate in the auction, a legal entity or individual entrepreneur must submit an application, the form of which is established by the organizer of the auction, and at the same time have the money in the account necessary to pay the deposit for participation in the auction.

License to sell alcohol

If in the course of trading activity it is supposed to sell alcohol, then you will have to obtain an appropriate license, since retail alcohol-containing products require a special trade permit. This formulation of the question is in line with the norms of the Law “On state regulation production and turnover of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products” dated November 22, 1995 No. 171-FZ.

To obtain a license to sell alcohol at retail in Moscow, you need to apply to the Department of Trade and Services of this city. The application itself is filled out in the prescribed form, and the following is attached to it:

• Constituent documents. If there are no notarized copies, then you can submit simple copies, but have the originals with you.
• Receipt for payment of state duty.
• Documents showing that authorized capital company is not less than 1,000,000 rubles.

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this is not obtained, they must be conveyed by the applicant:

• Certificate of state registration of a legal entity.
• A document confirming tax registration.
• Documents from which it could be determined that the applicant has rights to the premises for opening shopping facilities and storage of alcoholic beverages.

Trade Permit alcoholic products is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trading can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated December 30, 2006 No. 271-FZ. According to this regulatory act, it is possible to obtain permission to organize a market by submitting an application, which must indicate:

• The name of the legal entity, its address and the location of the facility where the market is planned to be located.
• TIN of the applicant.
• Organized market type.

The list of attached documents consists of the following items:

• Constituent documents.
• Extract from the Unified State Register of Legal Entities.
• A document confirming the existence of the right to the object where the market will be located.

If the proposed location of the market meets the market organization plan and the applicant has fulfilled all the requirements for the execution and submission of the corresponding application, then he has every chance of obtaining a trade permit.

A trade permit is required only in certain cases, for example, when it is planned to sell alcohol. For the most part, entrepreneurs are only required to notify the relevant government agency about the start of their activities. But do not forget that if you do not need to issue a permit for trade, then it will not be controlled. Authorized bodies develop an audit plan to check whether the requirements put forward to the order of organization and conduct of trade are observed.

Placement of non-stationary retail facilities
Small business entrepreneurs often use non-stationary retail facilities. Such trading objects are understood as mobile trading structures that are temporarily placed on a certain land plot without being attached to it. Usually they are not connected to engineering networks. At first glance, it may seem that the design and placement of such an object is not difficult. But in practice, everything turns out to be much more difficult, since now there are strict requirements for obtaining a permit for this species trade. It is especially difficult to obtain permission to place an object in a room or on a land plot owned by the state. A non-stationary retail facility must be included in the placement scheme. It is developed by the city authorities for a certain period of time, and after its expiration is subject to re-examination.
Placement of non-stationary retail facilities is carried out in accordance with federal law dated December 28, 2009 No. 381 - Federal Law "On the basics of regulating trading activities in the Russian Federation". If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on whose territory the NTO is planned to operate.
In the case of placing a non-stationary retail facility on land plots, in premises that are in municipal or state ownership, the process must be carried out according to the placement scheme, in order to most rationally provide residents with retail space and sustainable development of the city.
It is in the second case that a businessman has problems, so he will have to go through two stages of registration of an NTO.
The first stage of registration is that the NTO is included in the placement scheme. Local authorities are responsible for its creation. We list what documents are required to be included in this scheme:
- for legal entities - charter, certificate of state registration
- for individuals entrepreneurship - a certificate of state registration of a person as an individual entrepreneur
- certificate of tax registration, as well as a certificate of issuance of TIN
- a project describing a non-stationary retail facility
If your NTO is included in the layout, then the second stage is to obtain permits, which specify the life of the facility, as well as other individual conditions.
The main question that arises in the permit process is who should raise the issue of including an NTO in a siting scheme. The reason for this is the lack of an answer to this question in the legislation, as well as the lack of judicial precedents. The city authorities claim that the inclusion of NTO in the layout is only their prerogative and the owners have nothing to do with this issue. This is contrary to the state policy to promote small and medium-sized businesses, as it does not provide favorable conditions for their activities and does not contribute to the sale of goods and services. That is, the state takes care of small and medium-sized businesses, not taking into account their opinion.
Another problem for the NTO owner is the lack of confidence in the future, or rather, that after the revision of the placement scheme, he will be able to continue his activities in the same place, since they do not have the right to priority placement for a new period.
The legislation does not oblige the authorities to include existing NTOs in the schemes, but only guarantees them the right to conduct activities until the expiration of the period for granting land for their placement.
If you still managed to place an outlet, then it must comply with certain requirements and standards. First, all goods and services sold must be of appropriate quality.
On the object retail trade there should be a sign with the company name, location ( legal address), as well as the work schedule.
NTOs must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for employees.
In the case of completion of the activities of the NTO after the end of the permit for the placement of the NTO, the dismantling and removal of equipment is carried out by the entrepreneur at his expense.
Summing up, we can say that the authorities should establish a clear procedure for obtaining permission to locate an outlet and guarantee the entrepreneur the fact of obtaining permission after the end of the current period.

The sphere of retail trade is one of the most difficult in the market segment in terms of legal and technical regulation. This is due to the fact that this type of entrepreneurial activity is initially focused on a wide class of stakeholders. At the same time, the means of ensuring petty trade may be different. Most accessible way the sale of goods in terms of financial costs is a non-stationary trading facility. It can be a tray, tent, kiosk or other structure through which trade is carried out.

What is a non-stationary object for trade?

The non-stationary position of the object provides for the possibility of its movement, but this does not always apply to structures with the help of which trading operations are carried out. That is, there is a theoretical possibility of object displacement, but it may not be used for years. In other words, a non-stationary trading facility is real estate, which is a platform for the retail sale of goods. In particular, it can be stalls, kiosks, trays, boxes and other objects. From a technical point of view, the non-stationarity of such structures is due to the lack of a foundation.

The stationary structure certainly has a strong connection with the ground. In turn, a non-stationary object may have a connection to communications, but its installation does not provide for the formation of the same concrete base for fastening. However, retail trade through non-stationary facilities can also be based on the principles of delivery and delivery sales. That is, in this case, the object is also characterized by mobility. Now it is worth considering in more detail the types of objects of trade.

Types of non-stationary objects of trade

The group of non-stationary trade facilities is quite diverse and includes a wide range of different structures and structures. So, there are three basic classes of such objects: traditional non-capital structures, mobile devices and devices, due to which hand trading is carried out. In the case of non-capital objects, we can talk about the most common ways of trading through kiosks, vending machines, stalls, etc. These are structures that, although they do not have a foundation, provide for a reliable installation. A mobile non-stationary trading facility is mobile shops, all kinds of shops on wheels and van sales stalls. Also, the group of non-stationary objects sometimes includes small-scale retail trade from hands, but it can be carried out without any auxiliary structural means. In addition, there is a classification according to the nature of the seasonal operation of trade objects. The division on this basis is especially pronounced in the case of stalls and kiosks, which can be removed during the off-season and displayed during the most active periods of sales. For example, in summer time gourd breakups and street cafes are popular, and newsstands can be attributed to objects of year-round operation.

Legal registration of the object

For the placement and planning of retail facilities, it is necessary to prepare the relevant documents for registering a point of sale. But before that, technical possibilities should be provided for ensuring the safety of the target site, as well as its compliance with sanitary and environmental standards. Already during operation, the owner will have to regularly confirm the right to place non-stationary retail facilities with the following documents:

• Trading license.
• Permission to install a non-stationary object.
• Documentation indicating the sources of origin of the goods sold. Quality certificates, sanitary certificates, as well as certificates with veterinary conclusions for products should also be provided here.
• A copy of the agreement on the removal of wastewater and the supply of water. This is required in case there is no possibility of connection to the central water supply line. In addition, a schedule is provided for the implementation of disinfection work within the local infrastructure providing drinking water supply.
• Document confirming Such equipment is not always required, but only in cases where kiosks or stalls are included in the complexes shopping centers, shops, etc.
• Contract for the disposal of environmentally harmful products and the removal of household waste.

Requirements for placed objects of stationary trade

Those wishing to organize this kind of activity must provide maximum information about the planned characteristics of the object in the application. As a rule, retail trade provides for the provision of services in the form of sales of household goods and products. After obtaining permission, the owner of the outlet must also comply with the legislation regarding the regulation of small retail trade. Not only the placement of non-stationary retail facilities is carried out with the maintenance of safety standards, but the goods themselves must meet special requirements. In particular, this applies to sanitary standards. In addition, a kiosk, stall or other trade facility must have a sign indicating the opening hours. The point also provides facilities fire safety, personal hygiene of attendants and conditions for providing household needs.

Regulations on the placement of the object of trade

To begin with, it should be noted the difference between objects that are installed as independent outlets, and structures operating as part of celebrations, fairs, exhibitions, etc. In the second case, special rules are provided that are approved by the local administration, depending on the format of the action. In other cases, the placement is planned taking into account the provision of the local population with enterprises consumer market. Besides, general provisions on the placement of non-stationary retail facilities require that locations be selected on sites and in buildings that are in municipal ownership. The conclusion of contracts for the placement of retail facilities is carried out in the prescribed manner specifically for non-stationary structures.

The lease agreement usually lasts for more than a year. At the same time, the current tenant will have a privileged right to further use of the leased land or premises. It is also important to take into account that a non-stationary retail facility is property that is intended for entrepreneurial activities. Therefore, special penalties are provided for violations in the organization of accommodation. For example, installing a kiosk without a contract is considered unauthorized, and the owner of this facility should be held accountable.

Object placement scheme

The installation of trade facilities on sites and premises that are in city ownership can only be carried out in accordance with a previously drawn up scheme. The development of this document is carried out taking into account two goals, which are expressed in stimulating the sustainable development of the local territory and meeting the needs of the local population in retail goods. The scheme is approved by the authority local government, also guided by the charter municipality. The document may provide for the placement of about 60% of the objects of this kind of trade, which will later be used for small or medium-sized businesses. Since a non-stationary retail facility is, as a rule, private property, it is often placed on its own territory. That is, the owner of a commercial space can place a tent or a kiosk within his shopping complex stationary type or within the boundaries of the land.

Holding an auction for the right to place

If we are talking about municipal areas, then the decision on who will receive the right to lease this or that territory can be made on the basis of the results of the auction. For this, the city administration issues an appropriate resolution and formulates the subject of the event. The committee can also act as an organizer. The regulation on non-stationary trade objects indicates who will directly regulate the auction. Usually in this capacity special commission, which has the following functions:

• Determination of the so-called auction step, that is, the value of the increase in value in the range from 1 to 5% of the starting price.
• The schedule for accepting applications, as well as the timing and place of summing up the results of the auction.
• Consideration of applications and making a decision regarding the recognition of one of the participants as the winner.
• Maintaining an auction record.

The results of the auction are published in the media or online publications 30 days after the end of the event. The protocol may indicate the cost of rent, address, parameters of the area, and in some cases also describes the procedure for locating non-stationary retail facilities or special requirements for the operation of the contract area.

Agreement for the placement of the object

Three days after the announcement of the winner of the auction, an agreement is drawn up and the owner of the right to place an object of non-stationary trade can start organizing his activities. At the same time, the installation of the object provides for compliance with all the requirements that were indicated in the location scheme and were noted in the auction protocol. After the validity of the document expires, the owner must restore the territory he occupies. This must be done within 10 days. The entrepreneur must inform the consumer market committee about all actions on the leased site from installation to dismantling of the structure. Information about the terms of activity in the territory and the possibility of its early termination must contain an agreement for the placement of a non-stationary retail facility, as well as clauses on the extension of the document.

In what cases is the contract terminated ahead of schedule?

Termination by exercising the right to place an object can be accepted in several cases. For example, if the owner ceases trading activities. Also, the termination of the contract may be associated with the decision of the judicial authorities, which exercise the functions of control and supervision. The local self-government body also has the right to act as the initiator of the termination of the contract. In particular, this may be due to the need to reconstruct the local infrastructure. However, the procedure for locating non-stationary retail facilities initially provides for the conclusion of an agreement based on the requirements of the urban infrastructure arrangement scheme, so such work rarely becomes a factor in the termination of business activities in the area allocated for this.

There may be other reasons for premature termination of the contract. So, a violation by the owner of a trading facility of certain points in a document may well become a reason for its early termination. This may be the transfer of rights to operate the area to third parties, the implementation of other activities in relation to the declared one, etc. Further, within 5 days, all non-stationary retail facilities must be removed from the territory. The resolution also prescribes that the decision on early termination of the contract in case of violations on the part of the owner of the commercial facility must be made by the organizer of the auction.

Conclusion

The location of sales objects in the city is of great importance. On the one hand, small-scale retail outlets make it possible to supply the local population with the necessary goods, but on the other hand, they undoubtedly change the external one. But the developers of infrastructure schemes that mark the places where goods are sold are guided not only by these aspects. As a rule, the provision of non-stationary retail facilities is also carried out with the expectation of future architectural development. Making adjustments to the town-planning plan, by the way, may become the basis for early termination of the contract. The change in the appearance of the city as a result of the placement of retail outlets is also taken into account. The fact is that non-stationary objects are far from always distinguished by aesthetic appeal, which also becomes a factor in the decision to place a particular tent, kiosk, or group of seasonal pavilions.