The senior assistant prosecutor of the Kursk region for legal support, Tatyana PEROVA, answers: “According to paragraph 11 of Article 39 of the Law of the Russian Federation of July 10, 1992 No. 3266-1 “On Education”, paragraph 4 of Article 27 of the Federal Law of August 22, 1996 No. 125-FZ “ “On higher and postgraduate professional education”, an educational institution has the right, with the consent of the owner, to rent out the property assigned to it.

In accordance with Part 4 of Article 13 of the Federal Law of July 24, 1998 No. 124-FZ “On Basic Guarantees of the Rights of the Child in the Russian Federation,” if a state or municipal institution that is an object of social infrastructure for children leases out the property assigned to it, the conclusion of a lease agreement must be preceded by an investigation by the founder expert review the consequences of such an agreement for the provision of education, upbringing, social protection and services for children. A lease agreement cannot be concluded if, as a result of an expert assessment, the possibility of deterioration of the specified conditions is established.

Thus, a lease agreement can be concluded if, after assessing the consequences of concluding such an agreement, the founder does not establish the possibility of worsening the conditions of education and social services for children, as well as violations of the rights of students.

The current legislation prohibits the rental of real estate educational institutions for the distribution and advertising of alcoholic products, tobacco products, beer and drinks not made on its basis, the activities of political parties and religious organizations. In addition, it is not permitted to lease residential premises in dormitories of educational institutions for use as an office or for other purposes not related to direct purpose these premises for unregistered individual labor teaching activities, as well as renting the facade and roof of buildings and structures that are not independent real estate objects.

Article 614 of the Civil Code of the Russian Federation stipulates that the procedure, conditions and terms for paying rent are determined by the lease agreement. In the event that they are not specified in the agreement, it is considered that the procedure, conditions and terms usually applied when leasing similar property under comparable circumstances are established.

Control over the use of property assigned to educational institutions is entrusted to local government bodies, federal government bodies and state authorities of the constituent entities of the Russian Federation, which are in charge of these educational institutions. Supervision over the legality of the use of property assigned to educational institutions is carried out by the prosecutor’s office.”

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Renting premises at school

How much should it cost to rent school premises, cost per month?

Hello, this issue is being determined by management educational organization plus coordinates this issue with the education department.

I am the director of the school. My daughter wants to rent space at my school legally. Will I be accused of corruption?

So the money will go to the State Educational Institution, not for you, right? Secondly, you are not the owner of the premises. Nothing will happen and no one will be blamed.

The individual entrepreneur will rent space at the school to organize hot meals for schoolchildren. What is being rented? Hot shop or dining room? Or both?

Good evening, Elena! It all depends on whether you will prepare food for schoolchildren in a hot shop, or whether you will cook in another workshop outside the school and deliver the food to the school dining hall. If you cook in a hot shop at a school and then feed schoolchildren in the school dining hall, then you need to rent both the hot shop and the dining hall. If you prepare hot meals outside the school’s hot shop and subsequently deliver and serve meals to schoolchildren in the dining hall, then you only need to rent the dining hall.

We are renting space in a school for a dance school. Can a school rent out premises for purposes other than educational activities?

Dear Maria, the school has the right to rent premises not for educational activities with the consent of the founder and owner of the property.

A driving school entered into an agreement to rent premises (one classroom) in a secondary school to conduct theoretical classes on traffic rules. But the SES refused to give a sanitary-epidemiological examination conclusion on this type of activity at the school, referring to clause 1.7 of SanPiN 2.4.2.2821-10 “the use of premises of educational organizations for other purposes is not permitted.” Is this refusal legal? If not, which authorities should I appeal to?

Challenge the refusal in court. The theoretical part is essentially the same educational process as school lessons.

Can a self-employed person carry out work in a secondary school? Do I need to rent a room?

Of course he can combine work at school. At the same time, it is not necessary to rent a room; tutoring is possible at home.

Need advice on real estate trading? Bidding site. Gov. I want to rent space at a school.

Hello. Yes, consultation is possible. To do this, contact the lawyer of your choice via personal messages and discuss the conditions for receiving advice.

Is there a certain percentage of how much space can be rented out? comprehensive school?

No. Yes, usually it can’t be, the premises are not her property, that’s why. As a rule, it is managed by the owner (municipal entity, as a rule), represented by its competent authorities.

Please tell me, can a school rent out premises to an entrepreneur?

Hello. Renting premises located in educational institutions to unauthorized persons is prohibited without any options.

Hello. Only the owner or a person authorized by him has the right to conclude a lease agreement on the part of the lessor. The school is not such a person. These issues are decided by the owner - the department or the Ministry of Property Relations.

I want to rent non-residential premises for a school. Can I be both the founder and director in one person?

Are we talking about registering an LLC? Yes you can. When submitting a package of documents for registration of an LLC, in the text of the Founder’s Decision/Minutes No. 1 on the creation of the LLC (this document is mandatory), you write the following paragraph: “The sole executive body of the Limited Liability Company “Name” is the director, full name, with a term of office of five years.”

The gym premises were leased by the municipal organization to a children's sports school according to the lease agreement - who should carry out measurements of the insulation resistance in the premises of the gym - the owner and the tenant?

Hello, Elena! This depends on the contents of the lease agreement. Article 655. Transfer of a building or structure 1. The transfer of a building or structure by the lessor and its acceptance by the tenant is carried out under a transfer deed or other transfer document signed by the parties. Unless otherwise provided by law or the lease agreement for a building or structure, the lessor's obligation to transfer the building or structure to the lessee is considered fulfilled after it is provided to the lessee for possession or use and the parties sign the relevant transfer document. Evasion of one of the parties from signing a document on the transfer of a building or structure on the terms provided for by the agreement, is considered as a refusal, respectively, of the lessor to fulfill the obligation to transfer the property, and the lessee to accept the property. 2. Upon termination of a lease agreement for a building or structure, the leased building or structure must be returned to the lessor in compliance with the rules provided for in paragraph 1 of this article. That is, if the networks are transferred to the Tenant, then he is responsible for their maintenance; if not, the measurements are carried out by the Lessor.

I really need help. I want to rent a small space and open a mini school there. Conduct lessons to prepare children for school. The income will not be big, 15 - 20 thousand per month.
1) Do I need to formalize this somehow? Open an individual entrepreneur or there are some other options. I would like not to bother with a bunch of documents and reports to the tax office.
2) And will all this design cost a lot?

Hello. Federal Law of August 8, 2001 N 129-FZ "On state registration legal entities and individual entrepreneurs" (with amendments and additions) Registration of an LLC, individual entrepreneur is mandatory by virtue of Article 2 of the Civil Code of the Russian Federation.

Good afternoon. If you are not ready to collect documents, this is not for you. Your type of activity will require a license from the Ministry of Education. That is, in order to obtain it, many requirements will be put forward for premises and education. Therefore, first clearly decide what you want and contact the education department. After they give you the entire list of documentation, many simply do not want to start all this. Opening an individual entrepreneur is not difficult, it is difficult to obtain a license.

Hello! Documents for opening a private school To purchase a license, you need to collect documents, the list of which includes: an application from a private individual - the founder, as well as an INN; application directly from a legal entity with a certificate of tax registration; a copy of the charter adopted by the founder of the LLC; certificate that this non-profit establishment has been registered (copy). Original documents are not needed; it is enough to present copies certified by a notary. Before you register to apply for a license, you need to have a clear idea in your business plan of how many students you can accommodate - this data is taken into account by the employees who draw up the documents.

1. You can register as an individual entrepreneur, the state duty is 800 rubles 2. You can choose the type of taxation under the simplified tax system of 6% of all income. For detailed advice, please contact the site’s lawyers in private messages.

Is it legally possible to rent out school premises for the College of Law and Entrepreneurship?

Good evening, dear visitor! It is quite possible in in this case

The municipality can do this. All the best, I wish you good luck.

Good day. You need to know the school charter, what is written in it in this regard. It’s difficult to say without knowing the documents. All the best.

I, as an individual entrepreneur, want to rent a room (classroom) at a school to organize a commercial club. According to Federal Law-135, Art. 17.1 and Letter of the Federal Antimonopoly Service No. TsA/16309/14 dated April 24, 2014, I cannot do this without holding a tender, with the exception if the contract is concluded for a period of no more than 30 calendar days within six consecutive calendar months. Question - must the 30 calendar days also be consecutive or can I distribute them over the entire period (six months)? For example, conclude a contract for a period of six months, with the right to rent a class only on Saturdays?

I rent space from a school for a dance studio. There is a residential building next to the entrance to the studio. Some parents bring their children and drop them off in the yard of this house (the yard is adjacent to the school fence). The residents are indignant that other people's cars are visiting them and demand that the school management terminate the rental agreement for the premises with my studio. I warned my parents not to leave their cars there, because... There are other parking lots a little further away, and there is a notice about it in the studio. But 5-7 people still come to this yard a couple of times a week. Does the school have the right to terminate the rental agreement with me based on tenant complaints? Do residents have legal right prohibit other people's cars from entering this yard (the driveway is through, there is no barrier there)?

Hello, if the parking lot is located on the territory of an apartment building, then the owners have the right to ask to vacate the parking spaces. It is difficult to say about the termination of the Agreement, since you first need to see the full text.

How to rent premises at a school to prepare for the Unified State Exam, what legal documents govern this?

Hello. Please contact the school principal with this question. You will need to sign a rental agreement and specify everything essential conditions, such as payment for premises, payment terms, class hours, etc.

Good afternoon The right to rent premises is regulated Lease agreement non-residential premises with the owner of this premises(buildings) or with an authorized person. In this case, you need to request documents from the school administration for the right to own the building, as well as their constituent documents and a draft lease agreement. By virtue of Art. 14 Federal Law of January 12, 1996 N 7-FZ (as amended on December 19, 2016) “On Non-Profit Organizations” (as amended and supplemented, entered into force on July 1, 2017) 1. The constituent documents of non-profit organizations are: charter , approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budgetary institution; (as amended by Federal Law No. 83-FZ dated 05/08/2010) (see text in the previous edition) charter or in cases established by law , regulatory legal acts of the President or the Government of the Russian Federation, regulations approved by the relevant body exercising the functions and powers of the founder for a government institution; (paragraph introduced by Federal Law No. 83-FZ dated 05/08/2010) the constituent agreement concluded by their members and the charter approved by them for an association or union; the paragraph is no longer valid. - Federal Law of November 3, 2006 N 175-FZ.(see text in the previous edition) The founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a constituent agreement. In cases provided for by law, a non-profit organization may act on the basis

general position

about organizations of this type and type. (as amended by Federal Law dated 05/08/2010 N 83-FZ) (see text in the previous edition) Can a school rent out premises to a self-employed tutor (not an individual entrepreneur)?

May, with the consent of the founder, Federal Law of November 14, 2002 N 161-FZ (as amended on July 29, 2017) "On State and Municipal Unitary Enterprises" "" Article 19. Disposal of the property of a state-owned enterprise A municipal state-owned enterprise has the right to alienate or otherwise dispose of what belongs to it property only with consent

authorized body

local government. The charter of a state-owned enterprise may provide for the types and (or) size of other transactions, the conclusion of which cannot be carried out without the consent of the owner of the property of such an enterprise.

Can a school rent out a separate room for restoration and repair of furniture?

Good day! Yes maybe. When leasing property, you are required to pay 13 percent personal income tax on the income you receive from the tenant by virtue of paragraphs. 4 paragraphs 1 art. 208, paragraph 1, art. 209 of the Tax Code of the Russian Federation.

The school can rent out a separate building if it has permission from the owner of the property - the city property department. Hello, Usually the school does not rent out any premises, because the school director needs to obtain additional approval from the education department. As an exception, I can rent out premises for, for example, sports sections. I wish you good luck and all the best! See the school charter. The property of the institution is under the right of operational management. As a rule, to rent out property, you need a decision from the owner - the approval of the municipality. Good luck to you. or laws can be invoked to oblige the installation of metering devices for a separate room. Olga.

Olga, Good afternoon! When concluding a rental agreement for premises, you have the right to negotiate these conditions and oblige the lessee to install these devices with a specified period.

Good afternoon The obligation of owners (owners) of buildings, structures and structures to install metering devices is determined by Federal Law dated November 23, 2009 N 261-FZ (as amended on July 29, 2017) “On energy saving and increasing energy efficiency and on introducing amendments to certain legislative acts of the Russian Federation”. Federation" There is no norm obliging the installation of such metering devices in premises transferred for use (ownership) to third parties. Calculation of consumption is carried out in accordance with calculation methods (methods). At the same time, calculation methods must determine the amount of energy resources in such a way as to encourage buyers of energy resources to make calculations based on data on their quantitative value, determined using metering devices for energy resources used. In your case, the obligation to install individual metering devices can be stipulated in the lease agreement. I repeat, it is impossible to force the installation of such devices.

Can the school rent out part of the premises with a separate entrance to the MFC.

The school has the right to dispose of the property assigned to it by operational management, including renting out individual premises.

The founder gave his consent to the school to rent two premises, and the school in fact plans to rent one of them (the other is excluded).
Do I need to re-agree the lease of one of these premises with the founder?
After all, if you were allowed to donate more than you actually plan to use, will there be any violation here?

Good afternoon There will be no abuse of authority, but if more was submitted than approved, then re-approval would be necessary. Good luck!

Good afternoon. There is no need to re-approve the lease if the founder initially gave written consent to the lease

If you have received consent to rent out two spaces rather than one, then the issue must be agreed upon with the founder. The need for approval is due to the fact that fees for the use of different areas may vary. rent, and the founder calculated the average for two premises. You can successfully resolve your issue with legal assistance. Thank you for using the site's services!

Can a school director rent out school premises? For a driving school.

Good day, Olga. Free space may be available for rent. This requires a special procedure and agreement with the founder.

Can a school director rent out school premises? Hello. There is no prohibition. The law does not directly prohibit it. Agreement with the founder of the educational institution is required.

My brother and I decided to rent premises at a school and teach for a fee (Greco-Roman wrestling). I have a higher education. Please tell me what awaits us and where to start. If I understand correctly, you initially need to open an individual entrepreneur?! Initially, you should monitor the situation regarding the possible conclusion of an agreement with the school, since it is not so simple, and only then register an individual entrepreneur.

Can a school director open an individual enterprise, that is, by renting space in a store to sell popcorn next to his own school?

Hello! No. By virtue of the provisions of the Law “On the Fight against Corruption”, the school director is equated by law with state officials. They are prohibited from commercial activities.

1. Is it possible for a speech therapist to rent space at a school for his private lessons?
2. Is only an education diploma sufficient for this type of activity (private students on territory rented at the school), or do I need to organize some kind of license or emergency?

1) if there is the consent of the founder 2) To conduct this type of activity, you must contact the tax authority to register you as an individual entrepreneur.

I am an individual entrepreneur, I want to rent a room in a school for a choreography class to provide services to the population. The director says that an auction needs to be held. Help me get around this situation.

Hello. Yes, you need to sign a contract. Have you applied?

I'm in college. The college rents classroom space from the school. The school decided to install turnstiles. To pass the turnstile you need a pass card, for which they require 150 rubles + 50 rubles every month for extending the life of the card. College tuition is paid, but they require an additional fee for a pass card. Is this legal?

Yes, it's legal. Why should you be given an exception?

Renting out property assigned to the school

The founder assigns property to state and municipal educational institutions with the right of operational management (Article 120 of the Civil Code of the Russian Federation, clauses 1 and 2 of Article 39 of the Law of the Russian Federation “On Education”).

The right to lease property belongs to its owner. Lessors can also be persons authorized by law or the owner to lease property (Article 608 of the Civil Code of the Russian Federation).

According to Art. 296 of the Civil Code of the Russian Federation, an institution, in relation to the property assigned to it, exercises, within the limits established by law, in accordance with the goals of its activities, the tasks of the owner and the purpose of the property, the right to own, use and dispose of it. In accordance with paragraph 11 of Art. 39 of the Law of the Russian Federation “On Education”, an educational institution has the right to act as a tenant and lessor of property. The charter of an educational institution must regulate the procedure for the activities of the educational institution in the delivery of property as a form of using the property assigned to the educational institution and carrying out business activities (clause 6, paragraph 1, article 13 of the Law of the Russian Federation “On Education”).

In addition, the Law of the Russian Federation “On Education” as amended. Federal Law No. 122-FZ of August 22, 2004 establishes the need to reflect in the section of the charter devoted to the structure of financial and economic activities, “a ban on transactions, the possible consequences of which are the alienation or encumbrance of property (that is, the emergence of rights to property in third parties ), assigned to an educational institution, or property acquired from funds allocated to this institution by the owner of the educational institution” (clause 6 “e”, clause 1, article 13). This requirement when interpreted literally, it casts doubt on the very possibility of leasing the property of state and municipal educational institutions. Law enforcement practice shows that relations for leasing school property are carried out on the basis of clause 11 of Art. 39 of the Law of the Russian Federation “On Education”, according to which an educational institution has the right to act as a tenant and lessor of property, while no exceptions are established for state or municipal institutions.

The mentioned Federal Law No. 122-FZ excluded from the Law of the Russian Federation “On Education” the norms establishing the specifics of leasing property of a state or municipal educational institution - the need to obtain consent to leasing property from the founder. However, this does not mean that now schools can rent out property without any restrictions, without the knowledge of the founder. Indeed, in any case, the conclusion of a lease agreement must be preceded by an expert assessment of the consequences of such an agreement for ensuring the education, upbringing, and development of children, which carried out by the founder. If, as a result of an expert assessment, the possibility of deterioration of these conditions is established, then the lease agreement cannot be concluded. And if such an examination was not carried out, the lease agreement may be declared invalid (Clause 4, Article 13 of the Federal Law “On Basic Guarantees of the Rights of the Child in the Russian Federation”). At the federal level, the procedure and criteria for conducting expert assessments have not been regulated in any way. Therefore, in fact, the founder has quite a lot of discretion when conducting an expert assessment, and in practice it is equivalent to giving his consent to rent out the property. Appendix No. 6 provides an approximate form of an expert assessment report developed by the Education Committee of St. Petersburg.

It should be specifically noted that it is unlawful for the owner to hand over property assigned to state and municipal educational institutions. As noted above, according to general rule the lessor of the property is its owner, however, the Civil Code of the Russian Federation, while defining the rights of the institution and the owner of the property assigned to it, does not provide for the right of the owner, at his own discretion, to dispose of the property assigned to the educational institution, with the exception of cases of seizure of excess, unused or misused property . The owner has the right to dispose of the property at his own discretion only after its removal, those. termination of the right to operational management of an educational institution (clause 2 of Article 296 of the Civil Code of the Russian Federation).

Thus, the local administration, exercising the powers of the owner of the municipal school property, has the right to lease or otherwise dispose of the school property only after its seizure in the cases provided for in paragraph 2 of Art. 296 of the Civil Code of the Russian Federation, and termination of the right of operational management of the institution to such property. This position is also supported by judicial practice (see, for example, the decision of the Federal Arbitration Court of the Moscow District of January 20, 2005 in case No. KG-A40/12160-04).

The lease agreement must comply with the requirements of Chapter 34 of the Civil Code of the Russian Federation.

The lease agreement for any property to which the school is a party must be in writing. A lease agreement for real estate - buildings, structures, school premises, concluded for a period of at least a year, is subject to state registration and is considered concluded from the moment of such registration (clause 2 of Article 651 of the Civil Code of the Russian Federation).

State registration of rights to real estate and transactions with it is carried out by the territorial body of the Federal Registration Service of the Ministry of Justice of the Russian Federation, operating in the territory of the corresponding registration district at the location of the real estate (Clause 1, Article 9 of the Federal Law “State registration of rights to real estate and transactions with him").

An application for state registration of the right to lease real estate can be submitted by one of the parties to the lease agreement for real estate (Clause 1, Article 26 of the Federal Law “On State Registration of Rights to Real Estate and Transactions with It”).

In the event that a building, structure, premises in them or parts of premises are leased, floor plans of the building, structure, which indicate the premises for rent indicating the size of the rented area, are attached to the real estate lease agreement submitted for state registration of rights . A lease agreement for a premises or part of a premises is registered as an encumbrance on the rights of the lessor of the corresponding premises (part of the premises) (Clause 3, Article 26 of the Federal Law “State Registration of Rights to Real Estate and Transactions with It”).

Appendix No. 5 presents a model of a lease agreement for school premises for the sale of stationery and educational literature.

The Budget Code of the Russian Federation considers funds received in the form of rent or other payment for the temporary possession and use or temporary use of property located in the state or municipal property, after paying taxes and fees provided for by the legislation on taxes and fees, as revenues of the relevant budget (clause 1 of article 42). Funds received from the rental of property are usually reflected in the personal accounts of budgetary educational institutions opened with the treasury authorities and are directed to their maintenance as an additional source of budget financing. Such a norm must be present in the regional or municipal budget (depending on who is the owner of the institution) for the corresponding year*. Thus, income from rental property of state and municipal educational institutions can be considered as a source of additional funding for the school only if there is a special decision of the founder-owner.

When renting premises, should a school charge tenants a fee to offset their costs of maintaining the property? And how to do this correctly in the following situations:
1. If the school premises are rented to hourly rental under contract free use(for example, a gym is rented to a sports school) and the tenant pays utility costs?
2. Are the premises completely rented out for free use, are utility costs paid?
3. Are the premises leased under a lease agreement, are rent paid and utility bills paid?
What regulatory requirements must the school bill based on?
Where should this be stated: in the additional agreement or in the main agreement?

Additional Information: the school has five tenants, contracts with whom were drawn up a long time ago; cooperation proceeds without issuing invoices for operating costs, however, the district administration requires this to be done, calculating participation in the costs of maintaining the property in proportion to the occupied space.

Answer

These issues are regulated by contracts. Such obligations can be formalized both by concluding additional agreements to the main contracts and by concluding independent contracts. This requires the consent of tenants and borrowers.

Rationale
An agreement on the rental of school premises is an agreement between two or more persons to establish, change or terminate civil rights and obligations (Civil Code of the Russian Federation).

Obligations arise from contracts and other transactions (Civil Code of the Russian Federation). The terms of the agreement are determined at the discretion of the parties (Civil Code of the Russian Federation).

Whether the school should collect fees for the maintenance of property from tenants (under a lease agreement) and borrowers (under an agreement for free use) and issue invoices to them depends on the content of the agreements themselves. If the terms of the lease agreements for school premises provide for this, then the school may do this. If the contracts do not contain such conditions, then there is no reason for this.

Unilateral changes to the terms of the contract are not allowed (Civil Code of the Russian Federation). This means that the terms of the agreement cannot be changed without the consent of the tenants and borrowers. Without their consent, the terms of contracts can only be changed in court.

If the parties agree to new conditions, then changes can be made to the agreement on the rental of school premises by concluding an additional agreement. The additional agreement is an integral part of the main agreement. Reimbursement of costs for maintaining property can also be fixed in a separate contract (agreement).

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Renting premises at school

How much should it cost to rent school premises, cost per month?

Hello, this issue is determined by the management of the educational organization and is coordinated with the education department.