Having owned non-residential premises, many owners prefer to rent it out, providing themselves with a constant and quite decent income. But, before handing over the real estate, you need to decide on the rental price– after all, the efficiency of delivery of the property and the constant availability of a tenant, and therefore the owner’s income, depend on the rent declared by the owner. In this material we will describe in detail how to calculate the amount of payment for non-residential real estate intended for rent, and we will give a specific example of calculating the rent for non-residential premises.

General provisions on rent

Before telling you how to calculate the cost of renting a room, you need to understand what is rent what types of rent are there, which directly affects its value and answer other questions.

Calculation of rent for non-residential premises depends on many parameters

Definition

The Civil Code of the Russian Federation provides a clear definition of the concept of rent. This is a payment of a set amount, which is paid by the tenant for the temporary use of a non-residential property. Moreover, the object can have a different area and purpose.

It is important that the income received by the tenant from the activities of the tenant of the premises does not affect the amount of rent - this applies to both extremely profitable production and business that brings modest income. Based on the concluded agreement, the tenant is obliged to make payments in accordance with the established schedule and strictly in the amount specified in the documents.

Important! When transferring a non-residential property for rent, regardless of its size, it is necessary to draw up an appropriate agreement. It specifies all the important features of the transaction, as well as the rights and obligations of its participants. It is on the basis of this document that the relationship between the owner of the property and the tenant is determined, all calculations are made and other issues are resolved.

In the absence of an agreement, the premises cannot be rented out, but the main thing is that you will not be able to defend your own interests if the agreement and the rights of the owner of the object are violated. Not every agreement will need to be registered in the State Register, but, in any case, it reliably protects the parties to the transaction from all sorts of problems.

Non-residential premises leased may belong to municipalities and private individuals

Premises rental fee: types

Any non-residential property, either owned by the municipality/state or owned by an ordinary citizen, can be leased. Wherein Each case has its own nuances:

1. Leasing of municipal/state property does not imply VAT. To complete the transaction, participation in a specially organized auction is required. Information about its holding is published in the media a month before the scheduled date. The amount of the rental payment can be changed no more than 2 times every 12 months (the revision rules are specified in the lease agreement). This transaction is subject to mandatory registration. A non-residential property owned by municipal authorities can be leased exclusively to legal entities.
2. Transfer of non-residential real estate owned by a private person, under a lease agreement. In this case, the rental rate is set by the owner of the property, and the use of special calculation formulas is not necessary. However, the owner of non-residential premises who rents them out is required to pay income tax. For citizens this is 13%, and organizations, in addition to income tax at the current rate, pay VAT.

Parameters affecting the rent amount

Regarding the calculation of rental payments, there is a specific calculation method, which we will discuss in detail below. The amount of rent and the procedure for paying it is one of the main points of any lease agreement. Payment, as agreed by the parties, can be expressed in various ways:

• fixed entirely for non-residential premises;
• price per unit area multiplied by the total area of ​​the object;
• fixed rate + payment for housing and communal services.

Rent for non-residential premises can be expressed in different ways

The calculation of the rental rate is influenced by various factors, in particular:

• location of the object, for example, district, presence of access roads, etc.;
• surrounding infrastructure;
• condition of the property being rented, availability of communications;
• deterioration of the structure;
• building materials used in the construction/repair of a building/premises;
• type of object transferred to the rental transaction;
• the key purpose of non-residential real estate and other factors.

Only the main parameters that affect the rental rate are listed here. For example, the lessor may include the use of the territory in it, on which the rental property is located.

Typically, the calculation of the rental rate is determined by the unit of area (sq. m.). Although the parties to the transaction may agree on other units of calculation. When signing a long-term contract (more than 12 months), the annual rate is usually used in calculations. The rate for non-residential real estate can be completely different and depends on the regional location.

The main differences in payment when renting non-residential and residential premises

There are a number of significant differences between leasing residential real estate and leasing non-residential premises. Let’s assume that when it comes to renting out residential real estate, a lease agreement must be drawn up. It stipulates the relationship between the tenant of the property and its legal owner, as well as the rules for settlements. Therefore, it is incorrect to apply the definition of “rent” to residential real estate, since it can only be transferred for temporary use under a lease agreement.

The rent and the rules for paying it must be specified in the contract

One more fundamental factor should be mentioned. Residential real estate on the balance sheet of the municipality can only be leased to an individual.

And if we talk about renting non-residential properties, including entire buildings, then there are no such restrictions - the contract can be concluded either with an ordinary citizen or with an organization. Moreover, a non-residential property can only be used for its intended purpose.

The municipal affiliation of a non-residential property involves a number of other important nuances. In particular, the term of the lease agreement cannot be less than 12 months, and the tenant must make the payment stipulated by the terms of the transaction on time. Otherwise, the agreement will lose its force and will be terminated by the lessor unilaterally. But when the obligations under the contract are clearly fulfilled, in accordance with its terms, then after the expiration of its validity, a bona fide tenant has the right to transfer the non-residential premises into personal ownership by purchasing it.

Another key factor that distinguishes the payment of rent for different types of premises is that for non-residential real estate, the bet consists of 2 parts:

1. Expenses, the amount of which includes costs determined by the maintenance of the building/premises and payment of housing and communal services (often the documents state that utility payments are made separately by the tenant).
2. The income part, which consists in the fact that the owner of non-residential real estate transferred for temporary use expects to receive direct income. Regarding the tenant's activities, it will not affect the rate.

Calculation of payment amount for rent of non-residential real estate

Typically, the rental rate for a non-residential property is calculated for 12 months. Moreover, Order of the Ministry of Construction No. 209 dated 14 IX 1992 recommended using the established method for calculations. The formula for calculating the rate will look like this:

AP=AI+AZ, in it

AP– the full amount of payment charged for renting real estate and specified in the transaction documents;

AI– payment of property rental, which includes a full calculation of the building/premises;

AZ– payment of rent for the territory on which the property is located. This value depends on the regional location of the facility; it should be clarified with the local administration.

Moreover the AI ​​value is calculated as follows:

AI = BGA*KG*KM*KV*KD*KKN*KSA*PO, Where

BGA– basic annual rental rate per square meter, this does not include the area of ​​technical premises (basements, attics), staircases, etc.

KG– a value determined by law and taking into account the location of a non-residential property (region/city/district).

KM- a coefficient that takes into account the materials used to construct walls.

HF– type of non-residential object.

KD– coefficient reflecting the type of activity of the tenant.

KKN– object quality factor:

KKN= K1+K2+K3

K1 – parameter of the degree of improvement;

K2 – location of the object;

K3 – ease of use parameter.

KSA– a parameter displaying the transfer of an object to third parties (sublease).

BY– area of ​​the rental property (total).

An example of calculating rent for non-residential real estate

Calculating the annual rental rate is a rather complicated process. That's why, Without the relevant experience, it is advisable to involve a specialist in this.

To calculate the rental rate for non-residential premises, it is advisable to invite a specialist

As a sample calculation, let’s take the calculation of the annual rate for a municipal facility in Stupino (Moscow). The municipality has approved the base rate per square meter of 350 rubles, for this territory a coefficient of 1.25 has been established.

All other values ​​that are taken into account in the calculations need to be clarified in the annex to the above Order of the Ministry of Construction.

Based on the calculation methodology, the following values ​​are established for this case:

1. For wall construction materials, the following values ​​are provided: brick - 1.5, reinforced concrete structures - 1.25, buildings made of mixed materials - 1, wooden house - 0.8.
2. By type of real estate - warehouse/industrial building/premises: for premises with central heating, a coefficient of 0.5 is provided (unheated facility - 0.3). For other premises - 1.
3. Location of the object. When the rented area is located in the basement, a coefficient of 0.19 is taken into account for the calculation, for detached objects - 0.54, area in the attic - 0.26, for various extensions - 0.32.
4. Use of the adjacent territory. If there is a fence on the territory, the value is 0.27, if there are none – 0.16. And if it is not possible to use the adjacent territory, then the coefficient is 0.1.
5. When taking into account the direction of the tenant's activity, the following coefficients are established: notary/legal/banking/intermediary organizations - 3; hotel/security business and company office – 2.5; restaurant business and pawn shops – 2; catering and trade – 1.5; medical institutions of various formats – 1.

All rental rate calculations must be made in writing and attached to the contract

And in conclusion it should be noted that everything calculations must be reflected in writing and presented as an annex to the main agreement. This will protect transaction participants from problems with fiscal authorities.

The economic situation in the country is such that growing and selling agricultural products has become very profitable. But, as in any business, you first need to calculate the prospects, costs and profits received, so as not to make mistakes and not burn out.

If you have enough money for your business, you can. But most people are unable to do this. But it is not necessary to purchase land; you can rent it. First you should find out how the cost of renting land is calculated, according to what laws it changes.

How is rent calculated?

Initially, it should be mentioned that renting land from a private owner and from the state is not the same thing. When setting the rental price, the state is guided by objective indicators of the value of the land: its location, intended purpose, urban plans for the land. A private owner or company can focus on subjective ways of assessing land lease: the “popularity” of the territory, communications on it, their own interests.

Therefore it is necessary divide the rental price into standard value, cadastral and market value. Each of them is determined by its own rules and influences each other. First, let's talk about general formulas and factors that influence the increase or decrease in rent.

The amount of any rent must be specified in the contract.

Standard rent

The cost is set by the state and local governments. It does not change over time due to market fluctuations and other changes. The standard cost is calculated based on its location.

• for subsidiary farming - dacha;
• – arable land;
• industry – areas for the construction of factories;
• settlements – zones for the construction of shops, retail and office buildings.

When setting rent, two important indicators are taken into account.

1. Geographical location of the natural area, economic development of the city. It is logical that agricultural land located in the south of the country is ten times more expensive than similar areas in the north. For industrial and other areas, the nearby city is of great importance. Land near Moscow is 3-4 times more expensive than land near other cities in the country.
2. The value of the site for the city, region. Each type of land (according to its intended purpose) has its own priority indicators of value. There are many parameters taken into account here:
   • engineering and construction value;
   • social, economic role;
   • natural qualities of the territory;
   • historical and architectural value;
   • other parameters.

The cost of renting agricultural land in the Ivanovo region (1 hectare costs about 30,000 rubles) and the cost of renting land for construction in the center of Moscow (1 hectare of land can cost several million rubles) are significantly different. A more accurate price for renting a land plot can be obtained directly from the city administration or from the village council.

Cadastral value

State cadastral valuation is mandatory for each plot of land, since it takes into account many important factors that influence the final cost of land rental. Often the cadastral value becomes the market value.

1. During the cadastral valuation, data on the boundaries, area and plan of the territory are officially measured and recorded. It is these characteristics that must be taken into account when calculating the actual rent.
2. Communications on the site are assessed. It is logical that land with a power line, water supply and sewerage system should be valued at a higher price.
3. The various buildings on the site and their condition are assessed and documented. The price of renting agricultural land is increased by greenhouses, buildings for equipment and equipment.
4. The distance not only to roads, but also to forests, reservoirs, and other natural objects is taken into account. Having them nearby increases the value of any land. The presence of nearby wetlands or polluted areas can have a negative impact.
5. An important indicator is the terrain. Site unevenness becomes a problem in any land use. The topography of the surrounding area also matters. The low-lying area will be regularly flooded.
6. For agricultural lands, crop rotation or soil characteristics will be an equally important indicator. Another important point is the need to pre-cultivate the land before sowing.

Market rental price

It may seem that the cadastral value of land should correspond to the market value. But this is not always the case. Despite the obvious dependence, the market value is sometimes very different from the cadastral value.

The fact is that the final amount is influenced by the main market factors - supply and demand. And they are seriously influenced by the psychology of individuals and masses, the economic and political situation in the country and region.

Land in urban areas is most susceptible to market fluctuations. The price is influenced not only by objective factors (proximity of shops, significant streets), but also by subjective and irrational conditions. These include the “prestige” of the area – the proximity of parks and recreation areas, architectural monuments, the allocation of the area “for the rich”.

Land of agricultural and industrial importance has greater objectivity in market valuation. But here, too, the expectations and reliability of the people play a role. The country's economy is expected to improve, therefore, the activity of entrepreneurs is increasing and the desire to open enterprises is increasing. And if the demand for land development by these enterprises increases, then the rental price also increases.

In other words, one must always take into account the demand for land, and not just objective data. Sometimes the demand for land rental can rise for no apparent reason at all. For example, entrepreneurs planned to open a business. Suddenly a crisis broke out, and business risks increased, therefore, the demand for land fell. But at the same time, the demand for rentals increased, although it should also have fallen. This happened due to the fact that some entrepreneurs decided not to buy land, but to lease it.

Rental cost analysis and forecast

To make it clearer how the land rental price is formed, it is better to analyze its fluctuations using specific examples. Before we assume the development of future events, let's look at what the past can teach us.

Review of historical value changes

If we take the total cost of rent over a long period from 2000 to the present day, we can see a direct dependence of the price on the economic situation in the country.

Since 2000, rental prices have been constantly growing and accelerating: the closer the chart gets to 2008, the steeper the rise in rental costs becomes.

In 2008, the graph drops sharply - this clearly shows not only the strength of the “banking” crisis, but its absolute unexpectedness.

But after an equally steep drop, the cost of land and rent quickly recovers and begins to go up again, although not so quickly. This shows that although the crisis was terrible, it still had a completely worthy solution to all problems.

A new drop in rental prices occurred in 2014 and was associated with the political situation in the country. It is really difficult to open a business and rent a plot when the population simply has no money. But the interesting thing is that the cost of rent for agricultural land not only fell more slowly, but even began to grow. This is how you can see in practice the government’s adoption of an embargo law and the introduction of subsidies for agricultural producers.

If we look at the cost of renting land over a shorter period of time, we will see a clear dependence on the weather outside and the mood of citizens. For example, the cost of renting industrial and office premises falls sharply from January 1 and rises just as strongly from January 10-12 of each year. You can immediately see when the whole country goes on vacation. And the cost of renting agricultural land increases in the spring and falls in the fall. Thus, one can clearly see the dependence of prices on market demand.

Current situation

Despite the period of relative stabilization of the economic situation, the cost of renting land continues to fall. She does this no longer as willingly as in 2014-2015, but the trend is clearly visible. Only agricultural land differs, but since June 2016 prices have also been going down. This is due to the end of the sowing period. The price of renting land for cottage and dacha construction is also falling.

The rental amount is set by the state. Typically, the cost of land for rent is 1.5% of its estimated cadastral value.

Future price forecast

The cost of renting land depends on the situation in the country. The crisis is still ongoing, but it cannot last forever. Just as in 2008, the fall in land prices was soon replaced by a new rise, so now broken relations with Europe must be replaced by domestic production. It was recently announced that for the first time since 2014, the country's GDP stopped falling and began to grow slightly. This means that the peak of the crisis has passed and a new recovery is beginning. This means that rental prices will also go up soon.

Real estate market experts predict that in 2019 the cost of renting land will directly depend on the internal economic situation in the country, but there is already a tendency for prices to rise.

The average annual rental payment is 800 rubles. The right to rent costs 10,000 - 15,000 rubles.

The cost of processing documents is 5,000 rubles + 1,000 rubles state duty.

Formulas for calculation

Note that the cost of rent varies greatly depending on who we take it from - a private owner or the state.

Calculation of lease of state lands:

A = K * %, where

• A– rent, which is essentially a tax;
• TO– cadastral value of land;
• % — a coefficient depending on the type of tenant and the purpose of the lease.

The last coefficient takes several values:

• 0,01% - for any persons who have the right to tax exemption or tax benefits;
• 0,6% — for plots for subsidiary farming, gardening, vegetable gardening, farming, for agricultural needs;
• 1,5% — for territories for the construction of industrial zones, residential and other buildings;
• 2% - if the lease is for the extraction of minerals

Calculation of private land lease:

A = C * %, where

• A– rent per year;
• C– market price of land;
• % – the size of the Central Bank refinancing rate.

The second formula takes into account exactly the market value, and we already know that it can exceed the cadastral value. At the same time, factors that increase cost are not always logical and objective. The market value of the land must be determined by an independent company six months before the client takes ownership.

The refinancing rate is taken into account at the beginning of the year when the lease agreement was concluded. That is, if the land lease agreement from May to September 2019 was concluded in December 2018, then the rate will be 7.75%% - the Central Bank rate in 2018.

When renting land from a private owner, the client cannot receive any benefits. For example, the same coefficient for leasing state land may be 0.01%. Of course, to obtain such a rate you will need a lot of paperwork. But at the same time, the maximum rate for leasing state lands is only 2% - for mining. It turns out that leasing land from the state is more profitable in any case.

Examples of calculations

Let's take Ivan Ivanovich, who decided to rent land for gardening. The rental period is May-September (inclusive) 2016, the market valuation of the land was carried out in December 2015 (for six months according to the rules), the contract was concluded at the same time. The cost of land for the summer of 2016 is estimated at 100,000 rubles.

1. Central Bank rates in 2015 – 8.25%.
2. Market value – 100,000 rubles.
3. Annual rent = 100,000 * 8.25% = 8,250 rubles per year.

For the period from May to September (5 months) Ivan Ivanovich will pay 3,437 rubles and 50 kopecks.

Let's take another example - Sergei Petrovich decided to open a small cafe in the city. I decided to take the land for this from the regional government. The lease period is the whole of 2016, the cadastral valuation was carried out in June 2015 and the contract was immediately concluded. The cadastral value of the land was 300,000 rubles.

1. The cadastral price is 300,000 rubles.
2. The coefficient is 1.5%, since a cafe is being built.
3. Annual payment = 300,000 * 1.5% = 4,500 rubles

Current nuances of renting a land plot

In addition to calculating the rent, many other issues need to be resolved in order to obtain a plot of land for free use. Detailed explanations about the most important aspects of purchasing and leasing a plot of land that any land user should know are in the video.

THE GOVERNMENT OF MOSCOW

RESOLUTION

On the main directions of rental policy for the provision of non-residential premises owned by the city of Moscow *

Document with changes made:
(Bulletin of the Mayor and Government of Moscow, N 61, 05.11.2013);
(Bulletin of the Mayor and Government of Moscow, N 71, 12/26/2013);
dated June 18, 2014 N 349-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 06/19/2014);
(Official website of the Mayor and Government of Moscow www.mos.ru, 07/02/2014);
Decree of the Moscow Government of September 17, 2014 N 541-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 09.18.2014);
Decree of the Moscow Government of November 11, 2014 N 650-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 11/12/2014);
Decree of the Moscow Government of December 9, 2014 N 739-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 12/11/2014);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/26/2014);
Decree of the Moscow Government of February 24, 2015 N 70-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 02/25/2015);
(Official website of the Mayor and Government of Moscow www.mos.ru, 07/15/2015);
(Official website of the Mayor and Government of Moscow www.mos.ru, 08/27/2015);
Decree of the Moscow Government of December 17, 2015 N 897-PP (Official website of the Mayor and Government of Moscow www.mos.ru, 12/18/2015);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/22/2015) (came into force on January 1, 2016);
Decree of the Moscow Government of November 28, 2016 N 785-PP (Official website of the Mayor and Government of Moscow www.mos.ru, November 28, 2016);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/02/2016) (effective from January 1, 2017);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/22/2016) (effective from January 1, 2017);
(Official website of the Mayor and Government of Moscow www.mos.ru, 03/28/2017);
(Official website of the Mayor and Government of Moscow www.mos.ru, 04/20/2017);
(Official website of the Mayor and Government of Moscow www.mos.ru, 07/11/2017);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/18/2017) (came into force on January 1, 2018);
(Official website of the Mayor and Government of Moscow www.mos.ru, 04/17/2018);
(Official website of the Mayor and Government of Moscow www.mos.ru, 12/18/2018) (came into force on January 1, 2019);
(Official website of the Mayor and Government of Moscow www.mos.ru, 04/17/2019);
(Official website of the Mayor and Government of Moscow www.mos.ru, 07/03/2019).
____________________________________________________________________

________________

by Decree of the Moscow Government of April 16, 2019 N 369-PP ..

In order to exercise the powers of the constituent entity of the Russian Federation of the city of Moscow to manage state property of the city of Moscow and provide property support to entities leasing non-residential facilities owned by the city of Moscow, in accordance with the requirements of Federal Law of July 26, 2006 N 135-FZ "On protection of competition" Moscow Government
(Preamble as amended, put into effect by Decree of the Moscow Government dated April 16, 2019 N 369-PP.

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).
Decree of the Moscow Government dated August 26, 2015 N 544-PP; Decree of the Moscow Government dated April 16, 2019 N 369-PP.

1(1). To establish that the procedure for determining the amount of rent, defined in Appendix 1 to this resolution, applies to existing and newly executed lease agreements for non-residential premises located in the property treasury of the city of Moscow, with the exception of lease agreements concluded as a result of tenders, as well as lease agreements , for which fixed rental rates are applied, established by the Moscow Government.
(The paragraph was additionally included from September 7, 2015 by Decree of the Moscow Government of August 26, 2015 N 544-PP)

1(2). Establish that the procedure for determining the amount of rent, determined by paragraph 4 of Appendix 1 and Appendix 3 to this resolution, is applied when agreeing on transactions for the transfer of ownership and (or) use to individuals - owners of residential premises located in an apartment building, or citizens who have the right to use residential premises located in an apartment building, provided under rental agreements, for the placement of vehicles of parts of buildings or structures (car spaces) located within the administrative boundaries of the city of Moscow, carried out by state unitary enterprises (state enterprises, state-owned enterprises) of the city of Moscow , government agencies of the city of Moscow.
(The paragraph was additionally included by Decree of the Moscow Government dated April 16, 2019 N 369-PP; as amended by Decree of the Moscow Government dated July 2, 2019 N 748-PP.

2. Establish for 2019 the minimum rental rate for 1 square meter of non-residential premises located in the property treasury of the city of Moscow, located within the administrative boundaries of the city of Moscow, in the amount of 4,500 rubles per year. The rental rate for 1 square meter of non-residential premises located in the property treasury of the city of Moscow cannot be lower than the minimum, unless otherwise established by legal acts of the Moscow Government.
(Paragraph as amended, put into effect on January 1, 2018 by Decree of the Moscow Government of December 15, 2017 N 1018-PP by Decree of the Moscow Government of December 18, 2018 N 1580-PP.

The initial (minimum) price of a lease agreement for a non-residential property put up for auction and included in the List of state property intended for transfer into possession and (or) use of small and medium-sized businesses and organizations forming the infrastructure for supporting small and medium-sized businesses, approved The Government of Moscow or the authorized executive body of the city of Moscow in accordance with, is established in the amount of the minimum rental rate determined by the first paragraph of paragraph 2 of this resolution.
(The paragraph was additionally included from May 1, 2017 by Decree of the Moscow Government of April 19, 2017 N 208-PP by Decree of the Moscow Government of April 17, 2018 N 326-PP.

The initial (minimum) price of a lease agreement for a non-residential property located in the basement, put up for auction and included in the List of state property intended for transfer into possession and (or) use of small and medium-sized businesses and organizations that form the infrastructure for supporting small businesses and medium-sized businesses, approved by the Moscow Government or the authorized executive body of the city of Moscow in accordance with Federal Law of July 24, 2007 N 209-FZ “On the development of small and medium-sized businesses in the Russian Federation”, is set at 1000 rubles per 1 sq. meter per year.
(Paragraph additionally included on April 28, 2018 by Decree of the Moscow Government dated April 17, 2018 N 326-PP)
(Clause as amended, put into effect on July 13, 2014 by Decree of the Moscow Government of July 1, 2014 N 364-PP, by Decree of the Moscow Government of December 24, 2014 N 816-PP; as amended by Decree of January 1, 2016 Moscow Government dated December 22, 2015 N 907-PP; as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 2, 2016 N 812-PP.

3. When calculating the rental rate under lease agreements (except for lease agreements concluded as a result of auctions), annually from January 1 of the current year, apply a deflator coefficient taking into account the index 1.05:
(Paragraph as amended, put into effect on January 6, 2014 by Decree of the Moscow Government dated December 23, 2013 N 869-PP; as amended, put into effect on January 1, 2015 by Decree of the Moscow Government dated December 24, 2014 N 816-PP; as amended, put into effect on January 1, 2019 by Decree of the Moscow Government of December 18, 2018 N 1580-PP.

3.1. The clause became invalid on July 13, 2014 - Moscow Government Resolution No. 364-PP dated July 1, 2014..

3.2. Under current lease agreements for non-residential premises located in the property treasury of the city of Moscow, with categories of tenants, the purposes of using the non-residential property, provided for in Appendix 1 to this resolution, the rental rate for which is determined on the basis of the conclusion of an independent appraiser on the market value of the annual rent, and also in the form of an estimated rental rate determined using a correction factor.
(Clause as amended, put into effect on September 7, 2015 by Decree of the Moscow Government dated August 26, 2015 N 544-PP.
____________________________________________________________________
Clause 3 is suspended:
until December 31, 2018 - paragraph 3 of the Moscow Government Decree dated December 15, 2017 N 1018-PP.
____________________________________________________________________

4. The clause became invalid on January 1, 2015 - Moscow Government Decree No. 816-PP dated December 24, 2014..

4(1). Establish that:

4(1).1. Under existing and newly executed lease agreements for non-residential premises with categories of tenants, the purposes of using the non-residential property, provided for in Appendix 1 to this resolution, leased on preferential terms, except in cases of rent arrears for two consecutive payment periods or underpayment of rent payment resulting in arrears exceeding the amount of rent for two payment periods (hereinafter referred to as violation of payment discipline), the use of non-residential premises located in the property treasury of the city of Moscow for a purpose not provided for in the lease agreement, as well as in the transfer of leased property to sublease without consent The lessor sets the following rental rates (hereinafter referred to as preferential rates):
(Paragraph as amended, put into effect on July 26, 2015, by Decree of the Moscow Government dated July 15, 2015 N 440-PP; as amended, put into effect on September 7, 2015 by Decree of the Moscow Government dated August 26, 2015 N 544-PP.

Minimum rental rates established by the Moscow Government when approving the forecast for the socio-economic development of the city of Moscow for the corresponding financial year;

Fixed rental rates established by the Moscow Government;

Estimated rates determined from the market rental rate established by the conclusion of an independent appraiser, using a reducing adjustment factor established by a legal act of the Moscow Government."

4(1).2. If tenants violate payment discipline under lease agreements for non-residential premises leased on preferential terms:

4(1).2.1. If the tenant repays the debt within 45 days from the date the Department of City Property of the City of Moscow sent the corresponding notice, the current preferential rate established in the lease agreement for non-residential premises for the corresponding year is maintained.

4(1).2.2. If the tenant fails to repay the debt within 45 days from the date the Moscow City Property Department sent the relevant notice, the current preferential rate established in the lease agreement for non-residential premises for the corresponding year is applied with an adjustment factor of 1.25.

4(1).2.3. If, when applying the adjustment factor of 1.25 (clause 4(1).2.2 of this resolution), the rental rate exceeds the amount determined in the prescribed manner based on the conclusion of an independent appraiser on the market value of the annual rent, then in relation to the specified non-residential premises the rental rate is determined based on the opinion of an independent appraiser.

4(1).3. If tenants repeatedly violate payment discipline under lease agreements for non-residential premises leased on preferential terms:

4(1).3.1. For lease agreements for non-residential premises with a preferential rate established in accordance with paragraph 4(1).2.1 of this resolution, an adjustment factor of 1.25 is applied, taking into account the provisions of paragraph 4(1).2.3 of this resolution.

4(1).3.2. If the tenant fails to repay the debt within 45 days from the date the Department of City Property of the City of Moscow sent the relevant notice under lease agreements for non-residential premises with the rent rate established in accordance with clauses 4(1).2.2 and 4(1).3.1 of this resolution, . The tenant loses the right to apply preferential rental rates under other lease agreements concluded with such a tenant and existing lease agreements for non-residential properties located in the property treasury of the city of Moscow.

4(1).3.3. If the tenant repays the debt within 45 days from the date the Department of City Property of the City of Moscow sent the corresponding notice under lease agreements for non-residential premises with a rental rate established in accordance with clauses 4(1).2.2 and 4(1).3.1 of this resolution, for subsequent years, the current preferential rate established in the lease agreement for non-residential premises for the corresponding year is maintained, using an adjustment factor of 1.25 and a deflator coefficient established by the Moscow Government for the corresponding year, except for the cases provided for in paragraph 4(1).4 of this resolutions.

4(1).4. In the event of subsequent violation by tenants of payment discipline under lease agreements for non-residential premises leased on preferential terms:

4(1).4.1. Under lease agreements for non-residential premises with a rental rate established in accordance with paragraph 4(1).3.3 of this resolution, the rental rate is established based on the conclusion of an independent appraiser on the market value of the annual rent.

4(1).4.2. If the debt is not repaid within 45 days from the date the Department of City Property of the City of Moscow sent a corresponding notice, as well as in the event of another violation of payment discipline by tenants who have repaid the debt (clause 4(1.4) of this resolution), the Department of City Property of the City of Moscow shall, in the prescribed manner, procedure for terminating lease agreements for non-residential premises at the initiative of the lessor with the collection of penalties provided for by the terms of the lease agreement.

4(1).5. In the event of sublease of non-residential premises (part of non-residential premises) provided for lease on preferential terms without the consent of the landlord, the Moscow City Property Department ensures recalculation of the rent at a rate determined in the prescribed manner based on the conclusion of an independent appraiser on the market value of the annual rent from the date of discovery in the prescribed manner by the authorized executive body of the city of Moscow of the fact of violation and until the expiration of the lease agreement. If the tenant repeatedly identifies or fails to eliminate such a violation within the prescribed period, the lease agreement is subject to termination at the initiative of the lessor in the prescribed manner with payment of a fine in the amount of the rental rate established for the corresponding year.
(Clause 4(1) was additionally included on July 13, 2014 by Decree of the Moscow Government dated July 1, 2014 N 364-PP)

4(2). When non-residential premises located in the property treasury of the city of Moscow are used for a purpose not provided for in the lease agreement, the City Property Department of the city of Moscow carries out, in accordance with the established procedure, termination of the lease agreement at the initiative of the lessor with payment of a fine in the amount of the rental rate established for the corresponding year.
(Clause 4(2) was additionally included on July 13, 2014 by Decree of the Moscow Government dated July 1, 2014 N 364-PP)

4(3). In the case of transfer in accordance with the established procedure to sublease of non-residential premises (part of non-residential premises) leased on preferential terms, a preferential rental rate is established for the part of non-residential premises not subleased. Wherein:

4(3).1. For part of the non-residential premises subleased to persons who, in accordance with this resolution, do not have the right to lease non-residential premises on preferential terms, the rental rate is established on the basis of the conclusion of an independent appraiser on the market value of the annual rent.

4(3).2. For a part of non-residential premises subleased to persons who, in accordance with this resolution, have the right to rent non-residential premises on preferential terms, the rent rate is set equal to the preferential rent rate under the lease agreement, unless otherwise established by legal acts of the Moscow Government.
(Clause as amended, put into effect on September 7, 2015 by Decree of the Moscow Government dated August 26, 2015 N 544-PP.

4(4). Approve monthly rental rates for the placement of mobile radiotelephone base station equipment at approved facilities (Appendix 2).
Decree of the Moscow Government of July 15, 2015 N 440-PP)

4(5). The amount of the fee established in accordance with Appendix 2 to this resolution is subject to adjustment no more than once a year by the deflator coefficient annually approved by the Ministry of Economic Development of the Russian Federation.
(The clause was additionally included on July 26, 2015 by Decree of the Moscow Government dated July 15, 2015 N 440-PP)

4(6). Approve rental rates for parts of buildings or structures (parking spaces) intended to accommodate vehicles, located in the property treasury of the city of Moscow, located within the administrative boundaries of the city of Moscow (Appendix 3).
by Decree of the Moscow Government of March 28, 2017 N 123-PP)

4(7). The amount of the fee established in accordance with Appendix 3 to this resolution applies to existing and newly executed rental agreements for parking spaces with individuals, with the exception of individual entrepreneurs who are the owners of residential premises in an 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 residing at the place of residence in accordance with the legislation of the Russian Federation in the specified apartment buildings.
(The clause was additionally included on April 8, 2017 by Decree of the Moscow Government dated March 28, 2017 N 123-PP)

5. To recognize as invalid:

5.1. Decree of the Moscow Government of March 21, 2006 N 207-PP “On measures of additional support in 2006 for federal government organizations and institutions working in the field of science, culture and education.”

5.2. Decree of the Moscow Government of March 6, 2007 N 151-PP "On introducing amendments and additions to the Moscow Government Decree of March 21, 2006 N 207-PP".

5.3. Clause 9 of the Moscow Government Resolution No. 1479-PP dated December 29, 2009 “On the implementation of additional measures of state support for organizations and enterprises leasing non-residential properties located in the property treasury of the city of Moscow for the period 2010-2012” regarding amendments to the resolution Moscow Government dated March 21, 2006 N 207-PP.

6. The clause has lost force since November 16, 2013 - ..

7. The clause has lost force - resolution of the Moscow Government of December 17, 2015 N 897-PP ..

8. The clause became invalid on November 16, 2013 - Moscow Government Decree No. 710-PP dated October 29, 2013..

9. Control over the implementation of this resolution is entrusted to the Deputy Mayor of Moscow in the Moscow Government for economic policy and property and land relations V.V. Efimov.
(Clause as amended, put into effect on November 16, 2013 by Decree of the Moscow Government dated October 29, 2013 N 710-PP; as amended, put into effect on January 1, 2018 by Decree of the Moscow Government dated December 18, 2018 N 1580-PP; as amended by Decree of the Moscow Government dated April 16, 2019 N 369-PP.

Mayor of Moscow
S.S. Sobyanin

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

____________________________________________________________________
The appendix of the previous edition from July 26, 2015 is considered appendix 1 of this edition - Moscow Government Decree No. 440-PP dated July 15, 2015.
____________________________________________________________________

(As amended as introduced in
effective from September 7, 2015
by decree of the Moscow Government
dated August 26, 2015 N 544-PP. -
See previous edition)

List of cases of establishing rental rates under lease agreements for non-residential premises owned by the city of Moscow on preferential terms *

________________

* The title as amended, put into effect by Decree of the Moscow Government dated April 16, 2019 N 369-PP..

		Purpose of using a non-residential property	Amount of rent/procedure for determining the amount of rent per 1 sq. meter of rental object per year	Adjustment factor applied to the market value of the right of use under the terms of the lease agreement
	Commercial organizations, with the exception of business entities specified in paragraphs 2-19 of this appendix	Carrying out business activities, except for the purposes specified in paragraphs 2-19 of this appendix	The rent rate is established based on the opinion of an independent appraiser on the market value of the annual rent
	Legal entities	Carrying out legal activities	The rent rate is established based on the opinion of an independent appraiser on the market value of the annual rent
	Notaries, state notary offices	Carrying out notarial activities	The rent rate is established based on the opinion of an independent appraiser on the market value of the annual rent
		Use of one unit of auto or motorcycle transport owned by the tenant as a storage place	300 rubles
	Small businesses	Carrying out economic activities under the conditions established by the Moscow Government Resolution No. 800-PP dated December 25, 2012 “On measures of property support for small businesses renting non-residential properties located in the property treasury of the city of Moscow”	The rent rate is set by the Moscow Government
	Public associations (including political parties), their structural divisions and all types of branches registered as a legal entity		3500 rubles
by Decree of the Moscow Government of December 22, 2016 N 933-PP.
	All-Russian trade unions, all-Russian associations of trade unions, interregional trade unions, interregional associations of trade union organizations, territorial associations of trade union organizations, territorial organizations of trade unions registered as a legal entity	Carrying out the activities of supreme and executive management bodies	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Religious organizations, carrying out activities provided for by the charter and (or) regulations, registered as a legal entity	Carrying out religious rites and ceremonies, carrying out charitable activities, carrying out the activities of governing bodies of a religious organization	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP; as amended by Decree of the Moscow Government dated April 17, 2018 N 326-PP.
	Socially oriented non-profit organizations carrying out activities provided for, having a registration certificate of a participant in the Register of non-governmental non-profit organizations interacting with executive authorities	Carrying out activities from among the types of activities of socially oriented non-profit organizations provided for in Article 31.1 of the Federal Law of January 12, 1996 N 7-FZ "On Non-Profit Organizations"	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Other non-profit organizations, except for those specified in paragraphs of this appendix	Carrying out activities in accordance with the charter of a legal entity, with the exception of entrepreneurial activities	The rent rate is established based on the opinion of an independent appraiser on the market value of the annual rent
	Homeowners' Associations	Carrying out the activities of the board of the homeowners association	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Federal government bodies, federal government agencies, federal government agencies and government agencies of the city of Moscow	Carrying out activities provided for by the charter, regulations	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Chambers of Commerce and Industry	Placement of governing bodies of the chamber of commerce and industry, with the exception of entrepreneurial activities	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Creative unions, members of all-Russian creative unions and (or) regional branches of all-Russian creative unions	Placement in a non-residential premises of a creative workshop, studio; use of non-residential premises for the organization of non-state museums, galleries, libraries and other cultural objects open to the public	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Organizations, individual entrepreneurs	Placement of water supply facilities sewerage facilities, including centralized cold water supply and/or sewerage systems, individual objects of such systems	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Organizations whose maintenance costs are financed from the federal budget	Carrying out activities: In the field of culture; In the field of art; In the healthcare sector; In the field of education; In the field of labor and employment regulation; In the field of science, being a division of the Russian Academy of Sciences	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 22, 2016 N 933-PP.
	Persons with whom government contracts have been concluded as a result of competitions or auctions held in accordance with Federal Law of April 5, 2013 N 44-FZ "On the contract system in the field of procurement of goods, works, services to meet state and municipal needs", if the provision the specified rights were provided for by the tender documentation, auction documentation for the purposes of execution of this government contract	Placement of industrial solid waste processing facilities	1 ruble
	Educational organizations, with the exception of organizations that pay rent in a special manner in accordance with legal acts of the city of Moscow	Implementation of educational activities at the levels of secondary vocational and higher education, as well as additional education	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 2, 2016 N 812-PP.
	Organizations or individual entrepreneurs engaged in medical activities and licensed to carry out such activities	Carrying out medical activities	3500 rubles
(Clause as amended, put into effect on January 1, 2017 by Decree of the Moscow Government dated December 2, 2016 N 812-PP.
	Research, scientific and production organizations and institutions	Implementation of scientific research, scientific and production activities within the framework of the procurement of goods, works, services to meet government needs	3500 rubles
(The clause was additionally included on July 22, 2017 by Decree of the Moscow Government dated July 11, 2017 N 449-PP)

Note. If the tenant has the right to set rent on preferential terms for several reasons, the maximum rate from the relevant categories of the tenant and the purposes of use of the real estate property is applied to calculate the annual rent. This rule does not apply to tenants for whom certain legal acts of the Moscow Government have established fixed rental rates per 1 sq. m. meter of non-residential premises.

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 facilities...

(Extras included
from July 26, 2015 by resolution
Moscow Government
dated July 15, 2015 N 440-PP;
in the version put into effect
by decree of the Moscow Government
dated November 28, 2016 N 785-PP. -
See previous edition)

Monthly rental rates for the placement of mobile radiotelephone base station equipment at facilities approved by Moscow Government Order No. 752-RP dated November 29, 2012 "On approval of the List of state-owned objects of the city of Moscow for the priority placement of mobile radiotelephone base station equipment"

	Location of the real estate where the base station is located	Number of pipe stands for antenna placement	Monthly rental rate (RUB, including VAT) depending on the area occupied by the channel-forming equipment of the base station
	Outside the Moscow Ring Road, as well as within the territory,
	annexed to the city of Moscow in accordance with the Agreement on changing the border between
	constituent entities of the Russian Federation, the city of Moscow and the Moscow region dated November 29, 2011,
	approved by resolution of the Federation Council of the Federal Assembly of the Russian Federation
	dated December 27, 2011 N 560-SF "On approval of changes in the border between the constituent entities of the Russian Federation, the federal city of Moscow and the Moscow region", and in the city of Zelenograd
		more than 7
		more than 7
	Within the Garden Ring
		more than 7

Appendix 3. Rental rates for parts of buildings or structures (parking spaces) intended to accommodate vehicles, located in the property treasury of the city of Moscow, located within the administrative boundaries of the city of Moscow

Appendix 3
to the resolution of the Moscow Government
dated December 25, 2012 N 809-PP
(Extras included
from April 8, 2017
resolution
Moscow Government
dated March 28, 2017 N 123-PP)

Rental rates for parts of buildings or structures (parking spaces) intended to accommodate vehicles, located in the property treasury of the city of Moscow, located within the administrative boundaries of the city of Moscow

	Parking space location	Rent amount per 1 sq. object meter rent per year
	Outside the Moscow ring road, as well as within the boundaries of the territory annexed to the city of Moscow in accordance with the Agreement on changing the border between the constituent entities of the Russian Federation, the city of Moscow and the Moscow region dated November 29, 2011, approved by the resolution of the Federation Council of the Federal Assembly of the Russian Federation dated 27 December 2011 N 560-SF "On approval of changes in the border between the constituent entities of the Russian Federation, the federal city of Moscow and the Moscow region", and in the city of Zelenograd	2000 rubles
	Beyond the Third Ring Road to the Moscow Ring Road	2700 rubles
	Beyond the Garden Ring to the Third Ring Road	4100 rubles
	Beyond the Boulevard Ring to the Garden Ring	6000 rubles
	Within the boundaries of the Boulevard Ring	7300 rubles

Revision of the document taking into account
changes and additions prepared
JSC "Kodeks"

When a property owner wants to receive income from it, he has a question about how to calculate the rent for non-residential premises. If the rental price is too high, then tenants will not pay attention to it; a low price may also be a cause for concern. From the article you will learn what the differences are between renting residential and non-residential premises, what factors may influence the cost of rent and how to calculate it.

Differences between renting non-residential and residential premises

Many people are interested in the question of what is the difference between renting residential and non-residential premises. Renting a home involves concluding a rental agreement. It regulates the payment procedure, as well as the relationship between the owner and the tenant. It must be emphasized that a term such as “rent” cannot be applied to residential premises. You can receive premises only on the basis of a rental agreement.

Another important point cannot be ignored. Apartments and houses that are municipal property can only be provided to individuals. Renting non-residential premises is different in that:

• It is available only to legal entities and only on the basis of a specific agreement with the owner;
• The area can only be used for its intended purpose, you cannot live on it. The building is suitable only for warehouse or office purposes.

When the premises are on the balance sheet of the municipality, then:

• The contract period must be more than a year;
• The tenant undertakes to make payments on time, otherwise the contract is terminated;
• If obligations are strictly observed, the tenant can eventually buy the premises.

The rental rate in the case of non-residential territory differs in that the tariff consists of two parts: income and also expenses. The payment amount includes all costs, including utility bills and building maintenance. In some cases, the agreement stipulates that utility bills are paid separately.

The profitable part of the designated tariff is that the owner wants to make a profit. It is important to note that the tariff does not depend on the activities that the tenant will conduct. The payment amount may be for:

• Whole object;
• Volume of transferred area;
• Unit of component areas. For example, the payment for a unit of utility room in a store will be different from the payment for a unit of space in a retail space.

When drawing up the agreement, it is necessary to indicate what fee is provided. If it is not specified, the contract may be declared invalid. Sometimes, by agreement of the parties, the calculation scheme may change, but the written consent of each party is required.

Calculation of rental costs is influenced by various factors:

• Location of the building, development of infrastructure and highways;
• Condition of the building;
• Degree of wear;
• Materials used in construction and finishing;
• Type of building;
• Purpose.

This list is not complete. Typically, calculations are carried out separately for each room in the building. Sometimes the price includes payment for the territory near the building, or the site on which the object is built.

The legislation has provided for a rule that makes it possible to pay rent separately for several real estate properties. The rate is calculated per square meter. If the relationship is long-term, the annual rate is used.

Rates vary depending on the area and locality where the property is located. It usually does not include utilities and repairs. Payment changes within the terms specified in the agreement, but it cannot change more than once a year.

If the condition of the building deteriorates, or due to other circumstances for which the tenant cannot be held responsible, he has the right to demand a reduction in payment. As already mentioned, the tenant’s activities do not affect the amount of payment. And if the premises do not generate income, the tenant must still regularly pay the rent.

It is important to add that renting out non-residential premises always requires drawing up an agreement that sets out all the rights and obligations of the parties. If there is no agreement, neither party will be able to defend its interests. The parties may stipulate that the form of payment will be other than monetary:

• When the tenant provides services to the owner of the building and adjacent territory, a certain premises;
• The tenant performs certain work in payment of rent;
• Under the agreement, the tenant invests money in improving the property he rents;
• The payment is counted towards the supply or loan agreement.

Rent may be a fixed price at a certain periodicity. Payment can be made monthly, quarterly, or in a lump sum. Below you will find a form of a lease agreement for non-residential premises, which will help in drawing up the document.

The procedure for forming the rental value

Since the tenant exploits the area and territory on a reimbursable basis, paragraph 1 of Article 606 of the Civil Code of the Russian Federation stipulates that he is obliged to pay for them. Payment must be timely, as indicated in paragraph 1 of Article 614 of the Civil Code of the Russian Federation.

The amount of payment is the main condition of the agreement. The absence of a clause means that the contract is invalid. The rent may be for the entire premises or parts. The types of rent differ:

• In the form of payments that can be made at once or within specified periods;
• Share of products or profits;
• Providing specific services;
• When transferring a certain thing into ownership, etc.

The parties may combine these types of rentals or offer other options for paying the cost. When determining expenses, it is recommended to include the following items in the rental price:

• Utility costs for maintaining the premises. This includes heating, sewerage, lighting, etc.;
• The cost of items that are necessary to maintain the premises is lime, buckets, brooms, etc.;
• Payment for electricity required for the operation of elevators, lifts and various equipment, including computers and cash registers;
• Alarm costs, subject to availability;
• Maintenance of fire-fighting devices and safety equipment;
• Property tax;
• Payment for land;
• Enterprise profitability.

The rent includes variable and fixed fees. The constant part is determined depending on the policy of the enterprise, and the variable part is formed from those costs that are necessary for the maintenance of the premises. Payment can be made based on actual data that is officially confirmed.

The Civil Code of the Russian Federation states that all costs of maintaining the property are borne by the tenant, unless the contract stipulates other conditions. In fact, such relationships can be formalized in two ways:

• The costs are borne by the lessor, but they are included in the price;
• Services are paid for by the tenant who has entered into agreements with enterprises supplying resources.

The rent varies depending on the chosen method of payment for services.

To obtain the rental price, a special formula is used:

PD = Aim + Azem

• PD– this is the payment made by the tenant under a common agreement;
• Aim– payment for rented property, which may include the cost of renting the premises;
• Azem in the formula, this is the payment for the plot of land on which the property is located. This indicator is formed in each region; it can be clarified by contacting the municipal authorities.

The indicator may include a variety of factors:

Aim = Bap x Kiz x Km x Kt x Kd x Kz x Knzh x Ks x S

• Bap– represents the base rate for the use of the premises (price per 1 square meter);
• S– the entire area of ​​the provided facility;
• Kz– a coefficient that implies a specific territory, area where the object is located. The value is formed at the legislative level and is indicated in Appendix 1 of PP No. 209;
• CT– type of rented premises. If we are talking about a warehouse, the value is 0.5, if the object is without heating, it is 0.3, for other objects 1 is used;
• Prince– quality of the premises. This refers to the location, condition of the object, and the use of the surrounding area. Each of the coefficients is approved by the government;
• CD– activities of the tenant himself. The maximum value is usually for banks, as well as gambling establishments. Minimum values ​​are established for public structures, law enforcement agencies;
• KS– occurs when sublease is implied.

The calculation of the values ​​will be as follows:

• Considering the materials from which the building is constructed, it must be said that brick buildings require a coefficient of 1.5, reinforced concrete - 1.25, wooden - 0.8, mixed - 1;
• Type of building. Warehouse areas have a coefficient of 0.5, unheated ones - 0.3, the rest assume a coefficient equal to one;
• Location. For the basement the coefficient is 0.19, detached buildings - 0.54, attic spaces - 0.26, extensions - 0.32;
• Availability and use of the area near the building. The territory is fenced - the coefficient is 0.27, without fencing - 0.16;
• Tenant's activities. The coefficient for offices is 2.5, for banks – 3.0, hotels and agencies – 2.5, for catering – 1.5.

These coefficients allow you to determine the rent for any premises.

The parties to the transaction indicate the specifics and terms of payment of the rental price in a special agreement.

If the parameters of the lease agreement are not determined, the data used when using property with similar characteristics is used (clause 1 of Article 614 of the Civil Code of the Russian Federation).

Article 614. Rent
Paragraph 1

The tenant is obliged to promptly pay fees for the use of the property (rent).

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.

The lessor has the right to make changes to the current agreement and invite the tenant to enter into an additional agreement (clause 3 of Article 614 of the Civil Code of the Russian Federation).

Article 614. Rent
Point 3

Unless otherwise provided by the contract, the amount of rent may be changed by agreement of the parties within the time limits provided for in the contract, but not more than once a year. The law may provide for other minimum terms for reviewing the amount of rent for certain types of lease, as well as for the lease of certain types of property.

It must be borne in mind that the use of state or municipal property may differ significantly from the rental of premises owned by a private individual or commercial organization.

A number of laws and regulations regulate the determination of the amount of rent if the subject of the lease is a historical building or architectural monument.

Rental cost 1 sq. m of non-residential premises depends on many criteria, such as location, ease of access, availability of parking, prestige of the area, etc.

Of considerable importance is the level of infrastructure, the proximity of the premises to places with high traffic, the availability of public transport, the level of prestige of the entire area, and so on.

It is also necessary to keep in mind the status of the owner. Commercial premises may be private or federal property. Both the algorithm for calculating the rental rate and its final cost depend on this.

Methodology for assessing commercial office hiring

When assessing the cost of rent in world and domestic practice, there are three methods:

1. cost method;
2. comparative method;
3. profit capitalization method.

The first method is based on the calculation of expenses incurred during the construction of this or a similar facility.

The first step is to evaluate the plot of land and the building itself. The result is the sum of construction costs (including design and other additional costs) and the price of the land plot.

Over a long distance, the use of this method requires the introduction of additional coefficients. This introduces some inconvenience when calculating the cost and leads to regular changes in the final cost, which does not always suit tenants, and can sometimes repel potential tenants.

The comparative method is based on obtaining data about a similar object and comparing its price with the existing one.

Analysis of a number of parameters, including materials used in construction, the need for major or planned repairs, seasonal specifics of the premises and other typical parameters, as well as comparison of the obtained data with information about a similar object, as a result, gives an idea of ​​​​the value of the analyzed premises.

To reduce the scatter of the results obtained, an analysis of several rental items is carried out.

The evaluation criteria, among other things, should include evaluation coefficients reflecting the impact of infrastructure on the rental price. These include the presence of security, degree of accessibility, quality of finishing materials, commissioning period, and others.

The profit capitalization method is used less frequently than others for the reason that it requires much more serious knowledge.

More often, this method is used in assessing the investment potential of a real estate property.

Using this method will give the most adequate estimate of the cost of renting a premises, but the cost of such work is much higher than that of other methods.

It is worth noting that the choice of rent calculation method has a direct impact on the final result. This can explain the significant difference between two seemingly identical objects with similar parameters.

To obtain the most realistic estimate possible, the use of several methods is recommended.

Determination of rental cost according to the comparative method

Finding a ready-made system for assessing the attractiveness of office premises is quite difficult due to the specifics of the object.

This method of calculation is based on the method of comparative estimates.

The main idea of ​​the method can be presented in the form of stages:

1. collection of data on supply and demand in the office rental market.
2. Drawing up a rating system.
3. Finding the price of a new object.

At the data collection stage, all available information is searched from different sources (print publications, the Internet, data from real estate agencies).

It is necessary to create a system for assessing the level of interest of a commercial building. It should include variable values, some coefficients, indicators, etc.

Such valuation systems are often used to estimate the rental value of residential premises. They include dozens of parameters that take into account almost all aspects of the object. However, residential properties are easier to value.

Looking at a property from all angles and comparing its features to similar office spaces will give you an idea of ​​the price level.

What will determine the final price of commercial rental premises?

According to the majority of market participants, the issue of calculating the cost of utility bills is controversial.

The final rental price may include the price of utilities. This calculation method is convenient for accounting, but it is not without its disadvantages.

The owner of the premises issues an invoice to the tenant for the total cost of rent, including VAT.

The peculiarities of this calculation lie in the impossibility of knowing the meter readings in advance. This leads to regular recalculations.

Most often, utility payments are taken into account separately from the principal amount. In this case, expert opinions were divided. The stumbling block becomes the deduction of VAT. According to some, the lessor takes into account the VAT on the services he receives, and he includes the VAT on the services consumed by the tenant in the total amount.

Consequently, the owner discloses to the landlord the cost of utility bills along with VAT. According to others, the owner of the premises takes for deduction the entire amount of VAT indicated by utility providers, but VAT is not indicated in the invoice.

An alternative way is to calculate the fee without including the cost of utilities. This method is the least used and the simplest. The tenant independently selects service providers (if possible) and enters into contracts with them.

The documents are already issued to him, which means he also has the right to accept VAT for deduction. All that is required is consent from the owner.

The funds themselves can be received either in cash or by non-cash means. The choice of payment method depends on how the work of the owner of the premises is configured.

Results

As we can see, the cost of 1 m2 of an object consists of dozens of parameters, each of which has a small, but still stable influence.

The use of various methods and careful analysis of real estate market data is a decisive step in determining the final rental cost.

If to find the optimal price for a small premises it is enough to conduct a superficial analysis of competitors and reduce monthly costs, then for large warehouses and production facilities a more serious and thorough approach is required.

When smoothing and rounding calculations, the final result may differ greatly from the result obtained by using exact data.

When renting small areas, owners rarely go beyond a comparative analysis of competitors' prices, which can significantly reduce the profitability of the property.