Amendments to certain legislative acts related to the procedure for granting state or municipal property for rent

Federal Law No. 605-FZ of December 29, 2022 amended certain legislative acts related to the procedure for leasing state or municipal property.

Changes made to:

Law of the Russian Federation of April 15, 1993 No. 4802-I "On the status of the capital of the Russian Federation";

Federal Law No. 178-FZ of December 21, 2001 “On the Privatization of State and Municipal Property”;

Federal Law of July 24, 2007 No. 209-FZ "On the development of small and medium-sized businesses in the Russian Federation";

Federal Law of July 22, 2008 No. 159-FZ “On the peculiarities of the alienation of real estate owned by the state or in municipal ownership and leased by small and medium-sized businesses, and on amendments to certain legislative acts of the Russian Federation”.

Subjects of small and medium-sized businesses have been granted the pre-emptive right to buy out the movable property they rent, which is in state or municipal ownership, on the following terms:

the property is included in a special list of property intended for transfer into possession and (or) use by small and medium-sized businesses;

the property is not included in the list of property not subject to alienation established by the Government of the Russian Federation;

the property on the day of filing the application is in temporary possession and use or temporary use continuously for one year or more in accordance with the lease agreement or agreements;

property is acquired at a price equal to its market value determined by an independent appraiser;

the subject of small and medium-sized businesses has no arrears in rent, penalties (fines, penalties);

information about the small and medium-sized businesses entity on the date of conclusion of the contract for the sale of leased property is not excluded from the unified register of small and medium-sized businesses entities.

The term of installment payment for movable property in the exercise of the pre-emptive right to acquire it should not be less than three years.

The changes will come into force on March 1, 2023, however, the innovations under consideration will also apply to relations under lease agreements that were concluded before this date.