How and where to get a trade permit. Is a permit required to build a non-stationary retail facility
Placing non-stationary shopping facilities
Small business entrepreneurs often use non-stationary shopping facilities. Such commercial objects are understood as mobile commercial structures that are temporarily located on a certain land plot without being attached to it. They usually do not connect to utility lines. At first glance, it may seem that the design and placement of such an object is not difficult. But in practice, everything turns out to be much more difficult, since now there are strict requirements for obtaining permission for this type of trade. It is especially difficult to obtain a permit to locate an object indoors or on a land plot owned by the state. A non-stationary shopping facility must be included in the placement scheme. It is being developed by the city authorities for certain period time, and after its expiration is subject to reconsideration.
The placement of non-stationary shopping facilities is carried out in accordance with Federal law dated 28.12.2009 No. 381 - FZ "On the basics of regulation of trading activities in Russian Federation". If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on the territory of which the NTO is planned to operate.
In the case of placing a non-stationary shopping facility on land plots, in premises that are in municipal or state ownership, the process should be carried out according to the layout scheme, in order to provide the most rational provision of residents retail space and sustainable city development.
Problems for a businessman arise precisely in the second case, so he will have to go through two stages of drawing up an NTO.
The first stage of registration is that the NTO is included in the layout. Local authorities are responsible for its creation. Let's list what documents are required to be included in this scheme:
- for legal entities - charter, certificate of state registration
- for individual entrepreneurship - a certificate of state registration of a person, as individual entrepreneur
- a certificate of registration with the tax office, as well as a certificate of the issuance of a TIN
- a project describing a non-stationary shopping facility
If your NTO is included in the placement scheme, then the second stage is to obtain permits, which spell out the life of the facility, as well as other individual conditions.
The main question that arises in the process of obtaining permission is who should raise the issue of including NTOs in the placement scheme. The reason for this is the lack of an answer to this question in the legislation, as well as the absence of judicial precedents. The city authorities claim that the inclusion of NTOs in the layout is only their prerogative and the owners have nothing to do with this issue... This runs counter to the government's policy to promote small and medium-sized businesses, since it does not provide favorable conditions for their activities and does not promote the sale of goods and services. That is, the state takes care of small and medium-sized businesses, regardless of their opinion.
Another problem for the owner of the NTO is the lack of confidence in the future, or rather, that after revising the placement scheme, he will be able to continue his activities in the same place, since they do not have the right to priority placement for a new term.
The legislation does not oblige the authorities to include existing NTOs in the schemes, but only guarantees them the right to operate until the expiration of the term for providing land for their placement.
If you still managed to place a sales outlet, then it must correspond certain requirements and norms. First, all goods and services sold must be of appropriate quality.
At the facility shallow retail there should be a sign with the brand name, location ( legal address), as well as the work schedule.
NTO must meet fire, sanitary, environmental and other standards. Also, the owner of the NTO must provide appropriate working conditions for workers.
In the event of the termination of the activities of the NTO after the end of the permit for the placement of the NTO, dismantling and removal of the equipment is carried out by the entrepreneur at his expense.
Summing up, we can say that the authorities should establish a clear procedure for obtaining permission to locate a retail outlet and guarantee the entrepreneur the fact of obtaining permission after the end of the current period.
Situation: The client, being the owner of the land plot, decided to place a trade pavilion on it. The type of permitted use of the site - "for the organization of trade", allowed him to use the site for the placement of trade objects.
Starting the construction of the foundation, he received an order from the local administration to stop construction works before obtaining a building permit. At the same time, the prosecutor's check began.
Question: Is a building permit required to erect a trade pavilion?
Answer: In the described situation, the construction of the Client's shopping pavilion did not require a building permit. Because according to its technical characteristics, the specified object is an object of non-stationary trade.
Rationale for the answer: The developer's right to build an object capital construction certified by a building permit. The developer can obtain such a document in the manner prescribed by Article 51 of the Town Planning Code of the Russian Federation.
However, not in all cases the law requires a building permit. For example, part 17 of article 51 of the Urban Planning Code of the Russian Federation says that it is not required to obtain a building permit for the construction of kiosks, sheds and other objects that are not capital.
So what distinguishes a capital object from a non-capital one?
According to the position of the Supreme Court of the Russian Federation, reflected in the Decision dated 03.12.2008 No. 9-G08-19, legal concepts capital construction and real estate are identical. This means that non-capital properties are not real estate.
The concept of immovable property is contained in Article 130 of the Civil Code of the Russian Federation (hereinafter referred to as the "Civil Code of the Russian Federation"), according to which immovable things include everything that is firmly connected with the land, that is, objects whose movement is impossible without disproportionate damage to their purpose.
According to the legal position The Supreme Court Of the Russian Federation, reflected in paragraph 38 of the Resolution of the Plenum dated June 23, 2015 No. 25, when resolving the issue of recognizing an object as an immovable thing, it is necessary to establish that it has at least been fully completed work on the construction of the foundation or similar works.
Thus, the most essential technical characteristic of an object that allows it to be qualified as real estate is the presence of a foundation and the impossibility of moving the object. without disproportionate harm to its purpose.
On the other hand, the legislator introduced the concept of a non-stationary trade object into circulation. Note to paragraph 3.14. "GOST R 51773-2009. National standard of the Russian Federation. Trade services. Classification of trade enterprises "(approved and put into effect by the Order of Rostekhregulirovanie dated 15.12.2009 No. 771-st), revealing the concept of a non-stationary trade object, includes pavilions, kiosks, tents, vending machines and other temporary shopping facilities. Moreover, the specified GOST R does not reveal the answer to another interesting question.
How does a stationary pavilion differ from a non-stationary one?
« Non-stationary commercial facility - a commercial facility, which is a temporary structure or temporary structure that is not firmly connected with the land plot, regardless of the presence or absence of connection (technological connection) to engineering networks technical support, including a mobile structure ... ".
nn. 6) Art. 2 of the Federal Law of 28.12.2009, No. 381-FZ "On the basics state regulation trading activities in the Russian Federation "
Similarly, this term is disclosed in "GOST R 51303-2013. National standard of the Russian Federation. Trade. Terms and definitions "(approved by the Order of Rosstandart dated 28.08.2013 No. 582-st).
Local legislation, complementing the terminology, specifies which technical characteristics must have non-stationary shopping facilities. For example, the Rules for the improvement of the territory of Istra municipal district Moscow Region (approved by the Order of the Ministry of Housing and Utilities of the Moscow Region No. 158-RV dated 20.07.2015) contain the following definition:
“Objects that are not capital construction objects (non-capital objects) are objects for the placement of which a construction permit is not required, made of easily erected structures without buried foundations, communications and underground structures, seasonal or auxiliary, including summer pavilions, small warehouses, as well as trade booths, pavilions and other small-scale retail facilities, greenhouses, hotbeds, gazebos, stopping pavilions, ground toilet cabins, box garages, and other similar structures. "
Thus, a non-stationary shopping pavilion should have the following features:
- Should not be firmly connected to the ground (no buried foundation);
- Erected from easily erected structures (the possibility of transferring without disproportionate damage to the purpose of the object);
- Lack of underground technological connections to engineering networks (air connections are allowed).
MOSCOW REGION ADMINISTRATION
RESOLUTION
ON THE ORDER OF LOCATION OF NON-STATIONARY OBJECTS OF SEASONAL TRADE
Abolished on the basis of the resolution of the administration of the Naro-Fominsk municipal district of the Moscow region of July 25, 2017 N 2347.
____________________________________________________________________
Guided by the Federal Law of 06.10.2003 N 131-FZ "On General Principles of Organization of Local Self-Government in the Russian Federation", Federal Law of 28.12.2009 N 381-FZ "On the Basics of State Regulation of Trade Activities in the Russian Federation", in order to ensure the settlements of Naro -Fominsky municipal district with non-stationary services seasonal tradeGuided by the Charter of the Naro-Fominsk Municipal District, I decide:
1. To approve the Regulation on the procedure non-stationary objects Naro-Fominsk municipal district (attached).
2. Place this resolution on the official website of the Naro-Fominsk municipal district administration on the Internet and publish it in the socio-political newspaper Osnova.
3. Control over the implementation of this resolution shall be entrusted to the first deputy of the administration of the Naro-Fominsk municipal district Shamne R.L.
Administration Manager
Naro-Fominsk municipal district
M.A. Breus
REGULATIONS ON THE ORDER OF LOCATION AND ORGANIZATION OF OPERATION OF NON-STATIONARY FACILITIES OF SEASONAL TRADE IN THE TERRITORY OF THE NARO-FOMINSK MUNICIPAL DISTRICT
Approved
administration decree
Naro-Fominsk municipal district
Moscow region
of April 25, 2016 N 787
1. General Provisions
1.1. This Regulation on the procedure for the placement and organization of work of non-stationary objects of seasonal trade on the territory of the Naro-Fominsk municipal district (hereinafter referred to as the procedure) establishes the procedure for the placement and operation of non-stationary objects of seasonal trade (hereinafter referred to as the objects of seasonal trade) on the territory of the Naro-Fominsk municipal district, as well as requirements for legal entities and individual entrepreneurs engaged in the placement, arrangement and operation of seasonal trade facilities.
1.2. For the purposes of this procedure, the following concepts are used:
Scheme - the layout of non-stationary shopping facilities on the territory of the Naro-Fominsk municipal district, approved by the resolution of the Naro-Fominsk municipal district administration, in the manner established by the resolution of the Naro-Fominsk municipal district administration dated April 13, 2015 N 447;
Applicant - a legal entity or individual entrepreneur who has applied for the placement of seasonal trade objects;
Permit - a permit for the placement of a seasonal trade object, issued by the administration of the Naro-Fominsk municipal district in the manner prescribed by this procedure (Appendix No. 2);
Permit holder - a legal entity or individual entrepreneur who have received permission to place a seasonal trade object;
Objects of seasonal trade - objects based on vehicles; easily erected collapsible structures, equipped with a counter, on the area of \u200b\u200bwhich a commodity stock is located (tank trucks, a trading tent, melons and gourds, a Christmas tree market);
A tank truck is a non-stationary mobile commercial facility, which is an isothermal container installed on the base vehicle or a trailer (semitrailer) designed for the distribution trade of liquid goods in bulk - kvass, milk.
A trade tent is a non-stationary trade facility, which is an easily erected collapsible structure equipped with a counter, forming an internal space, not closed on the counter side, designed to accommodate one or several workstations of sellers and commodity stock for one day of trade, for the sale of exclusively seasonal goods (fruits and vegetables and potatoes);
Melons collapse - a non-stationary trading facility, which is a specially equipped temporary structure in the form of a separate open area or an installed trading tent, intended for the sale of seasonal melons and gourds;
Yolochny Bazaar is a non-stationary shopping facility, which is a specially equipped temporary structure in the form of a separate open area for the New Year (Christmas) sale of natural coniferous trees and branches of coniferous trees.
1.3. Objects of seasonal trade are placed only in the places included in the scheme.
1.4. The objects of seasonal trade are located on the territory of the Naro-Fominsk municipal district on the basis of a permit.
2. Basic requirements for objects of seasonal trade
2.1. The placement of seasonal trade objects, their technical equipment must comply with fire, sanitary, sanitary and epidemiological, architectural norms and rules, rules of landscaping and maintenance of the territory.
2.2. The placement of seasonal trade objects, their technical equipment should provide the seller (legal entity, individual entrepreneur) with the opportunity to comply with working conditions and personal hygiene rules by his employees.
2.3. The area for placing a non-stationary shopping facility cannot exceed 8 sq. m.
2.4. The placement of objects of seasonal trade in fruits and vegetables and potatoes, melons and gourds, kvass is carried out in the spring-summer period (from May 1 to October 31). Depending on the actual weather conditions and in accordance with the temperature regime, the periods of seasonal trade in these types of products may be shortened or extended, respectively.
2.5. When carrying out trade, the retailer must have:
Permission to place a seasonal trade object;
Quality certificates or declarations of conformity confirming the quality and safety of products (for products included in the Unified List of Products subject to mandatory certification, or the Unified list of products, the confirmation of compliance of which is carried out in the form of a declaration of conformity);
Trade and technological equipment in a technically sound condition;
Medical books, employment contracts.
Additionally, when selling coniferous trees, sellers carrying out trade must have:
Agreements with an organization that has the right to harvest and cut down coniferous trees, or documents confirming the legal acquisition of coniferous trees;
Consignment notes confirming the source of goods receipt;
A quarantine certificate issued in accordance with the procedure established by the legislation of the Russian Federation by the state supervision body, certifying the compliance of regulated products with the requirements of the rules and norms for ensuring plant quarantine.
2.6. At the place of retail trade, information for consumers should be posted on the operating mode, the organizational and legal form of the seller, the telephone numbers of the regulatory authorities, the seller must have a badge indicating the full name, name legal entity or an individual entrepreneur. Samples of all commercially available food and non-food products must be supplied with uniform and clearly drawn price tags indicating the surname and initials of the individual entrepreneur or the name of the legal entity, the name of the product, its grade, the price per unit of measurement of the product, the signature of the financially responsible person or the seal of the legal entity or individual entrepreneur, the date of registration of the price tag.
3. Procedure for issuing permits for the placement of seasonal trade objects
3.1. Permits are issued by the administration of the Naro-Fominsk municipal district. A permit is issued on the basis of an application by a person interested in placing an object of seasonal trade, in the form in accordance with Appendix No. 1 to this order.
Permits are issued free of charge.
The permit expires upon the expiration of the period for which it was issued. The maximum validity period of a permit is 90 calendar days.
3.2. When several applications are received for one location, the permit is issued to the person whose application was received first.
3.3. Information about the issued permits is entered into the register.
3.4. The term for consideration of the application is 10 working days.
3.5. The administration of the Naro-Fominsk municipal district refuses to issue a permit in the following cases:
The application was submitted not in the form approved by this procedure, does not contain the necessary information and (or) the information is not reliable;
The location of the seasonal trade objects specified in the application is not provided for by the scheme.
3.6. Places for placing objects of seasonal trade are provided to legal entities, individual entrepreneurs registered in the manner prescribed by the legislation of the Russian Federation.
3.7. Trading in the places indicated in the permit is carried out exclusively by the persons indicated in the permit. Transfer of permission to other legal entities and individual entrepreneurs is not allowed.
3.8. The permit is canceled in the event of repeated (two or more times) bringing the subject of trade to administrative responsibility for violation of the rules of trade, improvement and sanitary maintenance of the place of trade and the adjacent territory, established by the current legislation of the Russian Federation, the Moscow region, regulatory legal acts of the Naro-Fominsk municipal district , as well as for non-compliance with the requirements for appearancespecified in the permit. The notice of the cancellation of the permit (Appendix No. 3) is sent to the owner of the seasonal trade object within 3 working days from the date of the decision to cancel the permit. The owner is obliged to vacate and improve the accommodation within 5 working days from the date of receipt of the notification or after 10 calendar days after the notification is sent.
4. Final provisions
4.1. Unauthorized seasonal trade objects are subject to dismantling by the owner. At the same time, the road surface and improvement elements disturbed during the installation of the seasonal trade object must be restored in the form in which they existed before the installation of the seasonal trade object, by the forces and means of the person who carried out the unauthorized installation of the seasonal trade object.
4.2. Upon the expiration of the permit, the owners of seasonal trade objects are obliged to dismantle them (disassemble, demolish), vacate and improve the location of the seasonal trade object.
Appendix N 1. STATEMENT
Appendix N 1
to the Regulation
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district
To the administration of Naro-Fominsk
municipal district
from ____________________________
STATEMENT
I ask for permission to install a non-stationary object of seasonal trade by
address: ___________________________________________________________________
for trading seasonal products __________________________________________
(list of product range)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
Work period: from "______" __________ 20___ to "______" _____________ 20____
Opening hours: from __________________ to _____________________
Applicant Information: _____________________________________________________
___________________________________________________________________________
(organization name or surname and initials
individual entrepreneur)
___________________________________________________________________________
(address, place of registration)
___________________________________________________________________________
(N and date of registration certificate, issued by whom)
___________________________________________________________________________
___________________________________________________________________________
Appendix: Sketch non-stationary object seasonal trade (in color in
3D format) on ________ sheets.
Signature
Appendix N 2. PERMISSION N for the right to place a non-stationary object of seasonal trade
Appendix N 2
to the Regulation
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district
This certificate was issued: ___________________________________________
(full name of the legal entity,
FULL NAME., natural person, individual
entrepreneur)
___________________________________________________________________________
___________________________________________________________________________
(address of the location of a legal entity, registration of a permanent place
residence of an individual, individual entrepreneur)
___________________________________________________________________________
___________________________________________________________________________
(top seasonal facility indicating the type of activity)
___________________________________________________________________________
by the address: ________________________________________________________________
Working days: _______________________________________________________________
Opening hours: ______________________________________________________________
Certificate validity period: from "______" __________________ 20__
by "______" __________________ 20__
Appearance requirements see overleaf
Job title
authorized person (signature) (full name)
Appendix No. 3. Notice of cancellation of the permit for the placement of a non-stationary object of seasonal trade
Appendix N 3
to the Regulation
placement and organization of work
non-stationary objects
seasonal trade in the territory
Naro-Fominsk municipal district
Form of administration of Naro-Fominsk municipal district
__________________________
(name of company,
FULL NAME. head, individual entrepreneur)
Notice of cancellation of the permission to place a non-stationary seasonal trade facility
This is the administration of the Naro-Fominsk municipal district
notifies about the cancellation of the permission to place the non-stationary
object of seasonal trade N _____, issued by the administration of Naro-Fominsk
municipal district "_____" ___________ 2016, in relation to the location
non-stationary object of seasonal trade by target landmarks:
___________________________________________________________________________
for a period up to "_______" ___________ 2016, in connection with the identified violations
__________________________________________________________________________.
According to clause 3.8 of the Regulation on the procedure for placement and organization
work of non-stationary objects of seasonal trade on the territory
Naro-Fominsk municipal district, you are obliged to release and
arrange the accommodation within 5 working days from the date of receipt
notifications.
_______________________________ ________________ __________________________
(job title (signature) (full name)
authorized person)