Is a permit for the construction of a non-stationary trade facility required. How and where to get a trade permit

Trade Permit implies that the sale of goods is coordinated with the authorities state power... But getting this permission is not always necessary. When it is required and where to apply for it - that's what the article will be about.

Activity start notification

To start your own business in trade, it is not always necessary to obtain permission to trade from the state. Only certain types of activities are subject to licensing, and they are specified in the law. But in some cases, it is still necessary to notify the appropriate government agency about your opening. Such a requirement is set forth in the Law on the Protection of Rights legal entities and individual entrepreneurs when exercising state control (supervision) and municipal supervision "dated 26.12.2008 No. 294-FZ.

This normative act contains a list of activities for which the notification procedure is applied in trade. But there is also a decree of the Government of the Russian Federation "On the notification procedure for the beginning of the implementation of certain types business activities"Dated 16.07.2009 No. 584, where the list of activities is specified in more detail. As a result, it looks like this:

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

Procedure for filing a notification

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

The notification can be submitted in person, sent by mail or via the Internet in the form electronic document.

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

The notification itself contains the following data:

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

Note: you do not need to attach any documents to the notification. This procedure is much easier to obtain a trade permit.

All information from the notification serves to form Trade register, which is conducted in accordance with the order of the Ministry of Industry and Trade of 16.06.2010 No. 602.

What awaits a seller who does not submit a notification

Everyone has long understood that the lack of a trade permit (if it is required without fail) entails the imposition of fines. But to notification procedure are not so serious, although there is also a responsibility.

Don't know your rights?

The Code of Administrative Offenses of the Russian Federation considers violation of the rules for notification of the start of activities to be an offense. And responsibility is spelled out in Art. 19.7.5-1. There are two options here:

• The merchant did not submit a notice at all that he could face a fine of 10,000 to 20,000 rubles.
• The notification was filed, but contained inaccurate data. Here they can already be fined 20,000-30,000 rubles.

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

Permission to open a non-stationary trading facility

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

For placement non-stationary objects in Moscow, when it comes to their location on state-owned land, the Moscow Department of Trade and Services is responsible.

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

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

Alcohol sales license

If in the course of trading activities it is planned to sell alcohol, then you will have to obtain a corresponding license, since retail alcohol-containing products require special marketing authorization. This formulation of the question corresponds to the norms of the law "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on limiting the consumption (drinking) of alcoholic products" dated November 22, 1995 No. 171-FZ.

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

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

The following documents can be obtained by the department independently within the framework of an interdepartmental facility, and only when this does not work out, the applicant must convey them:

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

A permit for the sale of alcoholic beverages is issued on a paid basis, for example, a license for a period of one year costs 65,000 rubles.

Permission for the organization of the retail market

Another form of trade can be called the organization of the retail market, which is regulated by the law "On retail markets and on amendments to the Labor Code of the Russian Federation" dated 30.12.2006 No. 271-FZ. According to this normative act, you can obtain permission to organize the market by submitting an application, which must indicate:

• The name of the legal entity, its address and the location of the object where it is planned to place the market.
• TIN of the applicant.
• The type of market organized.

And the list of attached documents consists of the following items:

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

If the proposed location of the market meets the plan for organizing markets and the applicant has fulfilled all the requirements for registration and submission of the corresponding application, then he has every chance of obtaining permission to trade.

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

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 receive such a document in the manner prescribed by Article 51 of the Town Planning Code 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 non-stationary shopping facility... 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 kiosks, pavilions and other small objects retail, 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:

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

Placement of 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 №381 - FZ "On the basics of regulation of trading activities in the Russian Federation." If the NTO is planned to be located on a land plot owned by a private person, then the procedure for its placement and operation is agreed with the owner of the stationary facility on 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 individuals entrepreneurship - certificate of state registration of a person as an 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 small retail facility 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 host point of sale and guarantee the entrepreneur the fact of obtaining permission after the end of the current term.