Does the school have the right to rent out premises? On lease relations of educational institutions Leasing school premises to other organizations

Renting out property assigned to the school

The founder assigns property to state and municipal educational institutions on the basis of the right of operational management (Article 120 of the Civil Code of the Russian Federation, paragraphs 1 and 2 of Article 39 of the Law of the Russian Federation "On Education").

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

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

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

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

It should be specially noted that it is illegal to hand over property assigned to state and municipal educational institutions by the owner. As noted above, according to general rule the owner of the property acts as the lessor of the property, however, the Civil Code of the Russian Federation, defining the rights of the institution and the owner of the property assigned to it, does not provide for the owner's right to dispose of the property assigned to the educational institution at his own discretion, except in cases of withdrawal of excessive, unused or misused property ... The owner has the right to dispose of the property at his own discretion only after its withdrawal,those. termination of the right of operational management of an educational institution (clause 2 of article 296 of the Civil Code of the Russian Federation).

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

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

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

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

With a statement about state registration real estate lease rights can be applied by one of the parties to the real estate lease agreement (clause 1 of article 26 of the Federal Law "On state registration of rights to real estate and transactions with it").

In the event that a building, structure, premises in them or parts of premises are leased, the floor plans of the building are attached to the lease agreement for real estate submitted for state registration of rights, structures on which the premises for lease are indicated, indicating the size of the leased area ... A lease agreement for a premise or part of a premise is registered as an encumbrance of the rights of the lessor of the corresponding premise (part of the premise) (clause 3, article 26 of the Federal Law "State registration of rights to real estate and transactions with it").

Appendix 5 presents a model of a school premises lease agreement for the sale of stationery and educational literature.

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

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Rent of premises in the school

How much should it cost to rent a room at a school, cost per month?

Hello, this issue is determined by the leadership of the educational organization, plus coordinates this issue with the Department of Education.

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

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

Ip will rent premises at the school to organize hot meals for schoolchildren. What is rented? Hot shop or dining room? Or both?

Good evening Elena! It all depends on whether you cook food for schoolchildren in a hot workshop, or cook in another workshop outside the school and deliver food to the school dining room. If you cook in the hot workshop at school and then feed the students in the school dining room, then you need to rent both the hot workshop and the dining room. If you prepare hot meals outside the school's hot shop and subsequently deliver and carry out meals for schoolchildren in the dining room, then only the dining room should be rented.

We will rent a room in a school for a dance school. Can a school rent non-educational premises?

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

The driving school entered into an agreement for the lease of premises (one class) in a secondary school for theoretical lessons on traffic rules. But the SES refused to give a conclusion of the sanitary and epidemiological examination for this type of activity in the school, referring to clause 1.7 of SanPiN 2.4.2.2821-10 "the use of the premises of general educational organizations for other purposes is not allowed." Is this refusal legal? If not, which authorities should you appeal to?

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

Can a self-employed person work in a general education school? Do I need to rent a room?

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

Need advice on real estate auctions. Site bidding. Gov. I want to rent a room at the school.

Hello. Yes, consultation is possible. To do this, contact your chosen lawyer through personal messages, and discuss the conditions for obtaining advice.

Is there a certain percentage of how much space a general education school can rent?

Not. Yes, usually it cannot be, the premises are not her property, therefore. As a rule, the owner ( municipality, as a rule), represented by their competent authorities.

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

Hello. Renting out premises located in educational institutions to outsiders is prohibited without options.

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

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

Is it about registering an LLC? Yes, you can. When submitting a package of documents for registration of an LLC in the text of the Decision / Protocol of the Founder No. 1 on the establishment of LLC (this document is mandatory), prescribe the clause: "The sole executive body of the Limited Liability Company" Name "is the full name director with a term of office of five years."

The gym has been leased by a municipal organization to a children's sports school in accordance with a lease agreement - who has to measure the insulation resistance at the gym - owner and tenant?

Hello, Elena! It depends on the content of the lease. Article 655. Transfer of a building or structure 1. The transfer of a building or structure by the lessor and its acceptance by the lessee shall be carried out according to a deed of transfer or other transfer document signed by the parties. Unless otherwise provided by a law or a lease agreement for a building or structure, the lessor's obligation to transfer the building or structure to the lessee shall be deemed fulfilled after the lessee has provided it for possession or use and the parties have signed the corresponding transfer document. Evasion of one of the parties from signing a document on the transfer of a building or structure on the terms stipulated by the contract is considered as a refusal, respectively, of the lessor from fulfilling the obligation to transfer the property, and the tenant from accepting the property. 2. Upon termination of the lease agreement for a building or structure, the leased building or structure must be returned to the lessor in compliance with the rules provided for by paragraph 1 of this article. That is, if the networks are transferred to the Lessee, respectively, they are serviced by him, if not, the measurements are carried out by the Lessor.

I really need help. I want to rent a small room and open a mini school there. Conduct lessons to prepare children for school. The income will not be big 15-20 thousand per month.
1) Do I need to arrange it somehow? Open IP or some other options are. I would like not to bother with a bunch of documents and reports to the tax office.
2) And is all this registration expensive?

Hello. Federal Law of August 8, 2001 N 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs" (with amendments and additions) Registration of LLC, individual entrepreneur is mandatory by virtue of Article 2 of the Civil Code of the Russian Federation.

Good day. If you are not ready to collect documents, this is not for you. Your activity will require a license from the Ministry of Education. That is, to get, there will be many requirements for premises and education. Therefore, first clearly define what you want and contact the Department of Education. After you are given the entire list of documentation, many simply do not want to start all this. It is not difficult to open an individual entrepreneur, it is difficult to obtain a license.

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

1. You can apply for an individual entrepreneur, the state duty is 800 rubles 2. You can choose the type of taxation of the STS 6% of the total income. For detailed advice, contact the site's lawyers in private messages

Is it possible by law to rent out the school premises for the College of Law and Business.

Good evening, dear visitor! It is quite possible that in this case the municipality can do it. All the best, I wish you luck.

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

I, as an individual entrepreneur, want to rent a room (class) at a school to organize a commercial circle. According to FZ-135, Art. 17.1 and Letter FAS No.CA / 16309/14 dated 04.24.2014, I cannot do this without holding an auction, with the exception if the contract is concluded for a period not exceeding 30 calendar days within six consecutive calendar months. Question - should 30 calendar days also be consecutive or can I spread them over the entire period (six months)? For example, to sign a contract for a period of six months, with the right to rent a class only on Saturdays?

Hello, no, this will not work, the term of the lease cannot be interrupted, that is, you cannot be a tenant one day a week, and the rest cannot. To rent out the premises of the school, you also need the consent of the owner (municipality) and the expert judgment of the founder that such use will not harm the interests of education. ... Look also carefully at paragraphs 3-3.2 of Art. 17.1. this law - there are features and exceptions, maybe you fall under. All the best!

I rent a room near the school for a dance studio. There is a residential building near the entrance to the studio. Some parents bring their children and plant them in the courtyard of this house (the courtyard is adjacent to the school fence). The tenants are outraged that other people's cars come to them and demand that the school management terminate the lease agreement with my studio. I warned my parents not to leave their cars there, because there are other parking lots a little further, and the announcement is in the studio. But 5-7 people come to this yard a couple of times a week. Does the school have the right to terminate the lease with me based on complaints from residents? Do tenants have a legal right to prohibit other people's cars from entering this courtyard (there is a through passage, there is no slagbaum there)?

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

How to rent a room in a school to prepare for the exam, what legal documents are this regulated?

Hello. Please contact your school principal with this question. You will need to conclude a lease agreement and indicate all essential conditions, such as payment for the premises, payment terms, hours of classes, etc.

Good day! The right to rent premises is regulated Non-residential premises lease agreement with the owner of this premises (building) or with an authorized person. In this case, you need to request documents from the school administration for the right to own the building, as well as their constituent documents and a draft lease agreement. By virtue of Art. 14 Federal Law of 12.01.1996 N 7-FZ (as amended on 19.12.2016) "On non-commercial organizations" (as amended and supplemented, entered into force on 01.07.2017) 1. The constituent documents of non-commercial organizations are: approved by the founders (participants, property owner) for a public organization (association), foundation, non-profit partnership, autonomous non-profit organization, private or budget institution; (as amended by Federal Law of 08.05.2010 N 83-FZ) (see the text in the previous edition) the charter or in cases established by law, regulatory legal acts of the President Russian Federation or the Government of the Russian Federation, the regulations approved by the relevant body exercising the functions and powers of the founder for a state institution; (the paragraph was introduced by the Federal Law of 08.05.2010 N 83-FZ) the constituent agreement concluded by their members, and the charter, approved by them, for the association or union; the paragraph is no longer valid. - Federal Law of 03.11.2006 N 175-FZ. (see the text in the previous edition) Founders (participants) of non-profit partnerships, as well as autonomous non-profit organizations, have the right to conclude a memorandum of association. In cases provided by law, a non-profit organization can act on the basis of a general regulation on organizations of this type and type. (as amended by Federal Law of 08.05.2010 N 83-FZ) (see the text in the previous edition)

Can a school rent a room to a self-employed tutor (not an individual entrepreneur)?

May, with the consent of the founder, Federal Law of November 14, 2002 N 161-FZ (as amended of July 29, 2017) "On State and Municipal Unitary Enterprises" "" Article 19. Disposal of the property of a state enterprise A municipal state enterprise has the right to alienate or otherwise dispose of its property property only with the consent of the authorized local government body. The charter of a state-owned enterprise may provide for the types and (or) the size of other transactions, the conclusion of which cannot be carried out without the consent of the owner of the property of such an enterprise.

Can the school rent out a detached space for the restoration and repair of furniture?

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

A school can rent out a separate building if it has permission from the owner of the property - the city property office.

Hello, Usually the school does not lease any premises, because the school principal needs to obtain additional approval from the education department. As an exception, he may rent out premises for, for example, sports clubs. I wish you good luck and all the best!

See school charter. The property of the institution is on the right of operational management. As a rule, renting out property requires a decision of the owner - the approval of the municipality. Good luck to you.

Municipal institution school rents out the canteen. What regulations or laws can be referred to in order to oblige to install metering devices for a separate room. Olga.

Olga, good afternoon! When concluding a lease agreement for premises, you have the right to negotiate these conditions and oblige the tenant to install these devices with the definition of a period.

Good day! The obligation of the owners (owners) of buildings, structures and structures to install metering devices is determined by the Federal Law of 23.11.2009 N 261-FZ (as amended on 29.07.2017) "On energy saving and on increasing energy efficiency and on amending certain legislative acts of the Russian Federation "There is no norm obliging to install such metering devices in premises transferred for use (possession) to third parties. The calculation of consumption is carried out in accordance with the calculation methods (methods). In this case, the calculation methods should determine the amount of energy resources in such a way as to stimulate buyers of energy resources to carry out calculations based on data on their quantitative value, determined using metering devices for the energy resources used. In your case, the obligation to install individual metering devices can be fixed in the lease agreement. Again, it is impossible to force the installation of such devices.

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

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

The founder agreed to the school to lease two premises, and the school actually plans to lease one of them (the other is excluded).
Do I need to reconcile the lease of one of these premises with the founder?
After all, if you were allowed to hand over more than you actually plan to use, will there be any violation here?

Good day! There will be no excess of authority, so if they handed over more than approved, then re-approval would be necessary. Good luck!

Good day. There is no need to reconcile the lease transfer if the founder initially gave written consent to the lease

If you have received consent to lease out two areas, and not one, then the issue must be agreed with the founder. The need for coordination is due to the fact that for the use of different areas there may be different rent, and the founder calculated the average for the two premises. You can successfully resolve your issue with legal assistance. Thank you for using the site's services!

Can the headmaster rent out the school premises? Under the driving school.

Good day, Olga. Free space can be rented. This requires a special procedure and agreement with the founder.

Can the headmaster rent out the school premises? Hello. There is no prohibition. The law does not directly prohibit. It is necessary to agree with the founder of the educational institution.

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

Can a school principal open an individual entrepreneur i.e. renting premises in a store to sell popcorn next to his own school?

Hello! Not. By virtue of the provisions of the Law "On the Fight against Corruption", the school director is equated by law with the state officials... They are prohibited from commercial activities.

1. Can a speech therapist rent a room at the school for his private lessons?
2. Do I only need a diploma of education for this type of activity (private students in a rented school territory), or do I need to organize some kind of license or emergency?

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

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

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

I am in college. The college rents classrooms from the school. The school decided to install turnstiles. To pass the turnstile you need a pass-card, for which they require 150 rubles + 50 rubles each month for extending the service life of the card. College tuition is paid, but they require an additional fee for a pass card. Is it legal?

Yes, it is legal. Why should you make an exception?

Content: The school is, first of all, the property of the state. The usual contract for the lease of non-residential premises cannot be dispensed with when it comes to the need to rent the territory officially belonging to the school. But the benefits of such a lease can be mutual - both for those wishing to develop their business on the school territory, and for the educational institution itself. The attention of the first is focused on the inexpensive cost of rent due to the fact that the premises are budgetary, and the second - on the opportunity to bring extra funds to the budget of the institution, which are simply necessary for schools. Any institution has the right to act on its own reasoning with respect to its buildings and premises, without going beyond its intended purpose, as stated in Art. 296 in Civil Code Federation. But article 39 of the Russian Law "On Education" allows an institution to act as a landlord.

Do schools have the right to lease space?

ФЗ N124-ФЗ states: "If the state or municipal institution, which is an object of social infrastructure for children, rents out the properties assigned to it, the conclusion of a lease agreement must be preceded by an expert assessment of the consequences of such an agreement for the provision of education, upbringing, development, recreation and health improvement of children, providing them with medical, treatment and prophylactic assistance, social protection and social services for children.
A lease agreement cannot be concluded if, as a result of an expert assessment, the possibility of deterioration of the specified conditions has been established.
The lease agreement can be invalidated on the grounds established by civil law. "

Can the school rent out premises?

All 107 lease agreements were concluded for a period of 11 months. Income from the premises leased by the university in 2010 amounted to 72.8 million rubles, which were spent on: works and services for the maintenance of the property complex - 38.7 million rubles; other services - 10.8 million rubles; payment of taxes - 10.4 million rubles; salary and accruals - 0.8 million rubles; purchase of equipment and materials - 3.2 million rubles; communication services - 1.3 million rubles. Lease agreements were concluded by the university on a competitive basis in accordance with the procedure established by law. Checks established the receipt of rental payments: at the Mordovia State University named after

N.P. Ogareva - 8.9 million rubles; at the St. Petersburg State Mining University named after

How to rent a school room

At the Moscow Institute of Physics and Technology (State University) located in g.
Dolgoprudny, Moscow region, was rented from third-party organizations for the educational process 2 real estate objects with a total area of \u200b\u200b1955.7 sq.

m. Renting them cost the university 3.4 million rubles in 2010. During inspections of a number of federal educational institutions, individual facts of non-compliance with the requirements of regulatory legal acts were revealed: federal property was used by third-party organizations without formalizing contractual relations, for example, collective use centers (temporarily not used by universities for scientific research). - research equipment); in fact, some third-party organizations occupied an area slightly larger than that determined by the lease; a number of lease agreements were concluded without agreement with the owner of the federal property.

Rent of premises in the school

The charter of an educational institution must regulate the procedure for the activity of an educational institution for the delivery of property as a form of using property assigned to an educational institution and carrying out entrepreneurial activities (paragraphs

6 p. 1 of Art. thirteen RF Law "On Education"). In addition, the RF Law "On Education" as amended by
Federal Law No. 122-FZ of August 22, 2004 establishes the need to reflect in the section of the charter devoted to the structure of financial and economic activities, “a ban on transactions, the possible consequences of which are the alienation or encumbrance of property (that is, the emergence of rights to property from third parties ), assigned to an educational institution, or property acquired at the expense of funds allocated to this institution by the owner of the educational institution "(subparagraph 6" d "of paragraph 1 of article 13).

School rents out premises

Therefore, in fact, the founder has a fairly large margin of appreciation when carrying out an expert assessment, and in practice it is equivalent to giving his consent to lease property.
Appendix No. 6 contains an approximate form of the expert assessment report developed by the St. Petersburg Education Committee. It should be specially noted that it is illegal to hand over property assigned to state and municipal educational institutions by the owner.
As for the rental relationship, then general provisions on lease are set out in the Civil Code of the Russian Federation in Chapter 34 "Lease." So, in Article 606 of the Civil Code of the Russian Federation it is determined that under a lease (property lease) agreement, the lessor (lessor) undertakes to provide the lessee (tenant) with property for a fee for temporary possession and use or for temporary use; income received by tenants as a result of the use of the leased property in accordance with the agreement is their property. Land plots and other isolated natural objects, enterprises and other property complexes, buildings, structures, equipment, vehicles and other things that do not lose their natural properties in the process of their use (Art. 607 of the Civil Code of the Russian Federation). The right to lease property belongs to its owner (Art.

In accordance with part 4 of article 13 of the Federal Law of July 24, 1998 No. 124-FZ "On the basic guarantees of the rights of the child in the Russian Federation", if a state or municipal institution that is an object of social infrastructure for children rents out the property assigned to it, the conclusion of a lease agreement must be preceded by an expert assessment of the consequences of such an agreement for the provision of education, upbringing, social protection and services for children, conducted by the founder.

A lease agreement cannot be concluded if, as a result of an expert assessment, the possibility of deterioration of the specified conditions has been established. Thus, a lease agreement may be concluded if, after assessing the consequences of concluding such an agreement, the founder does not establish the possibility of deteriorating the conditions of education and social services for children, as well as violations of the rights of students.

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

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

The norms of the current legislation prohibit the lease of real estate objects of educational institutions for the distribution and advertising of alcoholic beverages, tobacco products, beer and non-alcoholic beverages, the activities of political parties and religious organizations. In addition, it is not allowed to lease residential premises in dormitories of educational institutions for use as an office and other purposes not related to the direct purpose of these premises, for unregistered individual labor pedagogical activities, as well as renting the facade and roof of buildings and structures that are not independent real estate objects.

Article 614 of the Civil Code of the Russian Federation provides that the procedure, conditions and terms for paying rent are determined by the lease agreement. In the event that they are not determined by the contract, it is considered that the procedure, conditions and terms have been established, which are usually applied when renting similar property under comparable circumstances.

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

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School is, first of all, the property of the state. The usual contract on the lease of non-residential premises cannot be dispensed with when it comes to the need to rent the territory officially owned by the school. But the benefits of such a lease can be mutual - both for those wishing to develop their business on the school territory, and for the educational institution itself. The attention of the first is focused on the inexpensive cost of rent due to the fact that the premises are budgetary, and the second - on the opportunity to bring extra funds to the budget of the institution, which are simply necessary for schools.

Any institution has the right to act on its own reasoning in relation to its buildings and premises, without going beyond its intended purpose, as stated in Art. 296 in the Civil Code of the Federation. But article 39 of the Russian Law "On Education" allows an institution to act as a landlord. An important detail:

the educational institution must have a charter, which would describe in what order and under what conditions the lease of utility and other premises of the educational building takes place;
the same charter undertakes to prohibit unfavorable transactions, as a result of which the alienation of school premises is likely, and this is unacceptable.

What is the correct way for a school to rent premises or grounds?

In order to avoid mistakes and not stumble upon a scandal or legal obligation, the founders of the school should worry about the following details of the lease:

the school does not have the right to rent premises with an area of \u200b\u200bmore than 200 sq. m;
in some cases, an additional document or contract can be envisaged, where the method and procedure for reimbursing the costs of the state structure for heat, electricity, water supply and sewerage will be agreed between the parties;
local self-government structures can provide schools with specially developed methods for calculating the cost of rent, reimbursement of utility costs, payment procedures, etc.
the founder of the educational institution must enter into a separate agreement if school equipment and outdoor property are also leased;
before signing the contract, an expert assessment is carried out, who must find out the risks and consequences that may affect the reputation of the institution and the educational process. The initiator of such an assessment is the founder himself, subsequently it is he who controls the use of the premises and is responsible;
if an expert assessment reveals that the upcoming lease will have a negative impact on the education of children, the conclusion of a contract is unacceptable;
without preliminary examination or as a result of violations discovered later, in the course of an expert assessment, the contract will be invalidated;
the assessment is subjective, the law contains no prerequisites and criteria for its implementation.

What does a businessman need to know when entering into a lease with a school?

The tenant may also suffer from miscalculations of the transaction with the school or errors of the contract, which governs all relations between a budgetary institution and a private business (be it entity, or physical). The tenant should consider the following nuances:

study the laws of the state on rent, prepare an agreement according to the rules and requirements of the law of the Russian Federation, which can be considered in more detail in Chapter 34 of the Civil Code
since the institution (school) has a state ownership, the lease that is planned by the tenant exceeds 1 year in terms of time, must be known to the state registration services. That is, such an agreement, lasting more than a year, must be recorded in the bodies of the Federal Registration Services in the area. It is enough for any one party to apply to these bodies to fix the contract.

The founders of educational institutions and tenants should know who owns the proceeds from the lease of state premises. The Budget Code states that the rental proceeds, the rent that the school receives from the tenant, belongs to the relevant budget (institution), but only after paying tax liabilities and fees to the state, as well as land tax in some individual cases.

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