The Commissioner for the Protection of the Entrepreneur's Rights in the Moscow Region Vladimir Golovnev received an application from an individual entrepreneur related to the issue of land lease contract non-renewals.

As for information, an entrepreneur entered a land lease contract with the committee of land management of Dolgoprudny administration in 2005 year.

    Based on the municipal general plan, the entrepreneur had built a trade pavilion on this ground. Being successively extended for years, the contract was up in May 2020. On July this year the entrepreneur applied to administration of providing the land without tendering, but was denied with reference to the article 39-36 of Land Code of Russian Federation. The reason was a lack of information about real estate object on the land in EGRN. In this regard, the administration had recommended to include the land to the placement pattern of non-stationary objects and conclude a contract for NTO, according to the article 39-36 of Land Code of Russian Federation that does not provide land lease. The local authorities were guided by information requested from EGRN.

    "A data of real estate objects located within land was not available in EGRN. There was no any cadastral number of land where this object is located"-clarified Vladimir Golovnev.

    In this regard Vladimir Golovnev addressed to the head of Dolgoprudny administration and to the Moscow Region Ministry of property relations in order to consider the matter. The Moscow Region Ministry of property relations required the inspection report from local administration, a conformation certificate of the object belonged to businessman on property right and located on the land with cadastral number. In addition, the documents of compliance to municipal general plan were requested also.

    As a result of interdepartmental consideration, the local administration was recommended to prepare a draft of positive decision to renew the contract for land lease with entrepreneur.

    The contract of land lease has been presently extended, the matter has been considered in full. We have controlled all the levels of consideration and achieved a positive result.

    I kindly recommend the entrepreneurs to check all information related to land and property within it with lease contracts over 10 years at the end of expiry date"- added the Moscow Region Business Ombudsman Vladimir Golovnev.