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- Promised Land: Russia will streamline the placement of stalls and kiosks on private territory
Promised Land: Russia will streamline the placement of stalls and kiosks on private territory
The era of legal uncertainty for owners of non-stationary retail facilities on private lands is over. The State Duma immediately adopted in the second and third readings a law that introduces uniform rules for kiosks, pavilions, tents and food trucks located on private territory. The new regulations will streamline street trade in towns and villages, ensure the necessary sanitary and fire safety requirements, and protect consumer rights, experts are convinced. How non—stationary trading will change is in the Izvestia article.
Questionable business
A non—stationary commercial facility (NTO) is a temporary structure or structure that is not fully connected to a land plot, regardless of its connection to utility networks, explains Alexey Nezhivoy, head of the operational headquarters of the independent trade union Novy Trud. Such facilities allow the sale of a certain range of goods and the provision of simple services.
You can trade any product that is allowed for turnover, as long as the intended purpose of the site, urban planning restrictions and special requirements are met, says Ilya Rusyaev, lawyer, business consultant, founder of the Rusyaev Club business community.
— Permitted goods include seasonal vegetables, fruits and melons, clothing, toys, stationery, ice cream, soft drinks, bottled products, live fish, as well as handicrafts (provided that the seller is their manufacturer). Of the services allowed, for example, shoe repair and painting, — lists Alexey Nezhivoy.
At the same time, the sale of alcohol, tobacco and nicotine-containing products, medicines, medical devices, weapons and other goods requiring stationary premises and licenses is prohibited, Rusyaev clarifies.
Until recently, control over non-stationary commercial facilities on state or municipal property was much stricter. In particular, they were necessarily included in a special scheme of NTO placement approved by the municipal authorities. However, this approach has not previously been applied to facilities located on private land.
— As a result, the municipal authorities controlled only those facilities that stood on city land, requiring them to comply with design and safety standards. At the same time, pavilions could appear chaotically on private plots, for example, near shopping malls or on house territories," recalls Sean Betrozov, a lawyer at the Moscow Chamber of Lawyers and a member of the Russian Bar Association.
As a result, environmental, sanitary, hygienic and fire safety regulations, as well as requirements for the improvement of municipalities, were often ignored, the expert believes.
Among the typical problems that arise in the case of non-stationary commercial facilities located on private land, Rusyaev highlights the location close to communications or roads, the lack of uniform requirements for appearance and trade without the consent of the owner.
— Often, "private" stalls were set up without regard for underground utilities. In the event of a pipe break, the repair team could not physically bring the equipment to the accident site," says Betrozov.
Another problem that NGOs have created on private land is the chaos in logistics and pedestrian traffic, the lawyer adds. We are talking about objects that block the natural paths of people's movement, which forced pedestrians to enter the roadway or bypass pavilions on lawns.
Problems with compliance with sanitary standards were also recorded, because not every commercial facility on a private plot had a legal connection to the electric grid, water supply and sewerage systems, the Izvestia interlocutor draws attention to. At the same time, unscrupulous NTO owners often throw their waste into the containers of nearby residential buildings, instead of concluding direct contracts with a regional operator, which makes the problem of garbage collection acute.
All this leads to the fact that the number of complaints about non-stationary retail facilities is growing every year. In the Moscow Region alone, the number of complaints in this area reached 5,523 in 2024. For comparison, in 2022 there were 3,929 of them.
Law and order
The State Duma adopted a bill on the placement of NGOs on private land in the second and third readings. From now on, it will be mandatory to include retail outlets located on private territory in the regional NTO placement scheme. To include them in the list, kiosks, stalls and tents will have to be brought into line with all regulations.
— The law gives the regions the right to establish that NTO on private plots should be included in the placement scheme by decision of the subject of the Russian Federation. This will give municipalities a tool for monitoring safety and aesthetics," Ilya Rusyaev emphasizes.
Previously, only an agreement with the landowner was enough for an entrepreneur to open a kiosk on a private plot, but now the procedure is complemented by a mandatory state "filter," explains Sean Betrozov. The main new stage will be the submission of an application to the local administration to include the facility in the placement scheme.
— The application should describe in detail not only the address, but also the appearance of the pavilion, its characteristics and specialization. This means that the stage of preparation "on paper" will become more laborious and you will have to prepare sketches or visualizations that meet regional standards," says the lawyer.
The law allows three months for applications to be submitted for already operating facilities, said Alexey Govyrin, a member of the State Duma Committee on Small and Medium-sized Enterprises. During this period, entrepreneurs have the right to trade without being included in the scheme. At the same time, as the parliamentarian clarifies, the region has the right to establish a longer transition period.
The approval of the placement scheme or changes in it cannot serve as a basis for reviewing the locations of already operating NGOs, the deputy clarifies.
— The law allows one year to bring the facilities in line with regional regulations and new requirements for the placement of NTO. During this time, the shopping facility cannot be excluded from the scheme," he explains.
At the same time, the law introduces a strict framework for officials so that the procedure does not turn into an endless wait, adds Betrozov. The regional authorities will have clear deadlines for reviewing applications, and the list of reasons for refusal is now strictly limited.
— Thus, the entrepreneur will have to spend more time coordinating the design and preparing a package of documents for the municipality, but in return the business receives insurance against sudden claims. If the object has gone through the procedure of inclusion in the scheme, no one will be able to challenge its legality, — the interlocutor of Izvestia notes.
The most honest will survive
It is still difficult to say whether there will be fewer non-stationary retail facilities after the law comes into force, Ilya Rusyaev believes. Everything will depend on how many points fail to legalize or comply with the requirements. First of all, facilities that are physically impossible to legalize under the new rules will leave the market, says Sean Betrozov. We are talking about pavilions installed where construction or trade is prohibited in principle: in pipeline security zones, near hazardous industries, or in places where a kiosk completely blocks pedestrian traffic.
— Since inclusion in the scheme will become a prerequisite for legitimate work, such problem points simply will not pass the administration's filter. For an ordinary buyer, it will look like the disappearance of some of the usual tents, but from the point of view of city security, this is a necessary measure, the expert is convinced.
The first and most obvious reason for the demolition will be the absence of the facility in the municipal scheme, he says.
— If the region has decided that all NTO on private lands should be included in the general scheme, and the owner has ignored this requirement or received a refusal, the activity of such a kiosk is considered illegal. In this case, the object is actually equated to an unauthorized construction," the lawyer explains.
If the structure has signs of unauthorized construction, art. 222 of the Civil Code of the Russian Federation ("Unauthorized construction") is applicable. Such an object is subject to demolition or restoration, Ilya Rusyaev reminds.
The facility will also be demolished if the contract with the owner of the land has expired or the owner has withdrawn his consent, adds Betrozov. If an NGO operates without the consent of the owner or with unauthorized occupation of land, liability arises under Art. 7.1 of the Administrative Code of the Russian Federation "Unauthorized occupation of land," Rusyaev clarifies.
— Since inclusion in the municipal scheme requires a confirmed right to use the site, the loss of this right automatically cancels the place of the object in the city register. The law builds the system so that only those facilities that simultaneously suit both the landowner and the city administration can survive," Betrozov says.
Despite the tightening of regulations, the number of legal outlets probably will not decrease, Alexey Nezhivoy expects. Instead, it may grow at the expense of those who previously hesitated to work due to legal uncertainty.
"Clear rules of the game can attract new investors who were previously afraid to invest in such facilities," Betrozov agrees.
Nikita Chaplin, a member of the State Duma Committee on Budget and Taxes, recalls that support for small and medium-sized businesses, especially in the field of trade, is one of the priorities of state policy. The presented bill, according to him, is aimed at creating comfortable and clear conditions for entrepreneurs who trade using non-stationary facilities.
— The new regulations will streamline street trade in towns and villages, ensure the necessary sanitary and fire protection requirements, and protect consumer rights. We are creating modern, flexible regulation that will help businesses develop and citizens receive high—quality goods and services within walking distance," the parliamentarian summarizes.
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