Amendments To The Cabinet June 8, 2010 The Regulations No 515 ' Rules On State And Local Government Property Lettings, Rent-Setting Methodology And Standard Lease Conditions "

Original Language Title: Grozījumi Ministru kabineta 2010. gada 8. jūnija noteikumos Nr. 515 "Noteikumi par valsts un pašvaldību mantas iznomāšanas kārtību, nomas maksas noteikšanas metodiku un nomas līguma tipveida nosacījumiem"

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Read the untranslated law here: https://www.vestnesis.lv/op/2015/226.1


Cabinet of Ministers Regulations No. 633 Riga 2015 3. November (pr. No. 57 19) amendments to the Cabinet June 8, 2010 the regulations no 515 ' rules on State and local government property lettings, rent-setting methodology and standard lease conditions "Issued under the public finance of the person and property Act to prevent wastage of the third paragraph of article 6.1 1. make Cabinet June 8, 2010 the regulations no 515 ' rules on State and local government property hiring procedures , rent-setting methodology and standard lease conditions "(Latvian journal, 2010, 2013, 106. No; 208. no) the following amendments: 1. provisions of title be expressed by the following:" the rules on public people property lease, rent-setting methodology and standard lease conditions "; 1.2. the express indication on what basis the provisions of the law, issued by the following: "in accordance with the Issued public personal financial resources and waste prevention law, the third paragraph of article 6.1"; 1.3. deleting subparagraph 1.1 and 2.1, the words "the State, municipal and other derivatives"; 1.4. deletion of paragraph 2.6 and 2.7, the words "the State, municipal or other derived" (fold); 1.5. make paragraph 3 by the following: "3. This provision 2, 3 and 4 the Department rules do not apply if the public person's property (hereinafter referred to as the lease object) is leased to the social, cultural, educational, scientific, sports, environmental and animal protection or health care function, as well as if the municipality hires Street (part of) the transport structure and inženiertīkl of the works, which are carried out pavement cracking, ground work and street design renewal or works, during which you need to take the street elements, as well as in cases, if necessary take the street elements, placing barricades, scaffolding, containers, estakād, building materials, and various mechanisms, as well as other temporary structures. The object of the lease rent objectives in accordance with the Cabinet of Ministers, Municipal Council or other derived public people approved of paid services price list. If the object of the lease rent in economic activity and the respective object leasing as commercial support, the rent is determined according to the certified assessors to set market rents. Paid the price list shall be reviewed as appropriate, but not less frequently than every six years. '; 1.6. in point 4.5 delete the words "national or derived"; 1.7. the express section 4.10 by the following: "4.10 lease object that is real property, the lease of a public person, its authority, the Corporation or an individual delegated public functions or tasks of the State administration;"; 1.8. the deletion of paragraph 6, the words "the State, municipal and other derivatives"; 1.9. to make paragraph 9 by the following: "9. the lessor pursuant to the public interest and efficiency considerations, have the right to decide whether the term of the lease extension with the tenant (not by auction), who served in good faith laid down in the agreement concerned the obligations of the lessee, including it has no outstanding debt against the lessor, and the lessor known real estate maintenance services required for the payment of the debt, or rent the rent object to another tenant in accordance with the procedure laid down in these provisions. The lease may be extended, provided that the total duration of the lease must not exceed public personal financial resources and waste prevention statutory term of the lease, except for the exceptions to those rules. "; 1.10. to supplement the provisions under point 9.1 and 9.2 as follows: 9.1 "with the lease the lessee shall not be extended if the last year of the lease the lessor is unilaterally terminated the other tenant signed agreement for the use of the property, so that the lessee does not fulfil the obligations laid down in the agreement or the entry into force of the court order under which the other is terminated by lessor under contract on the property.
9.2 extending the term of the lease, the rent review, the application of these provisions that the rent determination. If the object of the lease rent in economic activity and the respective object leasing as commercial support, it is the responsibility of the lessor, the lessee the lease by extending the term of the contract to determine the rent according to the certified valuer for the stated market rents. If the rental charges upon certified assessors and the amount of remuneration can be assigned to a particular lessee, tenant in addition to the rental fee to compensate the landlord a certified assessor remuneration. "; 1.11. delete paragraph 12.2., the words "State or child"; 1.12. Express 19, 20 and 21 of the following paragraph: "19. If the application for the lease object that is a national real estate, landlord shall provide a public body or a public corporation for which real property require public functions or delegated the task, not the tool and auction leasehold rent, the public body or a public corporation, and in written or electronic form shall inform other lease applicants. If the application is submitted to the lessor derived public person, its authority, its Corporation or individual to whom the real property is necessary public functions or delegated to the Government the task of object of leasing, have the right to rent the derived public person, its authority, its Corporation or an individual, without the auction. On the writing or electronically inform the other lease applicants. The rent object, its market demand, have the right to rent the individuals for whom real estate need delegated the task to perform, if the rental object is directly applied to the delegated administration tasks. 20. If the application for the lease object, which is derived public person in real property, the lessor shall submit the corresponding derived public persons in authority or a corporation, for which the real estate needs of public functions or delegated the task, not the tool and auction leasehold rent the derived public person to the authority or the Corporation, in writing or electronically and shall inform the other lease applicants. If the application is submitted to the lessor other derived public person, its authority, a public body, Corporation or individual to whom the real property is necessary public functions or delegated to the Government the task of object of leasing, have the right to rent the derived public person, its authority, a public body, Corporation or individual, the auction did not act. On the writing or electronically inform the other lease applicants. The rent object, its market demand, have the right to rent the individuals for whom real estate need delegated the task to perform, if the rental object is directly applied to the delegated administration tasks. 21. If an application for a lease object that is real property, the lessor shall submit more national authorities, derived public persons, or their bodies, corporations, or individuals, which the real estate needs of public functions, or delegated to the Government the task of leasing, leasing of objects in the following priority order: 21.1. derived public person, public authority, the Corporation of the person or persons who already use its portion of the property that contains the lease object; 21.2. derived public person, public authority, the Corporation of the person or persons whose functions specified in the publication match the lease object use and letting the purpose; 21.3. derived public person, public authority, the Corporation of the person or persons who lease lessor has submitted the first application. '; 1.13.38. points to express the following: "38. If the rental of the tenderer who offered the highest rent, refuses to enter into the lease, the lessor shall have the right to offer close consecutive rental contract to the tenderer who offered the next highest rent. The lessor shall, within two working days after the sending of the offer shall be published or publish the information referred to in this provision in question 13, 14 or 15 in paragraph homepage on the internet. "; 1.14. make 52. paragraph by the following: "52. If the lease applicant who promised a higher rent, refuses to enter into the lease, the lessor shall have the right to offer close consecutive rental contract to the tenderer who promised the next highest rent. The lessor shall, within two working days after the sending of the offer shall be published or publish the information referred to in this provision in question 13, 14 or 15 in paragraph homepage on the internet. "; 1.15. express the title of Chapter 3 by the following: "3. The rent determination methodology, if real property leased to a person or public body, Corporation or for public or private functions delegated to the Government the task "; 1.16. the express 54 and 55 above. as follows: "54. If the object of the lease rent or the public authority, the Corporation or an individual delegated public functions or the Government to perform its task, the rent shall be determined in accordance with the provisions of this chapter. 55. Mutual Agreement of the parties, the person or public body, Corporation or individual object leased rent rent is changed once a year for the next rental period, if you have changed the object of the lease provided for management expenses, and the difference between the calculated rent is at least two percent. " 1.17. paragraph 58 be expressed as follows: "58. Direct cost, calculated in accordance with this provision under section 57, the formula is changed, if the parties mutually agree that the tenant, which is a public person or institution, Corporation or individual, will take appropriate action, or not at all costs." 1.18. Express point 62 the following: "62. Direct cost, calculated in accordance with paragraph 61 of these regulations specified in the formula is changed, if the parties mutually agree that the tenant, which is a public person or institution, Corporation or individual, make capital improvements or cost is not mentioned."; 1.19. the deletion of 39.2 points. 1.20. paragraph 64 to express the following: "64. If the movable property leased for purposes other than that qualify as commercial support, movable belongings conditional lease charges the renter may invite a certified appraiser. If the movable property, without the auction, rent in economic activity and the property leasing as commercial support, the renter is obliged to determine the notional rent certified valuer for determining market rent. If the rental charges upon certified assessors and the amount of remuneration can be assigned to a particular lessee, tenant in addition to the rental fee to compensate the landlord a certified assessor remuneration. "; 1.21.66. point be expressed as follows: "66. real property imputed rental charges the renter may invite a certified appraiser. If the object of the lease rent under this rule 4.1, 4.6 and 4.7, as well, without the auction, economic activity and the property leasing as commercial support, the renter is obliged to determine the notional rent certified valuer for determining market rent. If the rental charges upon certified assessors and the amount of remuneration can be assigned to a particular lessee, tenant in addition to the rental fee to compensate the landlord a certified assessor remuneration. "; 1.22. the express in paragraph 69 of the introductory paragraph as follows: "69. If real property leased for purposes other than that qualify as commercial support: "; 1.23. deleted section 69.3.; 1.24. the supplement to Chapter 4 69.3 69.4 69.5 and 72.2 points, such as: "If the lessee 69.3 (economic analyst) economic activity corresponds to the Commission 18 December 2013 to Regulation (EU) No 1407/2013 for the Treaty on the functioning of the European Union and article 107.108. application of the de minimis aid (Official Journal of the European Union, 2013 December 24, no. L 352/1) (hereinafter referred to as Commission Regulation No 1407/2013) or Commission 27 June 2014 to Regulation (EC) no 717/2014 for the agreement on the European 107. The Union's activities and the application of article 108 of the de minimis aid for the fisheries and aquaculture sector (Official Journal of the European Union by 2014 28 June, no. L 190/45) with regard to fisheries companies, operating in accordance with the European Parliament and of the Council on 11 December 2013 Regulation (EU) no 1379/2013 for fishing and aquaculture products the common organisation of the market, and amending Regulation (EC) no 1184/2006 and (EC) no 1224/2009 and repealing Council Regulation (EC) No 104/2000 (European Union Official Journal, 2013 December 28, no. L 354/1) (hereinafter referred to as Commission Regulation No 717/2014), or a Commission of 18 December 2013 to Regulation (EU) No 1408/2013 for the Treaty on the functioning of the European Union and article 107.108. application of the de minimis aid in the agriculture sector (Official Journal of the European Union, 2013 December 24, no. L 352/9) (hereinafter referred to as Commission Regulation No 1408/2013) the lessor is entitled to give it support in the form of reduced rent for not more than five years, setting the rent discount up to 50% of the required amount of rent. This support is provided by mutual agreement between the parties for support start date if the lessee undertakes to respect at least one of the following conditions: 1.69.3 to create new jobs; 2. make financial 69.3 investments that support economic expansion or diversification; 3. make financial 69.3 investments that will spur innovation or newly created production company formation; 69.3 4. to invest in the infrastructure development of the lease object. 69.4 municipality, reducing real estate rentals belonging to the municipal immovable property, has the right to issue binding rules determining the tenant requirements in addition to these terms the conditions mentioned in paragraph 69.3. 69.5 support to reduce the rent, is cancelled, and the lessee (the merchant) the lessor shall repay the part of the rent which is supported in the form of reduced rent, if: 1. the lessee 69.5 (merchant) has supplied incorrect information on de minimis aid received; 69.5 2. lessee (merchant) breaking the lease agreement the rights and fulfil the obligations or if the lessee (the merchant) the acts or omissions of material injury is caused to the environment and people and the entry into force of the decision of the competent institution following the injury. This rule 72.2 69.3 aid referred to reduced rental fees in the form of grants in accordance with Commission Regulation (EC) No 1407/2013 or Commission Regulation No 717/2014, or Commission Regulation 1408/2013, subject to the following conditions: 72.2 1. aid shall be granted, in accordance with Commission Regulation No 1407/2013 or Commission Regulation No 717/2014, or Commission Regulation 1408/2013, if the economic operator is declared by a Court of bankruptcy process with the judgment of the Court is the legal protection process or by a decision of the Court of Justice is an out-of-court redress process, has launched bankruptcy proceedings, suitable for rehabilitation or composition or that economic activity has ended, or that it complies with national legislation the criteria for the application of the creditor, at the request of the insolvency proceedings; 72.2 2. prior examination of the applicant (in accordance with the information provided by him), or the fiscal year and the previous two fiscal years the applicant received de minimis aid amount does not exceed the Commission Regulation No 1407/13 Article 3, paragraph 2 of Commission Regulation No 717/2014 article 3 (2) or Commission Regulation No 1408/2013 article 3 (2) the maximum amount of the aid to one single company. One single company within the meaning of these provisions comply with the provisions of Commission Regulation No 1407/13 article 2, paragraph 2 of Commission Regulation No 1408/2013 article 2 and paragraph 2 of Commission Regulation No 717/2014 point 2 of article 2 laid down in one single definition for a company; 72.2 3. the applicant shall comply with the provisions of Commission Regulation No 1407/2013 article 1 or in paragraph 2 of Commission Regulation No 717/2014 article 1, paragraph 2 and 3, or Commission Regulation No 1408/13 2 and 3 of the type referred to in paragraph 1; 4.72.2 for support, the lessee shall submit to the lessor in writing or electronic form about other de minimis aid received in accordance with the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid in the form of samples or form of de minimis aid received in accordance with the legislation on fisheries and aquaculture sectors in the de minimis aid granted in the Administration and monitoring of the or form of de minimis aid received in accordance with the laws and regulations for the agricultural sector to be granted administration of the de minimis aid and monitoring; 5. the lessor 72.2 applying aid reduced rent, accounting support, provided under: 72.2 5.1. Commission Regulation (EC) No 1407/2013, subject to the laws and regulations on de minimis aid tracking and allocation procedure and de minimis aid in the form of samples; 72.2 5.2. Commission Regulation No 717/2014, subject to the regulations on fishery and aquaculture sector of the de minimis aid to be granted administrative and supervisory procedures; 72.2 5.3.  Commission Regulation No 1408/2013, subject to the regulations for the agricultural sector in the de minimis aid granted in the Administration and monitoring arrangements; 6. within the framework of these rules 72.2 received de minimis aid can be combined with other de minimis aid to Commission Regulation No 1407/2013 article 3 (2) or in Commission Regulation No 717/2014 article 3, paragraph 2, of the Commission or of Regulation No 1408/2013 article 3 (2) the limit value concerned and may be cumulated with other State aid relating to one and the the same eligible costs or other public aid for the same venture funding measure, if the result of the cumulation is not exceeded the maximum aid intensity or aid amount, a particular case of specific circumstances laid down in Commission block exemption regulation (Commission of 17 June 2014 Regulation (EU) No 651/2014, by which certain categories of aid compatible with the internal market, the application of the Treaty and article 107.108) or in accordance with Commission Regulation No 1407/2013 article 5, points 1 and 2. , or Commission Regulation No 717/2014 5. Article 1, paragraph 2 and 3, or Commission Regulation No 1408/2013 article 1, 2 and 3. '; 1.25. the express, 74 and 75 73. the following paragraphs: ' 73. If, in accordance with the lease conditions published public people's real estate to ensure sustainable development for the lessee's obligation to make a financial investment in the rental object, which is the real estate, or if the tenant lease during the term of the contract, in coordination with the lessor, the lease object performs the necessary and valid expenditure that could not be amortised (attain) the 12-year period, the lease agreement can be concluded or extended for not more than 30 years. 74. If the rental object that is real estate, is leased to public functions or delegated the task to perform, a rental contract concluded under the public functions or delegated the task at the time. 75. If the lessee shall submit an application to the European Union's structural funds, the Cohesion Fund or other foreign financial instruments for the purposes of the project, which provides financial resources to invest in the rental object, the lessor shall have the right to conclude a lease contract or extend the lease term of the lease object under ex post monitoring and project implementation, provided that the total duration of the lease does not exceed 30 years. '; 1.26. supplement with 76.4. subparagraph by the following: "76.4. every six years, if the lease agreement concluded for a period of more than six years, and to review the rent by applying those provisions for the procedures for the determination of rent, or certified valuer for determining market rent if the rent object lease is economic activity and the respective object leasing as business support. If the rental charges upon certified assessors and the amount of remuneration can be assigned to a particular lessee, tenant in addition to the rental fee to compensate the landlord a certified assessor remuneration amount. The rent will not be reviewed if the lease agreement has been concluded in accordance with the provisions of paragraph 73. "; 1.27. the express point 80 the following: "80. Public Authority, a public entity or derived its authority, a corporation or an individual who leases a lease object public function or delegated the task to perform, not to lease all or part of the object put sublet except if the rental object is leased to ensure public catering, which has limited public access, or in other cases, the consent of the lessor. If the rental object passes the economic activity and sublet the rental object as commercial support, the rent is determined according to market rents. " 1.28.87. points to express the following: "87. Leasing contracts concluded before the entry into force of the provisions of the applicable legislation in force, the switch of the relevant lease. The lessor shall be entitled to extend the term of the lease in accordance with the provisions of article 9, 9.1 and 9.2 above. "; 1.29. to supplement the provisions of the following paragraph in the 88:88 ". If the rental agreement is for the lessor's right to unilaterally revise the rental fee in such cases, if the regulations provide for another rental fee and (or) the calculation of the rent, or the parties so agree, then from 2015 December 1 rent determined in accordance with the provisions of subparagraph. "76.4 2. the rules shall enter into force in 2015 on 1 December. The Prime Minister is the Rapidity of the Newsletters Finance Minister John a Rare