home Business blog Placement of advertising on the fences of construction sites. Basic concepts in the field of placement of outdoor advertising objects and information, the procedure for issuing permits for the installation of advertising structures (temporary advertising structures) - Dokum

Placement of advertising on the fences of construction sites. Basic concepts in the field of placement of outdoor advertising objects and information, the procedure for issuing permits for the installation of advertising structures (temporary advertising structures) - Dokum

Advertising is stationary and temporary. It differs in how quickly and reliably it is mounted. For example, a billboard and a banner on a house are stationary advertisements. Bicycle with a sign "Coffee house 50 meters" at the post - temporary.

All outdoor advertising must fit into the architectural appearance of the city, not spoil the view of citizens, not interfere with motorists, comply with technical requirements and Article 19 of the Federal Advertising Law.

In the article, we analyze how to place outdoor advertising legally. The steps may differ depending on the regulations in your city. But the basic scenario is this.

1. Find out how to get permission to advertise in your city

For every outdoor advertisement you get a permit. You submit the same application for advertising in any city of Russia. But how to get permission is regulated by local authorities. For example, in St. Petersburg, in order to install an advertisement or a sign, you need to coordinate it with the Committee for Urban Planning and Architecture. For Moscow there is a separate regulation, the most complex and longest in Russia.

For issuing a permit, you will pay a fee of 5000 ₽ for one advertising space. These are all payments to the budget: if a government official demands more money, it is illegal. If you have violated the requirements of the advertising law, you will be denied permission and the fee will not be refunded.

Check local practices on the city's official website so you know what you need to submit along with your application and toll receipt.

2. Agree on advertising placement

The layout, technical requirements, the cost of advertising - it all depends on the site. It can be a commercial building, an apartment building, a municipal building, an advertising stand. Your task is to find who owns the site and arrange placement with them.

It makes no sense to look for who owns a road sign, a repair fence, a technical city building - advertising is prohibited there. For violations, the city authorities issue fines, force them to dismantle and repair damaged buildings.

If you are satisfied with the place for advertising and the terms of the lease, conclude an agreement on the lease of advertising space. Most likely, it will need to be attached to the application for advertising.

At your own home

If you, like in a classic Italian commune, have opened a coffee shop on the first floor of your house, hang ads on the second floor, it's free. But you still need to collect a technical specification, get permission from the municipality and pay a fee.

On commercial real estate

If the coffee shop is located in a business center or commercial building, negotiate with the property owner or landlord with the right to advertise. If the building has several owners who are not united in a firm, all owners give permission for advertising.

The contract for the lease of an advertising structure is concluded for a period of 5 to 10 years, depending on local legislation. The right to place advertising is confirmed by the lease agreement for advertising space. Therefore, at the initial stages, it is profitable for small coffee houses that are not confident in their abilities to rent from tenants, i.e. become subtenants. When subleasing advertising space, you agree with the landlord for the required period, he acts on behalf of all owners.

On a residential building

It is important to attend in person and oversee the meeting. Put three topics on the agenda:

Is it possible to place advertising on the roof or wall of the building, for how long and in what format.
Who will enter into an agreement with the advertiser on behalf of the tenants. As a rule, this is the chairman.
Under what conditions are tenants willing to advertise. If you pay for advertising to tenants, determine where and how you pay, who accepts payment, who signs bills and acts.

Accommodation conditions include discounts on coffee, the provision of loyalty cards, the obligation to renovate the premises for a coffee shop or poison the rats in the basement. How do you agree.

To advertise, get the consent of at least 2/3 of the owners.
After each meeting, the owners sign the minutes. This is an official document that fixes the agenda, the quorum, who voted for what. Only signatures will help you in case of litigation, so follow the protocol and make a copy.

If you are a subtenant in a residential apartment building where there is a coffee shop on the ground floor, ask the landlord about outdoor advertising. Most likely, he already held a meeting when he rented the space, and received permission to advertise. In this case, you just need to agree with the landlord.

On urban real estate

City real estate, in other words, municipal property, are buildings that are supported by budget money. These are schools, gardens, hospitals, recreation centers, libraries, administration building. The list of such property in Civil Code no, but you will not confuse: outdoor advertising on municipal buildings is monitored.

Accommodation outdoor advertising on municipal buildings goes through an auction or competition and is subject to local law. If you want to rent municipal advertising space, read the auction procedure and participation rules on the official website of your city.

It can be a daunting task for a start-up coffee shop to collect the full package of documents and funds for an auction. But we do not recommend placing outdoor advertising on city property without permission: this is the first thing that local authorities control from outdoor advertising.

The municipality rents out some of the buildings and advertising space. For example, the first floors of the House of Culture were leased to a contractor. Then the coffee house in this DC becomes a subtenant and does not participate in the auction, because. already won by the landlord. It is necessary to agree on advertising with him. Check his advertising rights.

On multiple buildings

If the banner according to the plan hangs on two buildings, negotiate with two owners of advertising spaces. How many owners of advertising space participate in the placement of advertising, so many contracts.

Advertising structures are owned by the city, advertising agencies that rent from the city, individuals and firms. The logic is simple: find the owner or tenant of the advertising space, check his rights to the desired advertising stand, and conclude an agreement.

Placed on objects intended for advertising is as convenient as in shopping malls: this is a business for owners, technical requirements are described, contract templates are worked out, the features of installation and dismantling are known.

If the owner of the coffee shop at the beginning of the article had chosen the city billboard instead of the fence, there would be no problems. Or it would not be the problem of the owner of the coffee shop, but the owner of the advertising space.

On asphalt

Since 2013, it is not allowed to put inscriptions on asphalt and other road surfaces. Drawing inscriptions and graffiti on roads is considered an administrative offense. For cities and regions of Russia, the amount of the fine is determined by local authorities, read the "Code of Administrative Offenses" of your city.

In Moscow, a fine of 3,000 to 5,000 rubles for individuals and individual entrepreneurs, from 50,000 to 150,000 rubles for LLCs.

In practice, if the entrepreneur is not caught on the spot with a can of paint, he will not be punished. Therefore, many paint ads on the pavement, taking two precautions: stay away from cameras and windows of grandmothers, do not use the logo and name of the coffee shop. Instead, they draw, for example, a path of coffee cups or grains from a human stream to a coffee shop. In this case, it is difficult for officials to demand an explanation from a particular coffee shop.

There are companies on the Internet that offer services for applying advertising graffiti to asphalt. Use their services carefully, they break the law, rarely conclude contracts, and in case of problems with the contractor, the court will not help you.

If the owner of the coffee shop draws on the pavement himself, he will receive two fines: for illegal advertising and for damage to property, plus he will pay for its repair.

On the monument

You can advertise on protected architectural monuments if you operate a coffee shop inside the monument. For example, you rent a space for a cafe in a local theater. The theater lives in a building of the beginning of the 19th century, the building is protected by the state. The theater benefits from your coffee shop, you pay rent, people visit you during the intermission. In this case, the management will tell you in what style to make advertising, where to hang it and with whom to negotiate.

In other cases, you can't. It is especially impossible to do this without permission, because you will be fined for hanging advertisements without permission and for damaging monuments of national importance.

The maximum fine for legal entities for damage to especially valuable objects of cultural heritage is 60 million rubles.

If you see a “Protected by the State” sign on your house, don’t advertise on it without permission, you will pay more fines than new visitors will pay you for coffee.

3. Order a layout

If you order advertising from a design studio, then meeting the technical requirements from the owner of the advertising space is their task. As a result, you should have both the specification and the layout of the advertisement that fit the specification. Just in case, do not forget to compare the requirements from the owner of the advertising space and what the contractor did.

The Law on Advertising does not regulate the technical specification of outdoor advertising. But it is necessary to prepare the specification, otherwise the application for advertising will not be approved.

In order not to be mistaken, ask colleagues from other coffee shops what they used to advertise, or the municipality what they want to see as technical descriptions.

4. Think over the advertising message

Requirements for the content of advertising regulates. Here it is in short:
- do not play on the contrasts between your cool coffee and competitors' drinks. A dull guy with a glass of McCafe and a cheerful guy with your glass on one banner - this is prohibited as unfair competition;
- avoid the similarity of advertising with road signs, it is dangerous for traffic, it is forbidden. Please do not confuse the logo of a coffee shop in the form of a road sign with the road sign "Cafe" - these are set by Rosavtodor and branches, they can;
- be careful with the play on words and pictures. Vigilant citizens will see anything in the advertising poster - for example, an appeal to drink American coffee, not native chicory, and write a complaint against you to the prosecutor's office. Therefore, if you want to play on the opposition of "americano" and "rusiano", hire a lawyer;
- and no erotica with coffee pots and cups in ads if you don't want to get an age rating for it.

The key to the success of an advertising message: honest advertising, compliance with the Constitution and industry laws. Do not deceive visitors and do not offend neighbors. Otherwise, the FAS will come to you with fines for forgery of information and competitors with the courts because of the damaged reputation.

5. Apply for permission

Collect in one package of documents:
- statement,
- a receipt for state duty,
- technical specification for the advertising structure from the lessor or written by you,
- layout of advertising without violating the Law on Advertising,
- agreement with the owner of the advertising space
- and whatever your municipality wants to see.

And submit for approval.

5. Order and install

With the signed permission, go to the advertising agency that will do the advertising. It manufactures and mounts it on the advertising space. Be sure to make sure that outdoor advertising is placed securely: if the billboard falls, it can injure a passerby. It is the job of an advertising agency to monitor the quality of the installation, but if the advertising falls, the residents will think about the coffee shop, not the agency. So it's better to check again.

Your task at this stage is to make sure that the final advertisement is the same as on the layout. Otherwise, you may be subject to regulatory sanctions that will force you to remake or remove the advertisement due to differences between the agreed layout in the application and the finished advertisement in the city.

6. Remove ads

The main thing - on time and safely. Safety depends on the design where the advertisement was hung. For example, if the advertisement was hanging on a billboard, you don't need to climb it without insurance. As a rule, the same company that hung up dismantles, they know how to do it right. Or you can hire freelance workers.

Keep all contracts, permits from the municipality, technical specifications while the advertisement is hanging and a year after dismantling.

What happens if you post ads without permission?

Many cafe owners are afraid of the legal placement of outdoor advertising on paper. They act differently: they pay inspectors every month, they do not place outdoor advertising, they manage with signs. How to advertise - the choice of the entrepreneur. This is a section about what happens if you choose illegal advertising.

Outdoor advertising is regularly checked by the Federal Antimonopoly Service and the Administrative and Technical Inspectorate. The main ones are the FAS, they have the right to review the issued permit and cancel it,. And vigilant residents write complaints to the housing and communal services, the prefecture and the police. In this case comes unscheduled inspection from FAS and ATI.

For illegal outdoor advertising, a businessman receives fines and orders for dismantling. If you also violated the Advertising Act, you could be sued by dissatisfied consumers for mismatching advertising and product, or from competitors for unfair competition.

Outdoor without permission or in violation of technical requirements:

+ compensation for health or property if the ad is down

Outdoor without permission and with false information:

From 3,000 to 5,000 rubles, if you are an individual entrepreneur
From 500,000 rubles to 1 million rubles if you are an LLC
+ dismantling and repair of damaged buildings
+ compensation to consumers for low-quality coffee according to the number of applicants by court order

Outdoor advertising without permission and exposing competitors' products:

Employees of the FAS and ATI fix errors and issue instructions that you must comply with or challenge in court. You can fulfill the inspection requirement and dismantle the advertisement immediately. The obligation to remove incorrect advertisements comes only by order of the court. A month is given for dismantling, if you do not do this, the court will oblige the landlord.

In practice, housing and communal services employees or representatives of the administration often forcibly dismantle outdoor advertising. If you received permission and hung advertising legally, you can challenge the actions of the authorities in the arbitration court within three months.

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Advertising construction services has always been quite difficult due to the specifics of the business itself and high competition. Therefore, you need to approach the issue of advertising your construction company especially carefully and thoughtfully.

How does an advertising campaign begin?

Choosing the one that is suitable for advertising your company should be after you determine your. After all, you can advertise construction a new residential complex of an economy class, or you can - elite country houses in a prestigious village. At their core, similar housing offers involve different locations.

For example, in an advertisement for economical housing, it is very important to indicate the cost of the apartment, write about the possibility of taking out a mortgage or getting an additional discount. It is important to indicate exactly those characteristics that are important for target audience: optimal price-quality ratio, availability of infrastructure and public transport within walking distance.

To advertise elite residential complexes or country cottages, completely different methods are used: it is necessary to convey to the audience the advantages of this housing, its prestige, and the cost here is of secondary importance.

What types of media can be used?

Since construction is a serious expensive product, then you need to choose the appropriate advertising - large formats, serious press, radio stations, federal television channels,.

Outdoor advertising for construction companies

According to the head of the department marketing communications one of the investment and construction holdings, outdoor advertising construction companies use it all the time, but depending on the season, its volumes change. Increasingly, advertising is placed on large-format media, such as, for example, firewalls or banners measuring 5x12 or 5x15 m, while the classic 3x6 m billboards still remain relevant.

Outdoor advertising on construction sites

Advertising on the construction site and on its own fences occupies a special place in advertising construction companies. It is suitable for both standard objects and elite ones. In addition, it is more profitable than the usual "outdoor" and acts as a whole on the principle of "object + advertising". After all, the consumer not only sees how the object is being built, but also associates it with the construction company, which positively affects its image.

Television in advertising for construction companies

As a remedy advertising for construction companies television is not the most the best choice. This is due to the high cost of placement and vague, because it is possible to estimate the coverage of a more or less solvent audience only approximately. This one is suitable for large holdings, as it works more as an image component advertising campaign .

Indoor Advertising (Indore)

The waybill at stations is one of the favorite formats used by developers. The large size of the banner, with an area of 8 meters, cannot go unnoticed. The cost of this format starts from 55,000 rubles, depending on the city and the specific metro station.

Also popular with advertisers from the construction industry. Frames in elevators A3 format or branding external doors are optimal for an advertising campaign. The cost of branding one elevator cabin in the business center middle class is about 30,000 - 40,000 rubles per month.

Conducted prove that under the influence of internal advertising a person is 2-2.5 times longer than under the influence, which accordingly increases the chances of success of the entire campaign.

Given the large flow of potential consumers who can see such advertising, we can talk about good potential for construction companies.

Internet advertising

Most often, construction companies use banner and contextual advertising. According to major players construction business The most effective banner advertising is placed on special portals with high traffic.

Information component

Most of developers' advertisements- advertising is selling, aimed at promoting a particular object, and not image-building. Almost all builders are made according to the same principle: the image of the object being sold, its name, logo and slogan. From time to time you can see people on the posters.

Luxury real estate uses emotional characteristics and special privileges in advertising, for example, an elevator to the apartment directly from the underground parking or a private terrace and access to the roof.

Many types of media are suitable for advertising a construction company, it all depends on the final goal and on the audience. As practice shows, the most effective for young companies is internal and. The first - due to long-term contact, the second - due to the large coverage of potential buyers.

Basic concepts in the field of outdoor advertising and information placement.

Registration procedure permits for installation

Advertising* - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, generating or maintaining interest in it and promoting it on the market.

Outdoor advertising - advertising distributed using billboards, stands, building nets, banners, electronic displays, balloons, balloons and other technical means stable territorial placement (advertising structures) mounted and placed on external walls, roofs and other structural elements of buildings, structures, structures or outside them, as well as stopping points for public transport.

Panel installations- free-standing advertising structures on the ground, having external surfaces for placing information and consisting of a foundation, a frame and an information field.

Volumetric-spatial constructions- advertising structures, on which both the volume of the structure and its surface are used to distribute advertising information.

brackets- two-sided flat or three-dimensional structures, fixed perpendicular to the facade of buildings in which organizations are located, and bearing Additional information about their name.

Console panels- planar structures mounted on electric lighting and contact network supports.

Projection installations- advertising structures designed to reproduce the image on the ground, on the planes of the walls and in volume. Designs of projection installations consist of a projecting device and a surface (screen) or volume in which an information image is formed.

Electronic screens (electronic scoreboards)- advertising structures designed to reproduce an image on the screen plane due to the light emission of LEDs, lamps, other light sources or reflective elements.

Ground panels- objects of outdoor advertising placed on the surface of the earth.

Other technical means of stable territorial placement (advertising structures).

1)Remote panel structures (pillars)- temporary objects of outdoor advertising placed in the city by enterprises during their working hours.

Pavement signs should be double-sided, should not have their own illumination, the area of one side should not exceed 1.5 sq.m. Pavement signs are placed in pedestrian areas and on sidewalks within 5 m from the entrance to the enterprise.

It is forbidden to install pillars that interfere with the passage of pedestrians, with a sidewalk width of less than 2 m, as well as those oriented to the perception from the roadway.

In order to preserve the architectural appearance of the city of Izhevsk, it is not recommended to place more than two pillars at the entrance to the enterprise, as well as the use of pillars if there are signs and shop windows that are clearly visible from the sidewalk.

2) Building nets- temporary objects of outdoor advertising, enclosing construction sites, intended for drawing images. Placement of outdoor advertising on construction grids is carried out during construction works on the outside (facade) of the building.

City Information Objects

Structures (part of the structure) installed on the territory of the city of Izhevsk for the purpose of orientation and reference service for residents and guests of the city of Izhevsk when moving around the city, informing the population about the events of city life, the work of local governments and bodies state power. The information placed on such objects should not bear signs of advertising. The installation of city information objects is allowed subject to agreement with the Administration of the city of Izhevsk. A permit for the installation of urban information objects is not required, and no accommodation fee is charged.

Information design objects

Signboard - a design designed to bring to the attention of consumers information about the manufacturer (executor, seller). The sign must contain information about the name of the organization, its location and mode of operation.The sign must not contain signs of advertising. It is recommended to place the sign in a visible place on the building on the right or left at the main entrance, or above the entrance. It is allowed to place trademarks and service marks registered in the established order, as well as decorative elements on the signboard. It is recommended to coordinate the placement of the signboard, its appearance and lighting option with the Izhevsk City Administration. The administration of the city of Izhevsk, when agreeing on a sign, considers the following documents:

1) a draft design with a photograph (a document that determines the appearance of a sign);

2) design documentation for the sign, made in accordance with the requirements of the law (drawing indicating the attachment points)

Registration of a permit for the installation of a sign is not required, a fee for placing a sign is not charged.

What you need to do to install an advertising structure:

If the structure is placed on a land plot (panel installations, three-dimensional structures, flag compositions, etc.)

It is necessary to find out who owns the land plot on which the structure is supposed to be installed. This information can be obtained upon a written request from the Department of Land Resources and Land Management of the Izhevsk City Administration, if this organization does not have such information, then from the Federal State Institution "Land Cadastral Chamber" at UR.

Conclude a contract for the installation and operation of an advertising structure.

Installation and operation of the advertising structure are carried out under an agreement with the owner land plot to which the advertising structure is attached, or with a person authorized by the owner, including the tenant. The subject of the contract is the right to install and operate the advertising structure.

3. Obtain permission to install an advertising structure.

3.1. In order to obtain a permit for the installation of an advertising structure, it is necessary to submit an application for a permit (a sample application is attached) and the following documents to the Office for Outdoor Advertising, Information and Design of the City Administration of Izhevsk (hereinafter referred to as the Office) (a sample application is attached):

a) information about the applicant - individual(copy of passport, place of residence, contact phone number), information about the applicant - a legal entity or individual entrepreneur (copy of certificate of state registration as a legal entity or individual entrepreneur, a copy of the certificate of registration in tax authority(TIN), a copy of the Charter or other title document, legal address, contact number);

b) a draft design with a photograph (a document defining the appearance of an advertising structure, the sketch is prepared in two copies on an A4 sheet);

c) topographic survey of the territory of the place of installation of the advertising structure on a scale of 1:500 (topographic survey can be obtained at the Main Department of Architecture and Urban Planning of the Administration of the city of Izhevsk, it indicates traffic signs within 50 m and nearby stationary advertising structures within 50 m from the place installation of an advertising structure);

d) confirmation in writing consent of the owner or other legal owner of real estate to attach an advertising structure to this property (agreement);

f) design documentation for an advertising structure, made in accordance with the requirements of the law, indicating the service life of the advertising structure (a drawing indicating the attachment points, the drawing indicates the contractor, his signature, contact phone number).

In case of non-compliance of the documents with the above requirements, the applicant is refused consideration of the application in writing. A notice of refusal to consider an application shall be sent to the applicant no later than 7 working days from the date of registration of the application for registration and issuance of permission to install an advertising structure.

3.2. The Department for Outdoor Advertising, Information and Design of the city of the Administration of the city of Izhevsk will agree on an advertising passport for the installation of an advertising structure. Persons wishing to install an advertising structure have the right to independently agree on the passport of the advertising space (attached).

The term for making a decision on issuing or refusing to issue a permit for the installation of an advertising structure is 2 months from the date of filing an application for registration and issuance of a permit for the installation of an advertising structure and required documents.

1. Conclude an agreement for the installation and operation of an advertising structure with the owners of the premises of an apartment building or with their authorized representative. If for the installation and operation of an advertising structure it is planned to use the common property of the owners of premises in an apartment building, the conclusion of an agreement for the installation and operation of an advertising structure is possible only if there is the consent of the owners of premises in an apartment building, obtained in the manner established housing code Russian Federation. The document confirming the consent of these owners is the minutes of the general meeting of owners of premises in an apartment building. The conclusion of such an agreement is carried out by a person authorized to conclude it. general meeting owners of premises in an apartment building.

If the property (building, structure, land plot or other property) is under the jurisdiction of the municipal formation "City of Izhevsk"

The list of documents to be submitted to the Office:

1. Application for participation in the auction, filed on time and in the form established by the tender documentation (auction documentation);

2. Information about the applicant:

a) name (full, abbreviated), legal form, location: actual and legal address, postal address - for a legal entity;

last name, first name, patronymic, details of an identity document, place of residence - for an individual entrepreneur and an individual;

b) telephone number, fax, e-mail address.

3. For a legal entity: an extract from the Unified state register legal entities on a date not earlier than six months before the filing of an application for participation in the auction or its notarized copy.

For an individual entrepreneur: identity document, place of residence, extract from the Unified State Register individual entrepreneurs on a date no earlier than six months before the filing of the application for participation in the auction or its notarized copy.

4. A document confirming the authority of a person to act on behalf of the applicant:

– a copy of the document on the appointment of the head (for a legal entity);

– a power of attorney to act on behalf of the applicant (provided if necessary).

5. Information about total area information fields of advertising structures, permits for the installation of which were issued to the applicant and its affiliates on the territory of the municipal formation "City of Izhevsk".

6. Other documents stipulated by the tender documentation (auction documentation).

The term of the bidding procedure is no more than 7 working days from the date of the deadline for submitting applications for participation in the bidding.

The draft contract is transferred to the winner or an authorized representative of the winner of the auction (or bidder) against signature. Within the period established by the tender documentation (documentation of the auction), the winner of the auction (or bidder) submits the signed contract to the Office for Outdoor Advertising, Information and Design of the city of the Administration of the city of Izhevsk (attached).

After the approval procedure for the advertising space passport and the conclusion of an agreement for the installation and operation of an advertising structure, submission of documents to the Department along with an application for issuing a permit for the installation of an advertising structure (attached) and payment by the applicant of the state fee in accordance with the Tax Code of the Russian Federation, a permit for installation is issued advertising design.

The procedure for the applicant to submit documents for obtaining permission to install an advertising structure (temporary) is similar to the procedure for submitting documents for obtaining permission to install an advertising structure (stationary), if a temporary advertising structure is installed on real estate in private ownership.

In case of installation of a temporary advertising structure on a land plot, building or other immovable property, which is administered by the municipality "City of Izhevsk", an agreement for the installation and operation of a temporary advertising structure is concluded with the Office.

The contract for the installation and operation of a temporary advertising structure is concluded for a period of up to 1 year.

Installation of an advertising structure without permission is not allowed. . If an unauthorized advertising structure is installed, it is subject to dismantling on the basis of an order from the Office for Outdoor Advertising, Information and Design of the city of the Administration of the city of Izhevsk (hereinafter referred to as the Office). For failure to comply with the requirements of regulatory legal acts of local self-government bodies, administrative liability is provided in accordance with the Law of the Republic of Uzbekistan dated November 16, 2001 N 49-RZ
";On the establishment of administrative responsibility
behind certain types offences";

Normative acts regulating issues related to outdoor advertising:

2) Decision of the City Duma of Izhevsk dated December 22, 2006 N 219 ";On approval of the Rules for regulating relations arising in the field of placement of outdoor advertising and information objects in the city of Izhevsk";;

3) Decree of the Administration of the city of Izhevsk dated March 22, 2007 No. 137 “On the implementation of the decision of the City Duma of Izhevsk dated December 22, 2006 No. 219 “On approval of the Rules for regulating relations arising in the field of placement of outdoor advertising and information objects in the city of Izhevsk”;

Legal regulation placement of advertising on the fences of construction sites and building nets is carried out by art. 19 of the Advertising Act. Key Concept- an advertising structure (clause 1, article 19), which is understood as a technical means of stable territorial placement, for example, a shield, a stand, as well as a construction mesh, a constriction. At the same time, temporary advertising structures are allocated - their placement period is determined by the functional purpose and installation site and is no more than 12 months (clause 5.4 of this article). For example, building nets, fences construction sites, places of trade.

It is obvious that the construction site fencing or the building net is not an advertising structure in itself. So, in order to ensure safe working conditions, reduce the risk of damage to the health of workers, as well as the population in SNiP 12-03-2001 “Labor safety in construction. Part 1. General requirements» provides for the obligation of all persons organizing and carrying out construction work to comply with the requirements provided for by these rules, namely:
- prior to construction, install fencing of work areas in settlements or on the territory of the organization (the height of the construction site fence must be at least 1.6 m, and if the fences are adjacent to places of mass passage of people, then the height increases to 2 m and the fence is equipped with a canopy);
- close the facade of the scaffolding with a protective mesh with a mesh size of no more than 5 x 5 mm, if a mass passage of people is organized in the immediate vicinity of the scaffolding (clause 7.4.16 of SNiP 12-03-2001).

Construction site fencing primarily performs a protective function - to prevent access of unauthorized persons to the territory with dangerous and harmful production factors. At present, the security function of the fence is no less relevant - ensuring the protection of material assets of construction. Fencing is usually the builder's primary asset.

Construction mesh is used to shelter scaffolding from atmospheric precipitation, to prevent debris and tools from falling from scaffolding working areas. It can also be used repeatedly (due to the strength of the threads, special impregnation).

Obviously, both the fence and the grid acquire the status of an advertising structure if outdoor advertising is planned to be placed on them. Usually shields, posters, banners with advertising information are attached to the fence. allows you to apply on some grids advertising image, but no less popular is the fastening of constrictions on them.

The most important "inconvenience" associated with the placement of advertising is the need to go through all the approval procedures provided for by the Law on Advertising and by-laws. Naturally, the question arises: are there situations when approvals are not needed?

Example 1
A real estate agency attached to the fence of a construction site owned by construction organization, poster with promotional information. Does an agency need permission to advertise?

Yes, required. The fencing of the construction site is considered as an advertising structure, the installation of which is possible only if the conditions specified in Art. 19 of the Advertising Act.

This conclusion is confirmed by the Decree of the Federal Antimonopoly Service of the Moscow Region No. КА-А40/11494-06 dated November 29, 2006 (legal relations arose during the validity period of the Federal Law No. 108-FZ dated July 18, 1995 "On Advertising"). In the case considered by the court, the territorial body of state administrative and technical supervision held the agency liable for the lack of permission to place advertising. The organization attempted to prove that the poster is not a technical device for stable placement (attached to a non-real estate building fence) and therefore its placement does not require permission. However, the judges, guided by paragraph 1 of Art. 14 of the named law, indicated that the posters are directly named among the technical means of stable territorial distribution, the use of which is possible only with permission.

Example 2

The developer installed a construction site fence and placed two shields on it:
- the first one contains information about the sale of apartments in a residential complex under construction, contact numbers (the developer himself is engaged in the sale);
- the second shows the dates for the start and completion of construction, the name of the organization leading the construction, as well as the image of the future residential complex.
Should the builder obtain permits?

In order to answer this question, you need to remember the definition of advertising.
Advertising - information disseminated in any way, in any form and using any means, addressed to an indefinite circle of persons and aimed at drawing attention to the object of advertising, generating or maintaining interest in it and promoting it on the market (clause 1, article 3 of the Law on Advertising).

The information posted on the first board refers to advertising financial services(clause 6, 10, article 28 of the Law on Advertising) and, as we have already found out, is outdoor advertising, therefore, permission is necessary (in this case, it does not matter that the advertising information is placed on the object of advertising by its owner). As an exception to this rule, in paragraph 23 of Art. 19 of the Law on Advertising named shop windows, kiosks, stalls, mobile points of trade, street umbrellas. Also, signs (clause 5, clause 2, article 2) and signs on vehicles, indicating that they belong to any persons (clause 4, article 20).

As for the second shield, it cannot be unequivocally attributed to outdoor advertising. It carries rather an informational load than attracts the attention of an indefinite circle of people to the object of advertising (the complex under construction). Moreover, in many regions, informing the population by placing a shield on the fence of the construction site with a graphic image of the facility under construction, as well as information about:
- its name, brief description;
- timing of the start and end of construction;
- organizations conducting construction (name, location), and responsible for the conduct of work officials(positions, names, phone numbers), is mandatory.

Thus, in our opinion, if the regulatory act in force on the territory of a constituent entity of the Russian Federation or a municipality stipulates the obligation to install such an information board, we believe that it is not outdoor advertising, and, therefore, the developer does not need permission.

Legal Restrictions

When attracting Money participants in shared construction, you need to remember about paragraphs 7 - 9 of Art. 28 of the Law on Advertising, in particular, on the prohibition of the dissemination of advertising before obtaining a building permit. Such a violation is often allowed by representatives of the construction business. Responsibility for it is provided for in Art. 14.3 of the Code of Administrative Offenses of the Russian Federation in the form of a fine for legal entities from 40,000 to 500,000 rubles.

At the same time, it should be taken into account that the advertiser is the subject of the offense, which does not have to be a developer. Thus, according to the FAS Novosibirsk region, in 2006, a real estate agency, which is an advertiser and an advertising distributor, was fined under Art. 14.3 of the Code of Administrative Offenses of the Russian Federation.

On the fence of the construction site, the organization placed a billboard with the following content: “Real Estate Agency. Apartments and offices in this building. Phone”, while the developer did not receive a building permit, which the agency was aware of. In turn, the agency, on behalf of the developer, undertook to find persons interested in acquiring the right to claim residential or non-residential premises, which are part of the construction object, in order to conclude by the latter investment agreements or agreements for participation in shared construction with the developer. The courts of first and appeal instances confirmed the legitimacy of the officials' actions.

Let's consider them in more detail.

Treaty

The parties to the contract for the installation and operation of an advertising structure are its owner and the owner of the real estate to which it is attached. The owner means the owner of an advertising structure or another person who has a property right to an advertising structure or the right to own and use it on the basis of an agreement with the owner. For the case under consideration, the developer acts as the owner of the fence and construction grid. Unless he rents out their surface advertising agency or another organization, then he will remain the owner of the advertising structure. The owner of an advertising structure is recognized as an advertising distributor (clause 1, article 19 of the Law on Advertising) - a person who distributes advertising in any way, in any form and using any means.

The other party to the agreement is the owner of the land plot, building or other real estate to which the advertising structure is attached, or a person authorized by the owner of such property, including the tenant. The need to conclude an agreement is due to the fact that one of the signs of an advertising structure is stable placement, that is, it is always mounted and located on external walls, roofs and other structural elements of buildings, structures, structures or outside them. Therefore, the installation of an advertising structure is always associated with the use of real estate. In our case, the construction site fence is placed on the land plot, and the construction grid is located on the outer walls of the building. Therefore, an agreement will be required for the owner of an advertising structure - a temporary fence, if the land on which the object is being built does not belong to him by right of ownership, and in relation to the construction grid - if work on the facade is carried out under a contract.

Example 3

The billboard is placed on the fence of the construction site. The construction is carried out by the developer, who owns the municipal land plot on the right of lease.
In general, the developer, as the owner of the fence, must conclude an agreement for the installation and operation of the advertising structure with the local government. However, if in the land lease agreement the owner grants the developer the right to advertise or transfers to him the right to conclude an agreement for the installation and operation of an advertising structure with third parties, then an agreement between the developer and the owner of the land is not needed.

The contract is concluded in accordance with the Law on Advertising and civil law. Paragraph 5 of Art. 19 of the Law on Advertising stipulates its term: the contract for the installation and operation of an advertising structure is concluded for a period of five years, with the exception of the contract for the installation and operation of a temporary advertising structure, which can be concluded for a period not exceeding twelve months. At the end of this period, the obligations of the parties under the contract terminate.

For your information: From July 1, 2008, the provisions of paragraphs 5.1 - 5.7 of Art. 19 on the obligatory holding of tenders for the purpose of concluding an agreement, if the advertising structure will be installed on a land plot, building or other real estate that is in state or municipal ownership.

Under an agreement for the installation and operation of an advertising structure, its owner has the right to unhindered access to real estate and use it for purposes related to the exercise of the rights of the owner of the advertising structure (its operation, Maintenance and dismantling) (clause 8, article 19 of the Law on Advertising).

Some municipalities, instead of an agreement for the installation and operation of an advertising structure, offer to conclude a lease agreement for municipal property in order to install and operate an advertising structure. The subject of such an agreement may be the property of the treasury of the municipality, including leased property. In fact, this does not contradict the law, since under a lease agreement both the right to own and use property, and only the right to use it can also be transferred. At the same time, the lease agreement is always paid, and for the agreement named in Art. 19 of the Law on Advertising, such a condition is optional.

Permission

Unauthorized (that is, without permission) installation of an advertising structure is not allowed. Otherwise, it is subject to dismantling on the basis of an order from the local government. According to paragraph 11 of Art. 19 of the Law on Advertising, in order to obtain a permit, the owner of real estate (a person authorized by him) or the owner of an advertising structure must apply to the local government with an application, to which are attached:
- information about the applicant (data on the state registration of the organization);
- if the applicant is not the owner of the real estate, then a written confirmation of the owner's consent to join the advertising structure to the property.

The specific procedure for obtaining permission to install an advertising structure is regulated locally. However general rules registered at the federal level. So, the developer will not be required to provide documents and information that are not related to the territorial location, appearance and technical parameters of the advertising structure. For the preparation and issuance of a permit, only a state duty can be charged (clause 13, article 19 of the Law on Advertising). The deadline for issuing a permit is 2 months from the date of receipt of all necessary documents. The list of grounds for refusal to issue a permit is limited in paragraph 15 of Art. 19 of the Advertising Act.

The permit is issued by the local self-government body of the municipal district or the local self-government body of the city district for each advertising structure. The permit specifies:
- the owner of the advertising structure;
- the owner of the land plot, building or other real estate to which the advertising structure is attached;
- type of advertising structure, area of its information field;
- place of installation of the advertising structure;
- the period of validity of the permit, the authority that issued the permit, the number and date of its issue;
- other information.

The term of the permit corresponds to the term of the contract for the installation and operation of the advertising structure. Permission may be revoked and invalidated. You can learn more about this from paragraphs 18 - 21 of Art. 19 of the Advertising Act.

How about in Moscow?

In order for readers to have an idea of the procedure for coordinating the placement of advertising at a construction site, we will briefly review the Rules in force in Moscow. The Committee for Advertising, Information and Design of the City of Moscow is vested with the authority to issue permits and conclude an agreement (when advertising is placed on real estate owned by the city of Moscow). We are interested in clause 2.2.10 of the Rules, dedicated to temporary objects of outdoor advertising.

Fence advertising. It is recommended to place individual shields, soft decoration or a continuous tape on the fence. If a billboard is attached to the fence, its height should not exceed the dimensions of the supporting elements of the fence by more than ½ of their height. If an outdoor advertising object with a height of more than 10 m is installed on the fence of the construction site, the fence must be included in the construction organization project. Advertising placement is possible only within the period of validity of the order for construction and installation work.

Building grids. Installation and operation of outdoor advertising on building grids is carried out during construction or restoration work on the facade of the building, on scaffolding, if and for the duration of the warrant for repair and restoration work. Unlike advertising on the fence, when placing advertising on the grid, it is specifically prescribed to coordinate design projects with the Moscow Architecture Committee, the Moscow Heritage Committee (if the grid is placed on a cultural heritage site). In the historical center of the city, only the image of the facade of the reconstructed building can be placed on the construction grid (under commercial advertising up to 30% of the surface can be used).

All objects of outdoor advertising are subject to technical expertise, except for advertising on the fence, provided that the shield does not protrude beyond the dimensions of the fence (clause 7.1.4 of the Rules).
Only the application and documents required to obtain all approvals can be submitted to the Advertising Committee. Then he will independently carry out work on coordinating the placement of advertising. If the applicant is interested in saving time, then he has the right to obtain approvals on his own, and to submit to the committee a package of documents necessary for obtaining permission. So, in order to obtain a permit (and an agreement) for advertising on a construction grid and a fence, you will need:
- an application with the technical passport of the advertising place attached;
- receipt of payment of state duty;
- a document confirming the ownership of the structure;
- a notarized copy (or original and copy) of a certificate of ownership of a building, structure, other object or an agreement with the owner or with a person with property rights to property;
- a copy of the order for the production of construction works, certified by the applicant;
- photograph of the location of the object;
- technical opinion on the compliance of the location of the object with the Rules and the scheme of territorial planning or master plan;
- technical conclusion on the compliance of the proposed installation of an outdoor advertising object with the external architectural appearance of the existing city development;
- conclusion on technical expertise project documentation and electrical installation of the structure of the facility with the design documentation drawn up in the prescribed manner.

A single tax on imputed income

Distribution and (or) placement of outdoor advertising is entrepreneurial activity, subject to transfer to the payment of UTII, subject to the adoption of the appropriate normative act at the local level (clause 10 clause 2 article 346.26 of the Tax Code of the Russian Federation). Distribution and (or) placement of outdoor advertising - the activities of organizations or individual entrepreneurs to bring advertising information to consumers by providing and (or) using outdoor advertising (boards, stands, posters, electronic scoreboards and other stationary technical means) intended for an indefinite range persons and designed for visual perception(Article 346.27 of the Tax Code of the Russian Federation)

The physical indicator of such activity is the area of the information field (area of the information image) in sq. m, the basic yield is 3,000 rubles.
In what cases will the developer - the owner of the fence and the construction grid, have an obligation to pay UTII? Firstly, activities for the distribution and (or) placement of advertising are subject to UTII. The activity of renting an information field or an advertising structure is taxed under the traditional or simplified system (letters of the Ministry of Finance of the Russian Federation dated 08.12.200 6 No. 03-11-04 / 3/533, dated 05.10.200 6 No. / 440 , Federal Tax Service for Moscow dated February 14, 200 7 No. 18-11 / 3 / 13710). Renting out an advertising structure to an agency is a convenient way to make money, avoiding the approval procedure and maintaining separate accounting. With the same tax implications the information field can be provided free of charge to a real estate agency that advertises a facility under construction. However, if there is no agreement between organizations, then there is a risk of recognizing the owner of the advertising structure as a UTII payer (Letter of the Ministry of Finance of the Russian Federation dated 01.02.200 6 No. 03-11-04 / 3/54).

Please note: A person who has been issued a permit to install an advertising structure is obliged to notify the local government that issued the permit about its lease and all other facts that third parties have rights in relation to the advertising structure (clause 9.3, article 19 of the Law about advertising).

Secondly, if the developer places social advertising on his advertising structure, he is also not obliged to pay UTII, since this activity cannot be recognized as entrepreneurial. If a social advertisement"appears" on a commercial advertising structure on certain days (for example, new year holidays, March 8, May 9), this is the basis for adjusting the K2 coefficient (letters of the Ministry of Finance of the Russian Federation dated 10/09/200 7 No.

In our opinion, if the facade of the reconstructed building is depicted on the construction grid on 70% of the surface, and advertising information occupies only 30% of the grid area, only 30% of the area of the entire information field should be used as a physical indicator.

Thirdly, the developer often advertises a facility under construction or its activities on its own advertising structures. In this case, there is also no reason to regard this activity as entrepreneurial and pay UTII (Letter of the Ministry of Finance of the Russian Federation dated 13.04.200 6 No. 03-11-04 / 3/198). Only those organizations that receive income from the provision of services for the provision and (or) use of stationary technical means belonging to them (leased or used by them on other legal grounds) for placing (distributing) advertising information about other physical and legal entities, their activities, goods, works, services, ideas and undertakings (Letter of the Federal Tax Service of the Russian Federation for Moscow dated February 14, 200 7 No. 18-11 / 3 / 13710).

If the developer enters into agreements with third-party organizations for advertising on their own advertising structures and this activity is “imputed” according to local law, you need to remember that you should register with the tax authority as a UTII payer at the location of the organization. This is stated in the Letter of the Ministry of Finance of the Russian Federation dated 01.10.200 7 No. 03-11-02 / 249 (sent by the Letter of the Federal Tax Service of the Russian Federation dated 10.19.200 7 No. SK-6 / 09 / [email protected]).

Expenses

In tax accounting, the cost of outdoor advertising, including the manufacture of billboards, are non-standardized, that is, they are taken into account in full when calculating the tax base (clause 4, article 264 of the Tax Code of the Russian Federation). The main thing is that they meet the requirements of paragraph 1 of Art. 252 of the Tax Code of the Russian Federation, that is, they were justified, documented and produced for the implementation of activities aimed at generating income (deriving income from renting, when used for their own advertising - stimulating interest in the object of advertising).
The cost of outdoor advertising in this case will be the cost of manufacturing billboard, banners, services for applying an advertising image to a building grid, as well as the costs of obtaining permits (development of project documentation, its examination, obtaining a passport for an advertising space, approvals in the relevant administration committees), payments under an agreement for the installation and operation of an advertising structure, etc. . P.

If advertising stands, billboards, etc., are depreciable property (the cost is more than 20,000 rubles, the useful life exceeds 12 months), then the organization includes depreciation deductions as advertising expenses. If the property is not depreciable, then the costs are recognized at a time on the basis of paragraph 4 of Art. 264 of the Tax Code of the Russian Federation as part of other expenses. Such recommendations are given in the Letter of the Ministry of Finance of the Russian Federation of November 13, 200 7 No. 03-03-06 / 2/213.

Payment of state duty in the amount of 1,500 rubles. (clause 80 clause 1 article 333.33 of the Tax Code of the Russian Federation) for obtaining permission to install an advertising structure is recognized as other expenses. In article 264 of the Tax Code of the Russian Federation there are two grounds for accounting for it - paragraph 4 (expenses for outdoor advertising) and paragraphs. 1 item 1 (amount of fees).

For your information: as the Ministry of Finance explained in Letter No. 03-05-06-03/31 dated 06.06.2007, it is not required to pay a state duty for approving each change of an advertising image on operated advertising structures.

The cost of the construction net and fencing of the construction site are not advertising costs, since their “advertising” purpose is secondary. Initially, these are means to ensure the safety of construction work.

In accounting, the costs of outdoor advertising are recognized as expenses for ordinary activities (clause 5 of PBU 10/99 "Expenses of the organization").

the federal law dated March 13, 2006 No. 38-FZ "On Advertising".
Approved by the Decree of the Gosstroy of the Russian Federation of July 23, 2001 No. 80.
Clause 6.2.2 of SNIP 12-03-2001.
According to clause 2.4.1 of GOST 23407-78 "Inventory fences for construction sites and sites for construction and installation works", the service life of the elements of the fences is at least 10 years.
The law became invalid from 01.07.2006.
See, for example, clause 3.4.8 of the Rules for the improvement and ensuring the sanitary condition of the territory of the Rybinsk Municipal District, approved. By the decision of the Rybinsk Council of Deputies of August 26, 2004 No. 31, art. 3.1 of the Law of the Saratov region of 08/01/2005 No. 73-ZSO "On the regulation of urban development in the Saratov region", paragraphs. "c" clause 2.1.10 of the Guidelines for the arrangement and maintenance of construction sites in the city of Nizhny Novgorod and the Nizhny Novgorod region, approved. Order of the Ministry of Construction of the Nizhny Novgorod Region dated November 16, 2006 No. 83/1.
Decree of the FAS ZSO dated 06/07/2007 No. F04-3687 / 2007 (35042-A46-23).
See, for example, Regulations on the conclusion of lease agreements for the installation and operation of advertising structures, approved. Decree of the Head of the Administration of the Tikhvin urban settlement dated 06.06.2007 No. 02-353-a.
Rules for the installation and operation of outdoor advertising and information objects in the city of Moscow, approved. Decree of the Government of Moscow dated November 21, 2006 No. 908-PP.