NACE 77.3 – Renting and Leasing of Other Machinery, Equipment and Tangible Goods | Public Tenders
NACE 77.3: Construction machinery and equipment rental in public tenders. CPV codes, contracting authorities and typical contract types at a glance.
Definition: NACE 77.3 covers the rental and leasing of machinery, equipment and other tangible goods without an operator — including construction machinery, lifting equipment, site equipment and technical apparatus. This group is of considerable importance in the public infrastructure and construction sector.
Legal basis: NACE Rev. 2 (Regulation (EC) No 1893/2006) · Last updated: January 2026
What does NACE 77.3 cover?
NACE 77.3 (Renting and leasing of other machinery, equipment and tangible goods) classifies companies that provide technical equipment and construction machinery without an operator on a time-limited basis — a core service area for public construction and infrastructure projects.
Group 77.3 within Section N and Division 77 is divided into specific classes:
| Class | Title | Typical services |
|---|---|---|
| 77.31 | Renting and leasing of agricultural machinery and equipment | Tractors, harvesting machinery (limited public relevance) |
| 77.32 | Renting and leasing of construction and civil engineering machinery and equipment | Excavators, cranes, plate compactors, concrete mixers, scaffolding |
| 77.33 | Renting and leasing of office machinery and equipment | Copiers, printers, fax machines |
| 77.34 | Renting and leasing of water transport equipment | Boats, ships, pontoons for construction projects |
| 77.35 | Renting and leasing of air transport equipment | Helicopters, drones for infrastructure inspection |
| 77.39 | Renting and leasing of other machinery, equipment and tangible goods n.e.c. | Medical devices, laboratory equipment, measuring instruments |
Public contracting authorities under NACE 77.3 are civil engineering offices, road construction administrations, municipal works yards, water associations and public clients at all levels.
Public Tenders: NACE 77.3 in Practice
Construction machinery and equipment rental is a core segment in public procurement — particularly for municipal civil engineering, sewer construction, road resurfacing and emergency deployments of civil protection forces.
Typical types of contract
- Excavator rental: Crawler excavators, mobile excavators and mini excavators for civil engineering works without an operator
- Cranes and lifting equipment: Mobile cranes, tower cranes and aerial work platforms for building and maintenance work
- Scaffolding and fall protection: System scaffolding for façade refurbishment and bridge inspections
- Compaction equipment: Rollers, plate compactors and tampers for road and path construction
- Drainage equipment: Pumps, hoses and barriers for sewer maintenance and flood protection
- Laboratory equipment for construction projects: Soil testing devices, materials testing equipment on a rental basis
- Office machinery leasing: Copiers and multifunction devices for public authorities under framework agreements
Thresholds and procedure types
Machinery rental contracts without an operator are classified under procurement law as either supply contracts or service contracts, depending on the predominance of the supply component. For contracts with installation or operational management, service rules apply. The relevant EU threshold is EUR 143,000–443,000 depending on the contracting authority and contract type.
Relevant CPV Codes for NACE 77.3
CPV codes enable the precise identification of tenders for construction machinery and equipment rental on TED and national platforms.
| CPV Code | Title | Application |
|---|---|---|
| 45500000 | Hire of construction and civil engineering machinery and equipment with operator | Core code for construction machinery rental |
| 45520000 | Hire of earth-moving equipment with operator | Excavators, crawler dozers, wheel loaders |
| 44212300 | Towers, lattice towers | Cranes, scaffolding structures |
| 34921000 | Road-maintenance equipment | Sweepers, winter service vehicles |
| 38900000 | Miscellaneous evaluation and testing instruments | Soil and materials test equipment |
| 30121000 | Photocopying and offset printing equipment | Office machinery leasing |
Current tenders with these CPV codes are published on TED (Tenders Electronic Daily) and on national procurement platforms.
Who is NACE 77.3 relevant to in procurement law?
Public Contracting Authorities
Municipal civil engineering offices and building administrations are the most frequent contracting authorities — they hire construction machinery where their own equipment pool is insufficient or specialised equipment is needed for specific tasks. The armed forces, the Federal Agency for Technical Relief (THW) and civil protection authorities also award call-off contracts for equipment rental in deployment situations. Water associations and wastewater operators regularly need pumps and specialised equipment for sewer construction.
Companies and Bidders
Machinery rental companies seeking public-sector work typically need to demonstrate:
- Equipment inventory: Sufficient availability and technical suitability of the equipment offered
- Maintenance and condition: Up-to-date TÜV/DEKRA test certificates for safety-relevant equipment
- Delivery capacity: On-time provision and transport to the construction site
- Technical support: Remote diagnostics, breakdown service and spare parts supply
- Environmental standards: Compliance with emission standards (EU Stage V for construction machinery)
For scaffolding and fall protection, additional evidence of standards-compliant design and erection is required.
NACE 77.3 in Context: Section N and Division 77
NACE 77.3 is part of Division 77 (rental and leasing activities) within Section N — with close links to the construction sector (Section F).
- NACE N – Administrative and support service activities: Parent section
- NACE 77 – Rental and leasing activities: Division covering all rental activities
- NACE 77.1 – Renting and leasing of motor vehicles: Vehicle rental, fleet management
- NACE 77.2 – Renting and leasing of personal and household goods: Office equipment, event technology
- NACE 77.4 – Leasing of intellectual property and similar products: Software licences, patents
Frequently Asked Questions on NACE 77.3 and Public Tenders
Which companies fall under NACE 77.3?
Construction machinery rental firms, scaffolding businesses (where only rental without assembly is involved), office and laboratory equipment rental providers, and providers of specialised equipment for infrastructure projects.
Is excavator rental without a driver a supply or service contract?
The mere provision of machinery without an operator is predominantly considered a supply contract under procurement law. As soon as operating personnel, maintenance services or operational management are added, the service component predominates.
Can machinery rental companies enter into framework agreements?
Yes — framework agreements make particular sense in this area, since demand is subject to seasonal fluctuations. Contracting authorities frequently tender call-off contracts for construction machinery with defined hourly or daily rates.
Which emission standards apply to rented construction machinery?
Since 2019, EU Stage V (Regulation (EU) 2016/1628) has applied to new non-road mobile machinery. Contracting authorities may set additional requirements (e.g. Stage V engines, electric drives) as minimum requirements in tenders.
Last updated: January 2026
All information is provided without guarantee. For legally binding advice, please consult a law firm specialising in public procurement law.
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