Design declaration of an apartment building sample. Check the project declaration. What does a project declaration mean

Now in the project declaration it is necessary to indicate additional information. In particular, about individuals and organizations that are part of the same group of persons with the developer, targeted loan, the number of equity participation agreements concluded, including those with escrow accounts.

The Ministry of Construction has updated the project declaration form. You will see samples below. If you provide incomplete information in the declaration, the company faces fines.

Where and when to submit the declaration

The developer must send the project declaration to the regional supervision of shared construction through his personal account in the UHML. Site address - our.dom.rf. The declaration must be filled in electronically in the prescribed form with an enhanced qualified electronic signature. The developer is obliged to send the declaration before concluding an agreement with the first shareholder (clause 2 of article 19 of the Federal Law of December 30, 2004 No. 214-FZ).

The project declaration includes information about the developer and the construction project. A declaration is an official document where the developer gives facts that have legal consequences for him. The declaration defines the scope of the developer's rights to raise funds from equity holders.

On the basis of the declaration, the regional supervision issues an opinion on the compliance of the developer and his project declaration with the established requirements (clauses 1, 2.1, article 19 of Law No. 214-FZ).

For inaccurate or incomplete information in the project declaration, the developer faces a fine. In addition, due to incorrect data, the shareholder may, through the court, recognize the transaction with the developer of an apartment building or other object invalid (clauses 7, 8, article 19 of Law No. 214-FZ).

32 upcoming changes in the Tax Code -

How to fill out a new form

Check list. What additional information must be indicated in the declaration

Information about individuals or legal entities who, in accordance with the legislation on the protection of competition, are included in the same group of persons with the developer.

Data on the amount of payments under agreements on the development of the built-up area and on the integrated development of the territory (subparagraphs 7, 8, paragraph 1, article 18 of the Federal Law of December 30, 2004 No. 214-FZ).

Information about a targeted loan or a targeted loan. Including information about the lender, the available amount of a loan or loan with a credit limit, unused balance of the credit line as of the last reporting date.

The number of concluded contracts for participation in shared construction. Here, for each contract, you need to provide:
- the total area of the shared construction object and the contract price;
- type of shared construction object: residential premises, non-residential premises, parking space;
- the number of contracts under which the developer pays contributions to the compensation fund;
- the number of contracts using escrow accounts.

A group of persons. The project declaration now additionally needs to include information about those who are in the same group of persons with the developer. We are talking about people and organizations that can influence the developer. For example, these can be founders with a share in the authorized capital of the developer of more than 50 percent, the general director of the developer, close relatives, etc.

It is necessary to provide information that will identify the members of the group of persons. For individuals - full name, citizenship and place of residence. For a company - organizational and legal form, OGRN, TIN. It is also necessary to indicate on the basis of which the group of persons was formed with the participation of the developer.

Territory development agreement. The local authorities conclude an agreement on the development of the built-up area with the winner of the open auction. Under this agreement, the developer must fulfill certain obligations, and the authorities must create the necessary conditions for this (subparagraphs 3–6, 7–9, paragraph 1 of article 46.2 of the Civil Code).

In particular, the developer must, within a specific time frame:

to prepare a project for planning and surveying the built-up area, which will provide it with the necessary infrastructure for residents - engineering communications, transport and social facilities;
provide social housing for people who will have to be evicted from houses located in the development zone;
pay compensation for the seized land and emergency housing for demolition on them;
to build capital construction objects in accordance with the approved planning project of the built-up area.

The authorities should:

to approve the plan of the built-up area;
make a decision on the withdrawal for municipal needs of housing in apartment buildings recognized as emergency for demolition;
to provide the developer with land plots for construction without bidding.

Agreement on the integrated development of the territory. It is concluded by the federal or local authorities, which provide the developer with a land plot for the specified purpose (Article 46.4 of the Civil Code).

Integrated development includes the preparation of documents for the planning of the territory, the formation of land plots within the boundaries of this territory. As well as the construction of transport, communal and social infrastructures, other facilities in accordance with the documentation for the planning of the territory. Under such an agreement, the developer must, within a specific time frame:

prepare a project for planning and land surveying of the territory, which will provide it with the infrastructure necessary for residents - communications, transport and social facilities;
to improve and plant greenery of the received plots;
to build objects of communal, transport and social infrastructures and transfer them to the authorities;
to develop the territory and put into operation capital construction objects.

The authorities should:

approve the project for the planning of the territory;
create the necessary conditions for the developer.

Sample 2. Information on the amount of payments under contracts for the development and development of the territory

Targeted loans and loans. A loan or loan is considered targeted if it is attracted for the construction of real estate. Lenders can be banks, founders or participants of the developer. The funds received can only be used for construction and other purposes established by law. The target is also a loan to refinance a target loan or loan (clause 4 of article 2 of Law No. 214-FZ).

There are restrictions for a targeted loan. Its total amount, which was provided by all founders or participants of the developer, should not exceed the established limit. This is 20 percent of the planned construction cost according to the project declaration for each building permit issued. And only on condition that the interest on such a targeted loan is not higher than the key rate of the Central Bank as of the date of the loan agreement, increased by two points.

When a developer uses escrow accounts for settlements with equity holders, the rules are special. Restrictions on the use of earmarked funds and the size of the loan do not apply. That is, the developer can spend credit and borrowed money at his own discretion and take loans from the founders in any amount.

Sample 3. Details of a targeted loan or loan

Shared construction object. The subject of the agreement with the shareholder is the object of shared construction. This is a residential or non-residential premises, a parking space. The developer must transfer them to the shareholder after receiving permission to commission an apartment building or other object.

Under the contract for participation in shared construction, the developer undertakes to build the corresponding object on time and transfer it to the shareholder after the house is put into operation.

Sample 4. Information on contracts for participation in shared construction

The shareholder undertakes to pay the contractual price and accept the shared construction object (clause 2 of article 2, clause 1 of article 4 of Law No. 214-FZ).

Table. What will be the violation of the requirements for the project declaration

Violation	Punishment
Violation	for the developer	for the director
Indicated in the project declaration incomplete or inaccurate information. The deadlines for the placement of the project declaration were violated (before the conclusion of an agreement with the first shareholder). Late in making changes to the declaration (three working days)	200,000-400,000 rubles. (Clause 2, Article 14.28 of the Administrative Code)	5,000-15,000 rubles. (Clause 2, Article 14.28 of the Administrative Code)
They violated the requirements for the project declaration (clause 7 of article 19, clause 2 of article 9 of Law No. 214-FZ)	The shareholder has the right to declare the transaction invalid through the court. The developer is obliged to return the money to the shareholder within 10 working days with interest in the amount of 1/300 of the refinancing rate on the day of return for each day of using the money. The term is considered from the date of receipt of the shareholder's money until the day of their return. If the shareholder is a citizen, he must be paid double interest

1. The project declaration includes information about the developer and information about the construction project and determines the scope of the developer's rights to attract funds from citizens and legal entities for the construction (creation) of apartment buildings and (or) other real estate objects specified in such a project declaration. The project declaration is an official document certifying facts that entail legal consequences for the developer.

2. The project declaration, information on the compliance of an individual, defined in part 4 of Article 3.2 of this Federal Law, with the requirements of this article, before the developer concludes an agreement with the first participant in the shared construction of an apartment building and (or) other real estate object, shall be sent by the developer through his personal account in a single information system of housing construction to the authorized executive body of the constituent entity of the Russian Federation, specified in part 2 of Article 23 of this Federal Law, using an enhanced qualified electronic signature by filling out the electronic form of the project declaration.