Federal Law on Share Participation in Construction. Why a new law on equity construction threatens collapse in the housing market law on equity construction

Thus, the Government of the Russian Federation establishes the mandatory requirements for the organization and conduct of the State Control (Supervision) in the field of equity construction. Functional construction control functions are assigned only to the agencies of the regional state-owned construction unit or another control body created specifically for these purposes, the explanatory note to the draft law on amending the Federal Law on Participation in equity construction (214-ФЗ), reports AGN "Moscow".

MinStroy RF is planned to pay off the authority to harmonize the appointment and liberation from the position of the head of the executive construction authority. The order of coordination is established by the Government of the Russian Federation.

The Fund for the Protection of Rights of the Citizally Construction Participants should notify the controlling authorities and the registration authorities of real estate rights on the non-compliance of the developer with the requirements of legislation on equity construction.

The document clarifies that it will be denied in the registration of an agreement of participation in shared construction (DDU) before receiving a notification of the correction of inconsistencies.

The draft law establishes a ban on such ways to attract funds to citizens for the construction of housing, as a production of special bonds, housing certificates and the participation of citizens in housing and construction (hsk) and housing and accumulative cooperatives. With the exception of the LCC, carrying out construction in areas granted from municipal or state ownership.

At the same time, developers are obliged to disclose information on beneficiaries that have the right to dispose of five and more percent of the votes per voting shares of the developer.

It is also planned to establish the joint responsibility of developers owners for losses caused to shareholders.

In addition, the bill clarifies the moment of removal of restrictions from the developer's account, which is proposed to establish the moment of commissioning and registering the right of ownership of at least one object of equity construction.

According to the FZ project "On Amendments to the Code of the Russian Federation on Administrative Offenses", it is envisaged to strengthen administrative responsibility in cases where officials engaged in the state-building protection projects violate the requirements of the legislation of the Russian Federation.

The illegal use of the legal entity in his name "Specialized developer" or the phrases formed on their basis entails the imposition of an administrative fine on legal entities in the amount of 500 thousand to 700 thousand rubles.

If the regional state-building authority in the field of shared construction unreasonably decided to issue a conclusion about the confinement (ZOS) of the developer and design Declaration Requirements or refusal to issue ZOS, officials will be fined in the amount of 50 thousand to 100 thousand rubles.

It is also proposed to punish a fine officials in the amount of 30 thousand rubles. and legal entities in the amount of 200 thousand rubles. For unavimony of information in a single housing convention information system or a violation of the established procedure, methods or timing of information placement. The penalty is also provided for posting information not in full or obviously distorted.

The commission of such an offense previously subjected to administrative punishment for such an offense, entails the imposition of a fine on officials in the amount of 100 thousand rubles. or disqualification for a period of one year to three years, on legal entities - 300 thousand rubles.

Conference Service Construction Service

NOVATIONS in shared construction became one of the central topics of discussions on round tables and conferences on the construction of held during.

Bankruptcy for ruble

The developers for the third month digest changes in 214-ФЗ, which are capable of strongly building universe. The package is so extensive that lawyers still analyze the consequences of applying new standards in practice. Their assessments are impressive.

So, the Vice President of Legal Affairs of HC "Yuit" Fedor Tsurinov indicates that a number of rules can put any developer out of law and lead to the collapse of the project, and absolutely for formal reasons.

Laws and consequencesAn extensive package of amendments in 214-ФЗ revived forgotten forces was the genre of "Plach Yaroslavna". It is actively used by developers. \u003e\u003e One of the new requirements is the complete absence of the developer any tax debt: It should be zero during the entire construction period. Even with the appearance of arrears in the amount of one ruble (for example, in the case of a technical failure in the UFNS basis), the developer is recognized as not relevant to the requirements of the law (paragraph 7 of Part 2 of Article 3 214-ФЗ).

Next, the situation will be developed as follows. The controlling body (in St. Petersburg - the Construction Committee) is obliged to notify Rosreestr under a new law within one business day. This department will automatically stop registering new DDU and notify all registered shareholders that their developer has lost the right to attract funds. In this case, the shareholders appear the right to terminate the DDD and demand back their money with interest.

"Can you imagine a real estate reaction that gets such a notice from the Rosreestra himself? He immediately runs to the developer to pull out his money. This means only one thing: the bankruptcy of the company and the collapse of the project is empty. Here are just one example of how this law is written, "says the expert.

However, in the new version, plus for the developer: the number of redundant requirements for project declarations has decreased significantly. Now there is no need to describe each apartment in the future house, engineering elements and other positions that have turned the design declaration into a multi-page volume.

"The developer will be easier to make it, and the consumer will be able to figure it out. But this is the only one positive momentwhich we managed to find in 218-ФЗ, "says Fedor Tsurinov.

What is corrected

The main battles for perpetuals ahead. The sorrowing discussions are long conducted, and the first official discussions of possible adjustments will be held in mid-October, within the framework of the Working Group under the Federation Council. Recall that Minstroy has already agreed to listen to builders and, though we are talking about technical edits.

The main intrigue of the upcoming discussions - to what extent the legislator is ready to hear and divide the crying of builders

As the chairman of the Council of the Interregional Association of Special Construction Organizations, Professor Rowjigs under the President of the Russian Federation, Mikhail Viktorov, while the authors of 218-ФЗ recognized the erroneousness of only one norm - "one developer is one building permit."

"This is a very contradictory norm, since in principle the law is aimed at a certain centralization in construction. After July 1, small and medium-sized companies in the market will not be: many developers in the regions are now revising their strategies until the closure of their business. At the same time, a huge chance is given to major technological companies. But at the same time, the law makes them get into dozens, if not hundreds of legal entities, "explains Mikhail Viktorov.

According to him, the controversial position will be corrected in binding to elements of the planning structure. That is, one developer can allow to receive several construction permits at least within one block, as part of the project planning project. Including this will give the opportunity to spend money for the construction of infrastructure outside one site.

Regarding other controversial positions - it is not clear. Although many financial requirements Destroy the established structure of the expenditures of the developer and significantly increase them. For example, it is not known how to deal with the cost of buying land, research, design, engineering, etc., - developers have deprived of the opportunity to compensate these work at the expense of real estate investors. At the same time, the costs of builders in the regions on the "packaging" of the site are rather significant and differ greatly. According to Mikhail Viktorov, the Kaliningrad developers have up to 8-9% of the total cost of the project for these purposes, and in the Moscow region - up to 30%.

Many limitations of market participants are injected into a stupor. Such is the duty to put on bank deposit 10% of own funds. "It is unclear, this is a one-time demonstration financial opportunities And then money can be spent on the project, or this deposit is unspecified. There are still no accurate explanations on this score, "notes Mikhail Viktorov.

How much guarantee

As the Deputy Chairman of the Commission on Real Estate Society of Consumers of St. Petersburg and the Leningrad region Oleg Ostrovsky, in addition to existing controllers, two new ones appear on the construction market. These are banks that will follow the targeted shareholding of equity, and the compensation fund, which, along with broad financial powers, will be able to control the construction of facilities and finance if necessary for their completion. "It will go for the benefit of the shareholders. Compensation Fund - more serious defense protection than insurance civil responsibility"He is sure.

True, with respect to a new structure that will start collecting funds from developers almost since November, there are still many questions and doubts. Executive Director of the Union of Construction Associations and Organizations of St. Petersburg Oleg Britov is confident that without the creation of regional branches, the Fund could not do. "With one settlement account in Moscow, the Fund will not fully work. In addition, you need to create underwriting departments - without this risk of all participants in the Foundation are increased at times, "he says.

"Taking into account the fact that 300 thousand registered in Russia construction companies, launching underwriting mechanism - risk assessments - too expensive pleasure. According to my forecasts, next year, the amount of deductions to the fund will be set at 3%. With the most pessimistic defolds, experts call a figure of 6-7%. This is already level bank guarantees, banking guardianship, "says cEO SK "Respect" Alexander Artamonov.

Recall that the size of the premiums of developers to the Foundation is still defined in the amount of 1.2% of the price of each contract of equity participation. The authorities promise to change this bid no more than once a year.

There is a law and alternative mechanism.

"Escrow accounts is the future of the primary market in terms of progressiveness and security of transactions," says the head of the center mortgage lending VTB 24 branch in St. Petersburg Tatyana Khobothova.

According to her, the money distributor at escrow accounts will be protected and in the case of a license from the bank. Already in 2018, the legislators register that funds placed on escrow accounts will not be included in the competitive mass at the bank's rehabilitation in the event of its bankruptcy. And the shareholder will be able to receive their money in full, not 1.4 million rubles. In terms of insurer.

However, from an escrow scheme, meaning a complete transition of a project for borrowed money, developers are still diverted. The head of the projects of the company "Nord West Development" Vladimir Gribkov presented calculations, as the structure of financing the same investment project is changing under different schemes, including when applying project financing using escrow accounts.

"With project financing at a rate of 15%, the Developer's earnings decreases tenfold. And in order to get the same project profitability, as used by the means of real estate investors, loan rates must be at 4.5-4.7%. Or you need to raise the sales cost of housing at least 15%, "says Vladimir fungi.

Some experts are confident that in the new conditions, banks will be able to significantly expand their presence in the construction market, as developers will be more profitable to include them in their shareholders - in this case, project financing will be cheaper at times.

Or maybe without perch?

Interestingly, a lot of statements and the dangers of perpetrators sounded at the past forum.

"Every year changes and edits are made in 214-ФЗ. But it is impossible to infinitely improve the fact that it does not work from the very beginning. The sale of an apartment in the house under construction is a smile of Cheshire Cat, "says the Head of the Department of Real Estate Management of the St. Petersburg State Economic University, Sergey Maximov.

The officials are determined mainly, in front of which the task is to stop the problem of problem objects increasing in the crisis. First Deputy Chairman of the State Duma Committee on Housing Policy and Housing and Communist Party Alexander Sidyakin said that these amendments are "stunned" - in the country already 1200 causing concerns of objects where 130 thousand citizens acquired housing.

And the authorities of the Leningrad region are at all offer to abandon equity construction. The Vice-Governor of the 47th Region, Mikhail Moskvin, at the opening of the All-Russian Housing Congress, called on developers to announce the conditions under which the developers will be able to sell apartments only in finished houses, as well as the necessary support measures for the Leningrad region's authorities.

The response to this appeal, apparently, the regional officials did not wait. And the other day they made an initiative to enter into already swollen from adjustments 214-ФЗ. Along with the measures for more effective decision There are no problems for short-circuits (new criteria for problem objects, an accelerated bankruptcy procedure, which the authorities themselves can be launched, etc.) officials want to offer the market of a new controller - already in the form of state banks. Those will have to not only monitor the costs of the funds of shareholders, but also to carry out complete control over construction.

As practice shows, 214-FZ will withstand not one correspondence. But the developers too often began to hint that, maybe they really do it better to do without real estate investors.

Text: Alexander Smirnov Photo: Alexey Alexandronok

Comparison of today's real estate situation with the crisis of 2014-2015, when after a decline in oil prices, the cost of new buildings stopped growing, and in real terms and began to decline at all - absolutely inappropriate. So he believes the head of the National Association of Housing Developers (Noza) Kirill Khopik (in the photo). And proves it.

After lowering oil prices on March 10, 2020 and the subsequent growth of the dollar from 64 to 80 rubles. Many analysts began to predict a decline in prices for new buildings, conducting an analogy with the situation after the collapse of oil prices in 2014. Such an analogy is absolutely inappropriate and even incompetent. I explain why.

Prices for any products, including apartments in new buildings, grow or fall under the influence of the ratio of supply and demand. If under the influence of unforeseen factors demand for housing in apartment houses Significantly exceeds the supply, prices are growing, because with the average construction cycle of the house at 2-2.5 years, developers cannot provide a quick conclusion to the market the necessary volumes of housing. On the contrary, if demand drops sharply, developers have to sell apartments with discounts - their business model does not allow them to keep housing on the balance sheet until the demand is revived and prices will grow again.

To better understand why six years ago, after the fall of the oil quotations, the cost of real estate in real terms began to see and why after the current oil collapse it will not happen - I propose to compare the conditions on the market then and now.

Growth of the real estate market and the fall in oil prices in 2014

By 2014, in the face of a prosperous macroeconomic situation, against the background of mortgage development, wage growth and, as a result, increasing the availability of housing - the developers significantly increased the volume of construction. In 2012, 440 thousand apartments were sold in equity construction agreements, 541 thousand, in 2014 - 763 thousand (+ 73% in two years). This record does not break until now: in 2018, sales for DTU amounted to 710 thousand, and according to the results of 2019 - 697 thousand.

However, at the end of 2014 - early 2015, the price of oil decreased from $ 110 per barrel at first to 70, and then up to $ 55 per barrel. In parallel, the dollar rate rose from 34 to 70 rubles. Devaluation national currency and the decline in wages could not but affect purchasing power population. Salvous demand was squeezed, and the developers could not raise the prices of housing. Prices were established at the equilibrium level, gradually decline in real terms.

At that moment, panic in the real estate market managed to avoid largely due to competent monetary policy Bank of Russia, which to deter inflation in December 2014 raised the key rate to 17%, and also established a hard " budget Rule" It is thanks to this that Russia now has a multi-year "cube" both to fulfill social obligations and for implementation additional programs Subsidies, if necessary.

In the period after the crisis of 2014, the issuance of mortgage on new buildings supported the special government program Subsidies of rates at 12% launched in March 2015. During its operation until December 2016, 514 thousand loans were issued for 929 billion rubles, which amounted to about 37% of all mortgage loans issued during this period. Almost a third of the volume of housing (25.7 million square meters. M) sold on the primary market during this time was purchased under the program. It turned out to be extremely effective: every ruble of budget funds attracted 100 rubles in housing construction. extrabudgetary investment, of which 37 rubles. fell on the funds of the population. It supported both the demand from citizens and developers.

The result of the crisis was the improvement of the industry: about 600 developers went bankrupt - predominantly the players who initially launched high-quality projects with unprotected economies. At the same time, a kind of fee for this recovery was partly the emergence of a large-scale problem of "deceived shareholders", the solution of which is a priority and at the moment.

New real estate market rise and new oil peak

In 2017, the growth of nominal housing prices resumed, as they came close to the cost and began to grow together with inflation and starting wage growth. According to Rosstat in 2019, the growth of nominal prices amounted to 8.0% (+ 4.8%, with amendment for inflation).

Given their decline in real terms in 2015-2017 by about 13%, the current recovery growth is positive news. This increases the investment attractiveness of the real estate market for developers. It should be noted that in the fourth quarter of 2019, residential prices in real terms were still 25% lower than the beginning of 2013 - while the accumulated growth of real salaries amounted to 21%, and taking into account the reduction of mortgage rates from 12.5% Up to 8.7% of the availability of housing for the population has grown from about 37% to 47%.

Changing prices for new buildings in Russia in 2013-2019. (in% by 2012)

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Source: Rosstat

It did not prevent the restoration of the housing market, contrary to the forecasts of many skeptics, and large-scale reform of the industry, implemented last year. From July 1, 2019, there was a transition to a new model of housing financing, which implies the use of ESCRO's accounts. Citizens participating in shared construction received a complete guarantee of the preservation of their funds. According to a survey of WTCIOM, more than 80% of respondents have a positive reform. Share of families who are ready to buy housing during the construction stage increased by a third, and the share of families, ready to purchase an apartment at an early stage of construction (preparation construction site, Earth and foundation works), more than twice. It can be stated that the transition passed successfully. At the end of 2019, the entry housing increased by 6% and amounted to 80.3 million square meters. M - positive dynamics fixed for the first time since 2015. At the same time, before the adaptation of the industry to the new scheme, entering the market of new projects somewhat slowed down.

The fall in oil prices on March 10, 2020 will not lead to the stagnation of the market. First, in contrast to the situation of six-year old, the amount of supply does not exceed the possibility of demand: on March 18, in construction, according to our resource. Comm. RF, there were 100.6 million square meters. m housing. This year is expected to introduce the same volume of housing as in 2019. Adapting to the new rules of housing financing in a record low rates on the mortgage, developers can postpone with the introduction of housing, which gives them the opportunity to wait for turbulence in the market and not sell housing in new projects at a loss.

Secondly, the sharp compression of effective demand this time will not happen. It is unlikely that the central Bank will go on a sharp increase in the bet, as last time. In the message of his press service of March 13, it is said that the current weakening of the ruble "is a significant, but short-term intelligence factor" - and, on the contrary, there are significant disinflative factors of a medium term. Enhance the key rate is possible for a small amount and for a short time, which means that the mortgage will remain affordable.

Moreover, new payment mechanisms will soon earn maternal capitalproviding for a significant increase in the amounts of such payments. The considerable amount of these amounts will fall into the market of new buildings, which will spur demand. Positive impact on demand and immediately have several acting now mortgage programs With state support. As part of the "family mortgage", families with two or more children receive loans for new buildings at a rate of 6% and below - in January 2020, more than 30% of the entire mortgage on the primary market was issued. Since December 2019, the program "Far Eastern mortgage" has been launched, allowing young families or owners of the Far Eastern Hectare to take a loan under 2%. In February, 3,4 thousand loans worth about 11.7 billion rubles were issued for this program. Successful payments program 450 thousand rubles large families On the repayment of the part mortgage loan, whose operator is home. RF: about 40 thousand applications are approved, the amount to payment is more than 17 billion rubles.

All these state support measures do not depend on fluctuations in the market and will be fully fulfilled. Therefore, it is safe to argue that sales of new buildings not only will not decrease, but most likely grow in the near future. By 2021-2022, this will lead to a significant increase in projects in a construction site.

But, be that as it may, the stagnation of the housing market in the future is not foreseen. Given the fact that mortgage rates are now in historical minima, if you found a suitable apartment - boldly solve for the purchase. Housing is a too important asset that the decision to buy it depend on the short-term economic situation. With a decrease in mortgage rates, a loan can always be refinanced.

Other publications

Moscow, January 1 - RIA real estate. How to help deceived shareholders, how to go bankrupt the developer and how many times in the year it can be checked, as well as pay or not to pay bills for housing and communal services - these and other issues have been actively discussed this year in the real estate market. The RIA Real Estate website decided to find out what changes in the legislation on real estate are waiting for Russians in 2018.

Construction - noble business

As you know, the risk is a noble thing, and construction apartment houses The Government of the Russian Federation has taken its own resolution to the category of high risk.

From January 1, 2018, regional state-in-laws should apply a risk-oriented approach. "Under this approach, all construction objects will be divided into 3 categories:" high-root "," with significant risk "and" moderately ". The separation depends on the value of the object and on how often the developer does not comply with building demands," said Moscow lawyer College of lawyers "Arbat" Vadim Bashir-Zade.

According to him, apartment buildings fall into the category of "highly discovered" objects. So, with respect to developers of apartment buildings, no more than 12 inspections will be conducted over the entire period of construction. However, their quantity can be increased to 24 if the developer will be attracted for an administrative responsibility for the offenses in the construction sector during the year, or if the construction time has shifted more than six months.

"This will make it efficiently and at the earliest stage to determine unscrupulous developers, thereby minimizing the number of deceived shareholders," said Tamazi lawyer lawyer, told by the Agency. He also added that in addition to apartment buildings, the high-risk category includes public buildings and structures, bridges, overpass, and so on.

Developers go bankrupt in a new way

Since January 1, the amendments to the bankruptcy legislation of developers (127-ФЗ dated October 26, 2002) come into force.

Key change is the reduction total The procedure for bankruptcy developer through the cancellation of financial recovery and observation procedures. In relation to them, only the procedures for external observation and competitive production will be applied, told branch out.

"The basic principle is to lead the developer-bankrupt now the professional leader who has experience in the construction sector, under the sensitive gaze of the Foundation for the Protection of Citizens' Rights - Participants in Share Construction," Alexey Simonenko added a lawyer of the bankruptcy practice of MCA "Arbat".

The law also identifies the status of a participant in shared construction: they are a citizen who has the requirements for the developer on the basis of an agreement of participation in the share of construction, which is concluded in accordance with 214-ФЗ, says constructed.

However, now in the case of a bankruptcy of the developer, if you bought popular on this moment Apartments (non-residential premises), you can not wait for them. The Bankruptcy Law protects only the rights of residential premises, that is, for personal needs, and non-residential premises, according to the legislator, are not, explained Simonenko.

At the same time, the law expands the list of guarantees that ensure the rights of shareholders in the bankruptcy of the developer. If necessary, to complete the objects of the equity construction of the event to complete the construction will be funded from the funds of the Compensation Fund or from credit fundsprovided by the developer with a compensation fund or third parties. The funds of the compensation fund are formed due to the contributions of developers, which they are required to contribute in the amount of 1.2% of the amount of contracts concluded with the shareholders, tells concerned.

"In addition, shareholders have the right to receive money compensation From the compensation fund. Also, on the choice of shareholders, they may require the transmission of the object of unfinished construction (if the object is not completed), the transfer of residential premises to them (if the object is already completed), attracting a different developer for construction. Such decisions are accepted by 3/4 votes of the meeting of shareholders, "he added.

As Syonenko says, before any prolonnel, hearing the scary "developer - bankrupt," did not know what to do and hastily I was looking for lawyers. "Now the shareholder does not need to go to court, he is only waiting for letters from the bankruptcy trustee (new leader of the developer - bankrupt) and informs him about his right and desire to be a lender, and in the end, to get a long-awaited apartment," he says.

However, the lawyer of the law office "Leontiev and Partners" notes that these measures entail an increased financial burden on developers and increase their responsibility to shareholders and the state. In practice, this may in the medium term lead to the appreciation of housing for the shareholders and the consolidation of players in the market, adds an expert.

Subsidation Mortgage up to 6% of families

Russian President Vladimir Putin at the end of November proposed to subsidize a mortgage over 6% of families after the birth of a second child when buying housing on the primary market for three years. In the case of the birth of a third child, subsidizing time will be 5 years. The duration of the subsidy program itself will last until the end of 2022.

Subsidies of the mortgage rate for families from 2018 will be born a second or third child, almost twice will reduce their interest expenses; At the same time, approximately 5% of families will be able to use the program, Chief Analyst Promsvyazbank Dmitry Monastyrshin counted for RIA Novosti.

In 2018, the legislator is planned to be consolidated in the Law on share participation Additional guarantees for the shareholders themselves and strengthen the responsibility of developers in front of them, but it is still at the discussion stage, says busty.

As Simonenko adds, according to the law, the authorized capital of all developers can now be at least 40 million rubles, which will remove from the market individual entrepreneurs And one-day company. The developer must have experience at least three years of participation in the construction of apartment buildings with total area At least 10 thousand square meters in aggregate. The principle of "One Developer - 1 Build Permit" appears, that is, the developer is not entitled to simultaneously implement the construction of apartment buildings and / or other real estate objects on several construction permits and has the right to attract money distributions only for the construction of apartment buildings specified in one resolution.

Also, the developer should not have commitments to third parties on loans, loans, loans, and in other obligations they should not exceed 1% of the cost of construction, adds an expert.

"The main goal of all innovations in the field of equity construction (both already accepted and planned bills) is to protect the shareholders from the risks of deception with the construction period in particular and the construction of houses in general, as well as make the work of developers more open and professional," said Constant.

Simonenko adds that these measures can lead to an increase in the cost of construction and monopolizing the market by large developers who can not always be interested in small cities.

GIS Housing LCD system

From January 1, 2018, large penalties will be introduced large fines for management organizations that do not make information in GIS Housing and Communities.

Citizens who live in apartment buildings will have the right to not pay bills for housing and communal services if information about them is missing in the national information system Housing and communal services (GIS Housing and communal services).

GIS Housing and communal services launched in the summer of 2016. From July 1, 2017, service providers must obligatory provide information on accruals for housing utilities, and banks are information about communal payments.

Since 2017, it publishes information for citizens about communal services, as well as about household homes and devices, except for cities of federal importance, where the system will be fully available since 2019. The system contains information on tariffs for utility resources, on the size of the contributions for the overhaul of houses, information about the benefits for utilization of housing and communal services.

"However, this does not mean that a citizen may not pay bills for utilities at all: as soon as the information appears in the system, it automatically appears the obligation to pay. Thus, this innovation does not exempt citizens from the need to pay bills, but only prevents accrualing them Penalty for the delay in payment, "he added.

Also, the authorities are planning to introduce an advance payment for utilities with a system of discounts and benefits to citizens who will go to such calculations, and equip residential buildings with automated collection and transmission of accounting devices, but the legislation has not yet been developed, the lawyer of the law bureau of Leontyev added and partners. "

Informational portal " Single register Developers "on its website posted a publication, which lists the status of 214-FZ1 adopted by the legislator, and other federal laws in part of equity construction, which did not take effect on the date of publishing, as well as the provisions of the draft law No. 32,981-7, aimed at fulfilling the president's instructions Russian Vladimir Putin dated November 5, 2017 to reform a housing financing system.

I. Provisions 304-FZ

Topic 1. Method for the direction of the project declaration in the control body
Essence norm:
The developer is obliged to direct the project declaration into a control body by filling electronic form Design Declaration on the site defined by the Ministry of Economics of Russia (part 2 of Article 19 214-ФЗ).
The changes to the project declaration are sent by the developer to the controller by filling out the electronic form of the project declaration with changes on the site defined by the Ministry of Internal Affairs of Russia (part 6 of article 19 214-ФЗ).
Date of entry into force: It is determined part 5 of article 6 304-FZ. It takes effect from the date of ensuring the technical possibility of filling out the electronic form of the project declaration on the site defined by the Ministry of Internal Affairs of Russia.
Comment
The obligation of the developer to use the electronic form of the project declaration for its direction to the control system occurs after the fulfillment of two conditions in the aggregate:
1) MinStroy Russia should issue a regulatory legal act that determines the site where the developer is obliged to fill the electronic form of the design declaration for its direction to the control system (part 2 of Article 19 214-ФЗ);
2) MinStroy Russia or the owner of the relevant site should notify developers and the controlling bodies on the date of availability of the technical capabilities of the direction of the design declaration into the control system by filling out the electronic form (part 5 of article 6 304-ФЗ).
It should be noted that the technical opportunity should ensure the development of three scenarios:
1) the primary direction of the project declaration;
2) the direction of changes to the project declaration, originally completed in the form established by the order of the Ministry of Internal Affairs of Russia of December 20, 2016 No. 996 / AR "On approval of the form of the project declaration";
3) the direction of changes to the design declaration, originally filled in arbitrary form, i.e. Filled and published before establishing requirements for the form of the project declaration.
Consequences of non-compliance
Design declarations aimed at the control unit in paper form after the technical capabilities of the direction of the project declaration into the control body by filling out the electronic form, will not be considered directed to the control body. According to such design declarations, the control body will not issue conclusions.

Topic 2. Requirements for persons involved in the management of the developer's activities
Essence norm:
Leader chief Accountant, candidates for these posts, the beneficiaries cannot:
have certain types of criminal record (paragraph 1 of Part 3 of Article 3.2 214-FZ);
have no expired time administrative punishment in the form of disqualification (paragraph 2 of part 3 of Article 3.2 214-ФЗ);
to be earlier (less than three years ago) attracted to subsidiary responsibility for the obligations of a legal entity (paragraph 3 of Part 3 of Article 3.2 214-FZ);
Perfected earlier (less than three years ago) the functions of the sole executive body of a legal entity recognized as insolvent (bankrupt) (paragraph 4 of Part 3 of Article 3.2 214-FZ);
Before (less than three years ago), the beneficiary of a legal entity recognized as insolvent (bankrupt) (paragraph 5 of Part 3 of Article 3.2 214-FZ).
Date of entry into force

Comment
On the compliance of the beneficiaries of the developer to them, the developer is obliged to notify the control body during the direction of the project declaration (part 2 of article 19 214-ФЗ).
On the compliance of the head of the developer, the chief accountant and the beneficiaries to them, the developer is obliged to indicate in the design declaration if the project declaration is filled with regard to the object, the construction permit is issued on July 1, 2018 and later (paragraph 8 of Part 2 of Article 3, paragraph 7 of Part 8 1 Article 20 214-FZ, part 3 of Article 25 218-ФЗ).

In accordance with paragraph 8 of part 2 of Article 3, 214-ФЗ, the inconsistency of these persons of the developer to them, which means the absence of rights to attract real estate investors from developer. However, this provision according to Part 3 of Article 25 218-FZ does not apply if construction permission was received before July 1, 2018.
Topic 3. Responsibility of the developer to notify the controlling body about changes in the parties involved in the management of the developer's activities
Essence norm:
The developer is obliged to notify no later than 3 working days by the control body (part 2 of Article 3.2 214-FZ):
On the termination of the powers of the head of the developer;
On election (appointment) of the new developer of the developer;
On the formation of a temporary sole executive body.
Simultaneously with the notification, the developer is obliged to submit information on the compliant information about the compliance with the requirements of paragraph 3 of article 3.2 214-ФЗ.
Date of entry into force: It is determined part 4 of article 25 218-FZ.

The consequences of non-compliance with the requirements
Not installed.
Part 3 of Article 14.28 of the COAP provides for the administrative responsibility of the developer for failure to provide the developer into the reporting authority. Notifications are not a type of reporting.

Topic 4. Responsibility of developers for placing information in a single information system of housing construction (EIZHS)
Essence norm:
The developers are obliged to post the same information in the EISP, which is obliged to post on their official website (part 4 of Article 23.3 214-FZ):
Audit conclusion last year implementing business activities (paragraph 2 of Part 2 of Article 3.1 214-FZ);
Permits for commissioning objects capital constructionissued by the developer in relation to capital construction facilities in which the developer took part in the construction of the project declaration for three years preceding the publication of the project declaration (paragraph 1 of Part 2 of Article 3.1 214-FZ);
Information on apartment buildings and (or) other properties, the construction (creation) of which is carried out by the developer with the involvement of funds of participants in equity construction:
1) construction permit (paragraph 2 of part 2 of Article 3.1 214-FZ);
2) the conclusion of the examination of project documentation, if such an examination is established by federal law (paragraph 2 of Part 2 of Article 3.1 214-ФЗ);
3) documents confirming the rights of the developer on the land plot (paragraph 2 of part 2 of Article 3.1 214-ФЗ);
4) the design declaration (paragraph 3 of Part 2 of Article 3.1 214-FZ);
5) Conclusion of the controlling body on the compliance of the developer and the project declaration with the requirements established by part 2 of Article 3, Articles 20 and 21 214-FZ (paragraph 4 of Part 2 of Article 3.1 214-ФЗ);
6) payment information by the developer mandatory contributions (contributions) to the compensation fund, if such deductions were carried out (paragraph 6 of Part 2 of Article 3.1 214-FZ);
7) information about the conditions of attraction money Participants in equity construction under the Treaty of Participation in Share Construction in accordance with the requirements of Articles 15.4 and 15.5 Federal Law N 214-FZ, if the developer has chosen a way to attract funds of participants in equity construction - ESCRO-Account (paragraph 6 of part 2 of Article 3.1 214-FZ);
8) projects (project) of participation contracts in the share of construction used by the developer to attract funds of participants in equity construction for construction (creation) apartment house and (or) other objects of real estate (paragraph 5 of part 2 of Article 3.1 214-ФЗ);
9) guarantee contracts with the developer concluded by the developer in accordance with Article 15.3 of the Federal Law of the N 214-FZ, if such agreements are concluded (paragraph 7 of Part 2 of Article 3.1 214-ФЗ);
10) Photos of the construction (created) by the developer with the involvement of funds of participants in the equity construction of an apartment building and (or) of another real estate object, reflecting the current state of their construction (creation) (paragraph 8 of Part 2 of Article 3.1 214-ФЗ).
Date of entry into force
Comment
Order, composition, methods, deadlines and frequency of placement of information by developers in a single information system of housing construction is determined by the Ministry of Travel of Russia (paragraph 3.3 of Part 3 of Sati 23 214-ФЗ).
The consequences of non-compliance with the requirements
For non-fulfillment of this obligation it is possible to attract a developer to administrative responsibility:
under article 14.8 Administrative Code for violating the right of consumer to obtain the necessary and reliable information on the product being implemented (work, service), about the manufacturer, about the seller, about the artist and about the mode of their work;
under article 14.28 Administrative Code for the provision of incomplete and (or) unreliable information, publishing, placement or provision of which is provided for by legislation on participation in the shared construction of apartment buildings and (or other real estate objects, as well as violation of the posts of publication and (or) placement of the project declaration or changes introduced into it.

Topic 5. Responsibility of controlling bodies for the placement of information in EIAS
Essence norm:
Control bodies are required to post information about (part 5 of article 23.3 214-ФЗ):
persons of the controller authorized for control;
issued conclusions on conformity, or a motivated refusal to issue such conclusions;
conducted audits of the developer's activities;
regulations developer;
Entered B. legal force Resolutions on the involvement of the developer and its officials to administrative responsibility.
Date of entry into force: It is determined part 6 of article 25 218-ФЗ.
The consequences of non-compliance with the requirements
Not installed
Topic 6. Bankruptcy developer (changes made in 127-ФЗ)
The essence of norms:
additional requirements for the competitive manager (parts 2.1-2.3, 2.5 of Article 201.1 127-FZ);
The obligation of the developer in writing to inform bankruptcy degrees at (Part 7 of Article 201.1 127-ФЗ):
1) Conclusion of DDD;
2) making money on previously concluded DDD;
The inclusion in the register of creditors' claims is carried out by the bankruptcy trustee (until 01.01.2018 - Arbitration Court) (Article 201.4 127-FZ);
Ban on termination by landlord lease agreement land plot with the developer (part 1 of article 201.3 127-ФЗ);
priority to the 214-FZ shareholder, if in relation to one residential premises There are requirements of several degrees (part 8.1 of Article 201.11 127-FZ);
the possibility of holding a meeting of shareholders in the form correspondence vote - if there are more than 500 (Article 201.12 127-ФЗ);
a ban on the inclusion of legal entities into the register of the requirements for the transfer of residential premises (part 1 of 201.12-1 127-ФЗ);
prohibition of the application of "Observation" procedures, "Financial recovery" (part 2.7 of Article 201.1 127-ФЗ);
Regulation of Fund Questions:
1) to the fund that fulfilled the payment, the right of the Requirement for DDU (Part 6 of Article 201.12-1 127-FZ) is passed;
2) challenging the developer's transactions by the Fund, which made deductions to the Fund (part 3.1 of Article 201.1 127-ФЗ);
3) the possibility of initiating the bankruptcy procedure of the developer, which made deductions to the Fund (part 2.6 of Article 201.1 127-ФЗ).
Issues of repayment of requirements of shareholders by transferring the rights of the developer to the object of unfinished construction and the land plot of the created HCC (part 3 of Article 201.12-1 127-ФЗ).
Date of entry into force: It is determined part 2 of Article 25 218-FZ. In accordance with Part 13 of Article 25 218-ФЗ, the new provisions of 127-FZ apply to the bankruptcy cases of developers, the production of which was initiated after January 1, 2018

Topic 7. Additional signs of the concept of "developer"
Essence norm:
Additional signs of the concept of "developer" are introduced, including the requirements for the experience of the implementation of the construction of apartment buildings, the name of the organization, organizational and legal form (paragraph 1 of Article 2 214-FZ).

Date of entry into force: It is determined part 3 of Article 25 218-FZ.
The consequences of non-compliance with the requirements
Not installed.
The law does not contain norms that, in violation of these requirements, the control body refuses the developer in issuing a conclusion of confinement (part 2.2 of article 19 214-ФЗ), or that the developer violating these requirements does not have the right to attract funds participants in equity construction ( Article 3 214-FZ). At the same time, according to the first paragraph of part 2 of Article 3 214-ФЗ, the right to attract funds participants in equity construction for the construction (creation) of an apartment building on the basis of an agreement participation in shared construction has a developer. An organization that does not correspond to the specified requirements is not a developer. By setting norms, it can be concluded that an organization that does not meet the specified requirements is not entitled to attract funds participants in equity construction.
Topic 8. Additional requirements to be carried out by developers to acquire the right to attract funds participants in equity construction
The essence of norms:
Requirements are established:
One developer is one building permit (part 1.1 of Article 3 214-FZ);
the presence of a positive conclusion of the examination of project documentation (paragraph 1 of Part 2 of Article 3 214-ФЗ);
to the size of own funds instead of requirements for authorized capital (paragraph 1.1 of Part 2 of Article 3 214-FZ);
to minimal size cash at the current account (paragraph 1.2 of Part 2 of Article 3 214-ФЗ);
to maximum size Developer's obligations not related to building permit (paragraph 1.5 of Part 2 of Article 3 214-ФЗ).
Impact prohibitions:
for tax arrears in any amount (paragraph 7 of Part 2 of Article 3 214-FZ);
For liabilities on loans, loans, loans, except target loans for construction (paragraph 1.3 of part 2 of Article 3 214-ФЗ);
on the issue of bonds and other valuable papersexcept shares (paragraph 1.4 of Part 2 of Article 3 214-FZ);
For obligations to ensure the fulfillment of third-party commitments, as well as their own commitments not related to construction (clauses 1.6, 1.7 of Part 2 of Article 3 214-ФЗ)
The scope of the requirements is expanded in case of attracting funds for participants in equity construction - legal entities.

Comment
The requirement of the presence in all cases of a positive conclusion of the examination of project documentation enters into a contradiction with the norms of part 2 of article 49 Town Planning Codedefining cases where the examination of project documentation is not carried out. Explained on this issue.

The consequences of non-compliance with the requirements
Failure to comply with these requirements is the basis for refusing to issue the conclusion of the control system (part 2.2 of article 19 214-ФЗ), with the exception of the requirement "one developer is one building permit." The violation of this requirement is not among the grounds for refusing to issue a controlling authority.
Developers who do not meet any of these requirements do not have the right to attract the funds of citizens - participants in equity construction for the construction (creation) of apartment buildings (parts 1.1 and 2.2 of Article 3 214-ФЗ).
Establishing a controlling body of the fact of non-compliance of the developer with the specified requirements, with the exception of the requirement "one developer - one building permit", entails the obligation of the controlling body to send a notice of the absence of the right to attract the funds of citizens - participants in shares (Part 2.5 of Article 3 214- FZ). Upon receipt of the notification, Rosreestr must suspend the registration of DDU (paragraph 55 of Part 1 of Article 26 of the Federal Law of July 13, 2015 No. 218-FZ "On state registration Real estate ") and notify all participants in the share construction that the developer is deprived of the right to attract the funds of citizens (part 7 of Article 48 of the Federal Law of July 13, 2015 No. 218-FZ" On State Registration of Real Estate ").
For the illegal attraction of citizens' funds in violation of legislation on equity construction, criminal liability is provided under Article 200.3 of the Criminal Code Russian Federation.
Topic 9. Changes in the field of targeted use of shareholders
The essence of norms:
Mounted limits:
administrative expenses8 of the developer (paragraph 20 of part 1 of article 18 214-ФЗ);
advance payments (part 4 of article 18 214-ФЗ);
The ban is entered on:
implementation of other activities (part 6 of article 18 214-ФЗ);
attracting loans, loans, loans other than landing loans (paragraph 1 of Part 7 of Article 18 214-ФЗ);
Release of securities, except for shares (paragraph 4 of Part 7 of Article 18 214-FZ);
purchase of securities (paragraph 6 of Part 7 of Article 18 214-ФЗ);
making transactions that are not related to construction (paragraph 8 of Part 7 of Article 18 214-ФЗ);
Creating legal entities involved in authorized capital economic societies (paragraph 7 of Part 7 of Article 18 214-ФЗ);
participation in the property of commercial and non-Profit Organizations (paragraph 7 of Part 7 of Article 18 214-FZ).

Spending means of shareholders:
It is prohibited for reimbursement of costs on (part 1 of article 18 214-ФЗ):

2) design;
3) engineering surveys;
4) examination;
Allowed to:
1) payment of services of the authorized bank (paragraph 13 of part 1 of article 18 214-ФЗ);
2) payment of taxes, including fines, penalties, administrative fines (paragraph 14 of part 1 of article 18 214-ФЗ);
3) payment of mandatory contributions (contributions) to the Compensation Fund (paragraph 15 of Part 1 of Article 18 214-FZ);
4) Returns the participant in the share construction of funds, interest on this amount (paragraph 16 of part 1 of article 18 214-ФЗ);
5) labor payment (paragraph 17 of part 1 of article 18 214-ФЗ);
6) payment of the services of the organization operating the functions of the executive body of the developer (paragraph 18 of Part 1 of Article 18 214-ФЗ);
7) cash payments related to the provision of guarantees and compensation workers (paragraph 19 of part 1 of article 18 214-ФЗ);
8) payment of administrative expenses (paragraph 20 of part 1 of article 18 214-ФЗ).
The boiler principle of the use of funds for the construction of several objects is allowed only within one permission to build instead of the boundaries of the element of the planning structure of the quarter, microdistrict (paragraph 1 of part 1 of article 18 214-ФЗ).

The consequences of non-compliance with the requirements
Special administrative and (or) criminal liability for violation of the norms about the targeted use of real estate investors is not established.
Transactions committed in violation of the requirement of the targeted use of shareholders can be recognized as invalid on claims (part 9 of Article 18 214-ФЗ):
1) developer;
2) founders of the developer;
3) developer lenders;
4) the controller;
5) Fund for the protection of the shareholders.
Introduced bank control. When identifying inadequate payments authorized Bank Informs about this by the control unit and the Protection Protection Fund (part 3 of Article 18.2 214-FZ).
Topic 10. Banking
The essence of norms:
The concept of "Authorized Bank" is introduced - a bank corresponding to the criteria established by the Government of the Russian Federation. Bank of Russia monthly places a list of authorized banks on its official website in the Internet information and telecommunication network (Article 2, 214-ФЗ paragraph 3).
The accounts of the developer, the technical customer and the general contractor should be opened in one authorized bank (part 2.3 of Article 3 214-ФЗ).
The developer is prohibited to have more than one current account (part 2.3 of Article 3 214-ФЗ).
For each payment of the developer, special bank control is carried out (part 2 of Article 18.2 214-FZ).
The balance of funds after the completion of the project, the developer can use at its discretion only after the fulfillment of the obligations on the transfer of apartments with all participants in shared construction (part 8 of article 18 214-ФЗ).

The consequences of non-compliance with the requirements
Special administrative and (or) criminal liability for violation of the norms about the number and place of placement of the developer's accounts is not established. It is assumed that the authorized bank will take some measures when identifying payments to the general contractor or technical customer on an account, placed in another bank. However, the law does not contain norms obliging the Bank to refuse to make payments to such accounts or notify the controlling authorities and the Protection Fund for such cases.
It is assumed that banks that do not have the status of the "authorized bank" will not open the accounts of the organization if the words "specialized developer" are used in its name. However, the law does not contain any direct ban on such banks to open accounts by specialized developers.
The law does not contain the obligations of an authorized bank to refuse the developer in the implementation of the payment, unless substantial documents are presented, or the payment does not meet the established restrictions on targeted use.
Topic 11. Responsibilities of the Development Development for more information on the site and in EIZHS
The essence of norms:
The developer is obliged to post on the site annual accounting (financial) reporting and intermediate accounting (financial) reporting (paragraph 7 of part 2 of Article 3.1 214-ФЗ).
The developer is obliged to place the same information (part 4 Sati 23.3 214-ФЗ).
The consequences of non-compliance with the requirements
Specified in topic number 4.
Topic 12. Responsibilities of the developer for posting additional information in the project declaration
The essence of norms:
In the project declaration, the developer is obliged to additionally indicate:
information on commissioned for the previous three years of construction projects of the main and subsidiaries (paragraph 4 of part 1 of article 20 214-ФЗ);
Information on the compliance of persons participating in the management of the developer established by the requirements (paragraph 7 of part 1 of article 20 214-ФЗ).