Fill out the design declaration. Check the design declaration. Where and when to file a declaration

Today we will talk about the project declaration - a document without which it is impossible to present one or another construction project planned for sale. What is a project declaration, and why is it so important when buying a home in a new building, you will find out below. We will also talk about the changes in 2018 related to this document and other nuances of the construction market.

What does a design declaration mean?

Under the design declaration of the builder is understood official document, submitted by the company, where complete information about it and, in particular, about the investment and construction project, to which the document directly relates, is provided. For example, this may apply to a residential apartment building.

The project declaration is the key paper by which potential equity holders evaluate the project and decide on the purchase of housing in the primary market.

Developer's project declaration (click to enlarge)

Key features of the developer's project declaration are as follows:

• a developer company that sells housing to citizens on the basis of shared construction is obligated to publish this document for each of its projects and post it in open sources, including its website;
• the purchase of an apartment in a building under construction is a kind of investment in the result of construction. Therefore, a declaration is also needed so that home buyers know everything about who exactly their invested funds go to and what the developer spends them on;
• each project declaration is drawn up for a specific shared construction object.

As part of the declaration there can be either a separate residential building, or several (forming a small ensemble) and even a whole microdistrict. But, nevertheless, each house must be described in the document separately according to the model.

Sample and content of the declaration

The declaration must contain comprehensive information about the developer, the project for the construction of the facility, in addition, data on current financial results, as well as on accounts payable and receivable of the developer, must be updated quarterly.

The design declaration for the construction of a residential building can be drawn up in any form. A drafting sample can be easily requested, while the declaration must include the following information:

Each of the listed points of the document can be disclosed by the developer both in as much detail as possible and more briefly. However, the more information will be present in the public domain, the more confidence will be in the developer.

In addition, as the project develops, the developer has the right change the design declaration. Information about the changes made must be published in all open sources. When such changes do not worsen the conditions for acquiring apartments, then there will be nothing wrong with that. But if they are for the worse, then the people will not be satisfied.

Buyers before buying an apartment in a house under construction and before signing the Equity Participation Agreement should definitely clarify this point with a representative of the developer company. So, you can immediately agree on the issue of returning the money paid, in case the potential buyer does not like the changes in the declaration. If the change in the project documentation is too significant, then the interest holder has the right to terminate the contract with the developer through the court.

As mentioned earlier, when building a new residential building, its developer is obliged provide the most complete information about your property so that potential buyers can objectively evaluate it. Without fail, they must be freely available on the developer's website:

• construction documents;

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 raise 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. Project declaration, information on the conformity of an individual identified in part 4 of article 3.2 of this Federal Law, the requirements of the specified articles before the developer concludes an agreement with the first participant in the shared construction of an apartment building and (or) another real estate object, they are sent by the developer through his personal account in the unified housing construction information system 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 an electronic form of the project declaration.

(see text in previous edition)

2.1. The authorized executive body of the subject of the Russian Federation, specified in part 2 of article 23 of this Federal Law, within a period of not more than thirty days from the date of receipt of the project declaration, prepares and issues to the developer an opinion on the compliance of the developer and the project declaration with the requirements established by parts 1.1 and 2 articles 3, and this Federal Law, or refusal to issue such an opinion. In order to confirm the compliance of the developer with the requirements parts 1.1 and 2 articles 3 of this Federal Law, the authorized executive body of the constituent entity of the Russian Federation specified in part 2 of article 23 of this Federal Law, requests the necessary information from state authorities, local governments, other organizations in the manner of interdepartmental information interaction.

(see text in previous edition)

2.1-1. Conclusion on the compliance of the developer and the project declaration with the requirements established parts 1.1 and 2 articles 3, and this Federal Law, or a refusal to issue such an opinion is issued by the authorized executive body of the constituent entity of the Russian Federation specified in part 2 of article 23 of this Federal Law, using a unified housing construction information system in the form of electronic documents signed with an enhanced qualified signature.

ConsultantPlus: note.

Until 06/28/2021, the issuance of an opinion is refused only if the developer, who raises funds only using escrow accounts, does not comply with the requirements pp. one, - and 8 h. 2 tbsp. 3, and (or) non-compliance of the project declaration with the requirements Art. twenty and (FZ dated 06/27/2019 N 151-FZ).

2.2. In the issuance of the specified in parts 2.1 of this article, the conclusion is refused if the authorized executive body of the subject of the Russian Federation, specified in part 2 of article 23 of this Federal Law, the facts of non-compliance of the developer with the requirements established parts 1.1 and 2 articles 3 , Article 3.2 of this Federal Law, and (or) non-compliance of the project declaration with the requirements established by this Federal Law, as well as in case of violation by the developer on the date of sending the project declaration in accordance with part 2 of article 19 of this Federal Law by the developer and (or) its main company or a subsidiary of such a main company, the date of commissioning of an apartment building and (or) other real estate object, the construction (creation) of which is carried out with the involvement of funds from participants in shared construction, specified in the project declaration submitted for state registration of an agreement for participation in shared construction, concluded by the developer with the first participant in shared construction of such real estate objects, for three or more months. Refusal to issue the specified parts 2.1 of this article, conclusions on other grounds are not allowed.

(see text in previous edition)

2.3. In the event that the authorized executive body of the subject of the Russian Federation refused to issue the developer specified in parts 2.1 of this article of the conclusion, or if within sixty days from the date of issuance of such an opinion to the developer, the developer does not submit documents for state registration of an agreement with the first participant in the shared construction of an apartment building and (or) another real estate object, the project declaration is subject to re-sending to the authorized executive body of the subject of the Russian Federation Federation specified in part 2 of article 23 of this Federal Law, in order to obtain the specified in parts 2.1 of this article of the conclusion in the manner prescribed part 2 of this article.

(see text in previous edition)

4. The developer is obliged to make changes to the project declaration regarding information about the developer and the construction project, as well as the facts of making changes to the project documentation, within three working days from the date of the change in the relevant information, except for the cases provided for part 4.1 of this article.

(see text in previous edition)

4.1. Every month, no later than the 10th day of the month following the reporting one, the developer is obliged to make changes to the project declaration regarding the information provided for clause 11.2 of part 1 of article 21

(see text in previous edition)

7. If the developer violates the requirements for the project declaration established by this Federal Law, the participant in shared construction has the right to apply to a court or arbitration court with a claim to recognize the transaction as invalid as made under the influence of delusion. If the transaction is recognized as invalid, the developer is obliged to return the funds paid by the participant in shared construction under the agreement and pay interest in accordance with part 2 of article 9 of this federal law.

8. The developer is responsible for posting in public information and telecommunication networks a project declaration, including with changes made to it, containing incomplete and (or) inaccurate information (with the exception of technical errors identified in it - typos, misprints, grammatical or other such errors), for providing them with incomplete and (or) inaccurate information, the placement or provision of which is provided for by this Federal Law, as well as for violating the deadlines for sending and (or) placing a project declaration, including with amendments made to it, in accordance with the legislation of the Russian Federation.

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 loans, the number of equity participation agreements concluded, including those with escrow accounts.

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

Where and when to file a declaration

The developer must send the project declaration to the regional supervision of shared construction through the personal account in the UIIHS. The site address is 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 a declaration before concluding an agreement with the first shareholder (clause 2, 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 provides facts that have legal consequences for him. The declaration defines the scope of the developer's rights to raise funds from equity holders.

Based on the declaration, regional supervision issues a conclusion 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 false or incomplete information in the project declaration, the developer faces a fine. In addition, due to incorrect data, the equity holder may, through the court, invalidate the transaction with the developer of an apartment building or other facility (clauses 7, 8, article 19 of Law No. 214-FZ).

32 next changes in the Tax Code -

How to fill out a new form

• Check list. What additional information should be indicated in the declaration

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

  Data on the amount of payments under agreements on the development of a 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 the target loan or target loan. Including information about the lender, the available amount of the loan or loan with a credit limit, the unused balance of the credit line as of the last reporting date.

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

A group of people. The project declaration now additionally needs to include information about those who belong to the same group of persons as 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.

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

Agreement on the development of the territory. An agreement on the development of a built-up area is concluded by the local authorities with the winner of an 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, article 46.2 of the Civil Code).

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

• prepare a plan for planning and surveying the built-up area, which will provide it with the necessary infrastructure for residents - utilities, transport and social facilities;
• provide social housing for people who will have to be evicted from their homes located in the development zone;
• pay compensation for confiscated lands and emergency housing for demolition on them;
• construct capital construction facilities in accordance with the approved project for planning the built-up area.

The authorities should:

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

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

Comprehensive development includes the preparation of documents on 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 territory planning documentation. Under such an agreement, the developer must, within a specific time frame:

• prepare a project for planning and surveying the territory, which will provide it with the necessary infrastructure for residents - communications, transport and social facilities;
• landscaping and landscaping the resulting areas;
• build objects of communal, transport and social infrastructure and transfer them to the authorities;
• develop the territory and put into operation capital construction facilities.

The authorities should:

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

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

Purpose loans and loans. A loan or a loan is considered targeted if it is involved in 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 for refinancing a target loan or loan (clause 4, article 2 of Law No. 214-FZ).

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

When the developer uses escrow accounts for settlements with equity holders, the rules are special. Restrictions on the use of target 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. Information about the target 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 place. The developer must transfer them to the equity holder after obtaining permission to commission an apartment building or other facility.

Under an agreement on participation in shared construction, the developer undertakes to build the relevant object on time and transfer it to the equity holder after the house is put into operation.

Sample 4. Information about contracts for participation in shared construction

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

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