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 an electronic project declaration form.
(see text in previous edition)
2.1. The authorized executive body of the constituent entity 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 of Article 3 , and this Federal Law, or refusal to issue such an opinion. In order to confirm the developer's compliance with the requirements of Parts 1.1 and 2 of Article 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 public authorities, local self-government bodies, and other organizations in an interdepartmental manner. information interaction.
(see text in previous edition)
2.1-1. A conclusion on the compliance of the developer and the project declaration with the requirements established by Parts 1.1 and 2 of Article 3 and this Federal Law, or a refusal to issue such a conclusion, shall be 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 single housing construction information system in the form of electronic documents signed with an enhanced qualified signature.
ConsultantPlus: note.
Until June 28, 2021, it refuses to issue an opinion only if the developer, who attracts funds only using escrow accounts, does not comply with the requirements of paragraphs. 1, - and 8 h. 2 tbsp. 3, and (or) non-compliance of the project declaration with the requirements of Art. 20 and (Federal Law of June 27, 2019 N 151-FZ).
2.2. The conclusion specified in part 2.1 of this article shall be refused if the authorized executive body of the constituent entity of the Russian Federation, specified in part 2 of article 23 of this Federal Law, reveals the fact that the developer does not comply with the requirements established by parts 1.1 and 2 of article 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 as of 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 parent company or a subsidiary of such parent company the term of commissioning 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 the shared construction of such real estate objects, for three or more months. Refusal to issue the opinion specified in part 2.1 of this article on other grounds is not allowed.
(see text in previous edition)
2.3. In the event that the authorized executive body of the constituent entity of the Russian Federation refused to issue to the developer the conclusion specified in part 2.1 of this article, or if, within sixty days from the date of issuance of such an opinion to the developer, the developer has not submitted documents for state registration of the contract with the first participant in the shared construction of an apartment building and (or) another real estate object, the project declaration must be sent again to the authorized executive body of the constituent entity of the Russian Federation specified in Part 2 of Article 23 of this Federal Law in order to obtain the opinion specified in Part 2.1 of this Article in the manner prescribed by 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 as provided for in 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 month, the developer is obliged to make changes to the project declaration regarding the information provided for in paragraph 11.2 of Part 1 of Article 21
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 with the amendments.(see text in previous edition)
7. In case of violation by the developer of the requirements for the project declaration established by this Federal Law, a participant in shared construction has the right to apply to a court or an arbitration court with a claim to invalidate the transaction 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 the shared construction under the contract and pay interest in accordance with Part 2 of Article 9 of this Federal Law.
8. The developer is responsible for the placement in the public information and telecommunication networks of the project declaration, including with amendments made to it, containing incomplete and (or) inaccurate information (except for technical errors identified in it - clerical errors, 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 violation of the terms for sending and (or) posting the project declaration, including with the amendments made to it, in accordance with the legislation of the Russian Federation.
Today we will talk about the project declaration - a document without which it is impossible to imagine a particular construction project planned for sale. What is a project declaration, and why it is 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 project declaration mean
The developer's project declaration means official document submitted by the company, which provides complete information about it and, in particular, about the investment and construction project, to which the document is directly related. For example, this may apply to a residential apartment building.
The project declaration is the key document by which potential equity holders evaluate the project and make a decision to buy housing on the primary market.
Developer's project declaration (click to enlarge)
Key features the developer's project declaration is as follows:
- a developer company that sells housing to citizens on the condition of shared construction is obliged 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, the 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 object of shared construction.
As part of the declaration there can be both a separate residential building, and 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 data about the developer, the project for the construction of the facility, in addition, the data on the current financial results, as well as on the accounts payable and receivable of the developer, must be updated on a quarterly basis.
The project declaration for the construction of a residential building can be drawn up in any form. A compilation template can be easily requested, while the declaration must include the following data:
The developer can disclose each of the listed paragraphs of the document both in maximum detail and in more concise manner. However, the more information there is in the public domain, the more confidence there will be in the developer.
In addition, as the project develops, the developer has the right change the project declaration... Information about the changes made should be published in all open sources. When such changes do not in any way 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 happy.
Before buying an apartment in a building under construction and before signing the Equity Participation Agreement, buyers should definitely check with the representative of the developer company about this point. So, you can immediately agree on the issue of returning the money deposited 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 shareholder has the right to terminate the contract with the developer through the courts.
As mentioned earlier, during the construction of a new residential building, its developer must provide the most complete information about your property so that potential buyers can objectively evaluate it. It is imperative that they be freely available on the developer's website:
- construction documents;
537 919
48 ▲
131 818
73 ▲
129 941
12 ▲
94 167
8 ▲
93 860
215 ▲
84 305
858 ▲
82 061
504 ▲
79 621
8 ▲
78 814
51 ▲
76 090
* change of the developer's location is indicated in relation to the results of 2019
Within three months, it has commissioned 537.9 thousand square meters of housing. These are 21 apartment buildings in 12 residential complexes. Most of the commissioned housing is located in the Moscow region (49.4%), Moscow accounts for 47.5%. At the end of 2019, PIK Group commissioned more than 1.7 million m2 (1st place in terms of commissioning volumes). According to the project declarations, in 2020 PIK Group plans to commission a total of more than 2.3 million square meters of housing.
The second place in the TOP was taken, which has commissioned more than 131 thousand square meters of housing since the beginning of the year and plans to commission another 171.1 thousand square meters by the end of the year. P compared with the TOP at the end of last year The builder went up 48 positions at once, and at the same time introduced only 40% of the volume planned for the year. If all plans of Pioneer Group of Companies are implemented, then by the end of the year the group will take a place in the top twenty.
It took the third place with the volume of commissioning 129.9 thousand square meters. At the same time, by the end of the year, the developer plans to introduce only 17.1 thousand sq. M. The developer immediately climbed 73 positions compared to the TOP of the last year. If the plan for commissioning by the end of the year is fulfilled, by the end of the year the group will take a place in the TOP-50.
The fourth was with the volume of commissioning 94.1 thousand square meters, in the fifth position - with a result of 93.9 thousand square meters.
If all the plans of the TOP-10 developers for housing commissioning in 2020 are fulfilled, then by the end of the year the top ten leaders will look like this:
| Developer |
Housing commissioning volume, m2 |
Growth year |
|||||
| January- |
April- |
2020 year |
2019 year |
||||
| March |
December |
||||||
| fact, m2 |
plan *, m² |
plan, m² |
fact, m2 |
plan,% |
|||
| 537 919 |
1 814 898 |
2 352 817 |
1 752 055 |
34% |
|||
| 39 300 |
641 985 |
681 285 |
567 481 |
20% |
|||
| 36 671 |
629 754 |
666 425 |
667 911 |
||||
| 93 860 |
468 869 |
562 729 |
257 851 |
118% |
|||
| 23 469 |
533 331 |
556 800 |
446 276 |
25% |
|||
| 94 167 |
400 937 |
404 433 |
404 433 |
679 264 |
40% |
||
* Commissioning plans are calculated based on the commissioning dates specified in the project declarations
The details of the impressive leap to the 2nd place in the TOP in terms of commissioning in the first months of 2020 to the ERZ.RF portal were commented by the director of the sales group Diana Nilipovskaya(on the picture).
“In the first quarter of 2020, Pioneer Group of Companies commissioned four buildings with a total area of 138 thousand square meters. m and three in - with a total area of 117 thousand square meters. m.
In the first stage of the residential complex “LIFE-Kutuzovsky” in the west of Moscow, the handover of keys to equity holders began immediately after the New Year holidays. Currently, 545 out of 877 apartments have already been accepted by clients.
The residential complex is located in the Mozhaisky district of the capital near the river. Setun. Nearby there is a green zone, which is a continuation of one of the largest nature reserves in Moscow - the Setun River Valley. On the ground floors there are commercial premises, on the underground level there is a parking lot for almost 1,000 cars (in the first stage of the residential complex). Separately, it is worth noting the improvement of the quarter's territory: recreation areas, playgrounds and sports grounds have been equipped, landscape gardening has been carried out.
Three buildings (K4, K5 and K6) of the residential complex "LIFE-Botanical Garden" are two 23-storey towers with a total area of 37 thousand square meters. m and a multi-section building of variable number of storeys (from 18 to 21 floors) with an area of 43.2 thousand square meters. m for 702 apartments. Houses were built on the banks of the river. Yauza.
Residents will be able to enjoy communion with nature, walking along the embankment, the improvement of which will be completed in the near future. Commercial premises are located on the first floors of the buildings; underground parking for 310 cars has been built for motorists.
Issuance of keys to equity holders began at the end of March at K4. The owners of 67 out of 162 apartments in this building are ready to start renovating, ”said Diana Nilipovskaya.
TOP developers in terms of housing commissioning in 2020 is available by.
Other publications
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 as 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 contracts for participation in shared construction concluded. 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 belong to the same group of persons with the developer. We are talking about people and organizations that can influence the developer. For example, it 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:
- 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:
- to prepare a project for planning and land surveying of the territory, which will provide it with the necessary infrastructure for residents - communications, transport and social facilities;
- landscaping and planting of greenery on 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 on 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. Information about 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 about 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 |
|
|---|---|---|
|
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) |
RUB 200,000-400,000 (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 counted from the day the shareholder's money is received until the day they are returned. If the shareholder is a citizen, he must be paid double the interest |
|
