What's new in construction c. Why the new law on shared construction threatens to collapse in the housing market. How is equity participation

In 2017, quite serious changes took place in the field of legislation regulating relations between developers and equity holders. Since the beginning of the year, amendments adopted within the framework of Law No. 304 have come into force. (On amendments to FZ-214 and a number of other legislative acts), however, the mechanism for introducing these amendments into life was not scheduled, so they were, rather, of a declarative nature.

In the summer, on June 29, the Duma adopted another package of amendments, and the President of the Russian Federation signed the document (146 pages, number No. 139186-7), in which the procedure for the implementation of the law is already described in sufficient detail. So, how will changes in legislation affect developers, the equity construction market and the new construction market in general in 2018?

What is the essence of the major changes?

Recall: among the innovations is the creation of a compensation fund, the funds from which will be used to complete the construction in the event that the developer is unable to fulfill his obligations (bankruptcy, etc.) . The Fund will function as a public company under the control of the Accounts Chamber. The fund will be formed by means that developers must deduct without fail before starting construction. The amount of the contribution will be 1.2% of the total amount of all DDUs that were concluded with equity holders.

Measures aimed at protecting the interests of equity holders are certain conditions that must be met by the developer before he has the right to raise money for construction.

The developer's equity capital must be at least 10% of the project cost; the developer must have the entire package of documents, including a building permit. Guarantors may be involved instead of equity capital. The developer's website must have project documentation, as well as all permits, all papers must be drawn up to be on the site even before the developer starts an advertising campaign.

All documents must be issued in the name of the company that is raising money. Some unscrupulous developers are currently violating this provision, and the entry into force of the law should correct this. The law stipulates that all funds raised should be directed only to the construction of this residential complex. The developer's activities will be monitored through banking structures - all payments must go through a single account opened in credit institution. It will no longer be possible to legally transfer money to subsidiaries and other projects.

The amendments also establish restrictions related to the reputation of the developer - there can be no persons with an unexpunged criminal record on economic issues among the management. It is planned to create a Unified Register of Developers, it will be a state information portal with free access, where information will be collected regarding the activities of all developers offering their services in the territory of the Russian Federation.

The Novostroyev portal is confident that the amendments that came into effect this year and were adopted will lead to certain changes in the market for new buildings, and asked the developers themselves to comment on possible changes.

Expert comments

Roman Sychev General Director of TEKTA GROUP

The new amendments will undoubtedly affect all participants in the industry and will increase the transparency of the new buildings market. The actions of the majority of developers will become clear, and purchase risks will be reduced. The innovations provide for the developer to work on the principle of "one legal entity - one object". At the same time, the size of the authorized capital of the company should be at least 2.5 million rubles, work experience - at least 3 years, and the volume of housing commissioned - more than 10 thousand square meters. m. Buyers will be insured by a compensation fund, to which developers will begin to allocate funds in the amount of 1.2% of the amount of DDU. If the developer has financial problems, the equity holders will be able to receive compensation. Of course, the changes will add more paperwork, and will also lead to an increase in the number of legal entities... Nevertheless, the new amendments will allow us to weed out unscrupulous developers, reduce the number of cheated buyers and make the market for new buildings more civilized. It can be expected that changes will take shape as early as 2018.

Kirill Ignakhin CEO Level Group

I believe that the most important change, which will seriously affect the activities of developers, will be the requirement to create a reserve on the developer's current account, amounting to at least 10% of the planned construction cost. Since these funds will have to be frozen before the start of attracting funds from equity holders under the DDU, this can put developers in a difficult situation with small financial reserves.

In this case, only those players will remain on the market who will be able to fine-tune their business, optimize costs and correctly assess their strengths. At the same time, increased financial requirements can provoke the departure of weak players. In general, we treat the tightening of requirements for the share market with understanding - we are talking about a very large industry and the risks of ordinary citizens, for whom the housing issue is often a life-long problem. Therefore, of course, many players will have a hard time, but from the point of view of the “health of the market” and protection of the buyer, all the measures taken by the authorities are justified. Ultimately, all developers will benefit from the innovations, because customer confidence in shared construction will grow and many of those who today consider investing in housing under construction an inadequate risk will come to the market. Mostly, the new operating rules will require a change in the approach to financing and reporting. We are absolutely ready for both the first and the second.

Natalia Nesterova Commercial Director of the development company "Troika RED"

It's no secret that the adopted amendments to FZ-214 are designed to protect the rights of equity holders and avoid a repetition of situations when a buyer, having paid for an apartment, ends up without housing. In particular, for this purpose, a compensation fund is being created, where the developer will be obliged to deduct 1.2% of each concluded preschool education institution. The amount of 1.2% is comparable to the cost of insurance, i.e. this innovation will not in any way affect the cost of apartments, however, buyers do get guarantees that their apartments will be built and put into operation.

Let me remind you that history knows no examples when a residential complex was completed with the money of an insurance company after the bankruptcy of the developer. Thus, the creation of a compensation fund can indeed be an effective tool to protect the rights of equity holders. As for the introduction of escrow accounts, the purpose of which is also to give the buyer a guarantee that in the end he will not become a deceived shareholder, then, in my opinion, this system is unlikely to be in demand in 2018. From the point of view of theory, the scheme is working: the owner of the apartment conditionally freezes his funds, while the cost of the apartment does not increase as the object is ready, and if the developer goes bankrupt and the equity holders do not show any desire to complete the building, the buyer gets his funds back. However, for the developer, this scheme of work is not interesting. In addition, it is important to understand here that the safety Money in banks, it is also necessary to guarantee: since the beginning of 2017 alone, licenses have been revoked from more than 30 banks. In my opinion, this can be done with the participation of state-controlled banks.

I would like to note that all the changes in aggregate, taking into account the introduction of the minimum amount of the authorized capital, depending on the aggregate value of the objects, have a serious impact on financial position developers. As a result, we get a picture when it will be more difficult for small development companies to carry out their activities. As a result, this can lead to the consolidation of players in the market. On the one hand, this trend can also be viewed as an additional guarantee for equity holders - large, financially stable companies are more likely to fulfill their obligations for the construction of facilities. However, the very process of market monopolization may also have negative consequences for buyers - in particular, an increase in the cost of housing. In addition, developers who are unable to attract funds from equity holders, who actually acted as an interest-free loan for them, will have to either build with their own funds or attract credit. As a result, the developer will be forced to include his own expenses in the prime cost of apartments, including those for attracting project financing.

Maria Litinetskaya Managing partner "Metrium Group"

In my opinion, 2018 will be a period of adaptation for the whole construction industry... Mainly, developers will have to get used to the stricter requirements for the financial stability of their organizations, as well as to interact with the compensation fund. The latter will not only be able to collect deductions from preschool institutions concluded in the country, but will also receive control functions, for example, will be able to request information from developers on a regular basis about the state of the organization. In fact, an additional supervisory body is being created.

In general, the tightening of requirements for developers will ultimately lead to additional costs - the same 10% of the cost of the project must be taken somewhere. Accordingly, the dependence of developers on bank loans will increase. Ultimately, the cost of construction will inevitably increase due to the overstrain of project finance, and in this situation the developer will have to choose between raising prices and reducing their own margins. However, do not forget that the situation in the industry as a whole remains difficult. According to Rosstat, at the end of the II quarter of 2017, 72% of all executives surveyed in the country construction organizations assessed the situation as "satisfactory". Among the main problems, they named a heavy tax burden, low paying capacity of the population, constant changes in the “rules of the game” in the industry. At the same time, let me remind you that at the end of the first half of 2017, the number of inmates of preschool institutions in Russia did not increase, as in 2016, but decreased by 6%. That is, the demand for housing has not yet recovered, therefore, in my opinion, in such a difficult situation, the industry needs to take a "time-out" and refrain from regular revisions of the legislation.

Andrey Kolochinsky Managing Partner of the Group of Companies "VectorStroyFinance"

In general, the direction of the amendments to 214-FZ is clear - the requirements are becoming stricter, the protection of equity holders is increasing. However, there are some amendments that raise many questions. In particular, in the current edition of 214-FZ, the very definition of the developer has received a clearer interpretation, which, however, is not completely clear. In particular, only a legal entity or its subsidiaries that already have construction experience can be considered a developer. apartment buildings at least three years. In fact, new entrants to the market will not be able to appear on the basis of this wording.

The rule “one developer - one building permit” also raises questions, which can lead to higher prices for large projects. Previously, during the multi-stage construction of a large residential complex, the developer could obtain separate permits for each stage. Accordingly, he could attract funds from equity holders and build a schedule for the start of construction and commissioning, taking into account only the financial and economic situation in the project and his business. Now, each line will have to be built and commissioned exclusively at the expense of the current flow of attracted funds. This will force you to break one complex project into several stages, which will have to be built and completed sequentially, and not simultaneously. Accordingly, this will lead to a prolongation of the implementation period. Moreover, each subsequent stage will begin as a new one - again it will be necessary to freeze funds in the authorized capital, postpone at least 10% of the construction cost until the start of sales, etc. Ultimately, this can increase the developer's dependence on long-term money and lead to higher project costs.

Valentina Epifanova Concern YIT, Vice President for legal issues

The first innovations in relation to new projects launched for sale will begin to operate this fall, when the Fund for the Protection of the Rights of Citizens - Participants of Shared Construction will start functioning. Of course, this is an important step in protecting the rights of equity holders, however, contributions to the Fund in the amount of 1.2% of the value of the contract for many developers will be higher (although not significantly) than the current insurance, which will ultimately affect either prices, or the level of developers' marginality.

In general, the "smoothness" of the transition of developers to a new scheme for new projects will largely depend on the organization of work and the establishment of interdepartmental electronic interaction of the Fund, primarily with Rosreestr, over the next three months. As for the amendments, which will come into force on July 1, 2018, they turned out to be a complete surprise for almost all market participants and actually turned 180 degrees the approach to shared construction, which was contained in the previous package of amendments that came into force on January 1, 2017. of the year. For example, if the previous package of amendments was aimed at "consolidating" developers with sufficient capital, then the forthcoming changes actually consolidate the approach when a developer is created for one project within the framework of one building permit and is completely dependent on bank financing.

At the same time, banks are entrusted with a function of control over construction estimates, and the developer, in fact, becomes a "hostage" of the bank, in which he has a single current account. This approach will protect citizens who invest in the construction of a particular house, but will lead to a significant increase in the cost of construction both through bank financing and by increasing the operating costs of developers to maintain the new structure. It is expected that during the first half of the year, most developers will try to launch the maximum number of properties on sale according to the “old” rules.

Alexey Zubik BSA Commercial Director

New amendments to the law on shared construction, adopted since July this year, cannot but affect the real estate market. Requirements for developers are only getting tougher, both financial pressure and state control are growing. On the one hand, new amendments to the law will help secure equity holders, on the other hand, they cannot but affect the price. Of course, there will not be a sharp rise in prices, because now, when the market environment is low, not many developers will go to increase prices.

By 2018, developers are already adapting to the new market rules and with the stabilization of the situation with demand for new buildings, the price per square meter will increase. Of course, when buying a home at the initial stages of construction, the increase in prices will not be conspicuous, but the closer the object comes to the final stage of construction, the more the developer will raise the cost of apartments. A decrease in supply is also expected, but this is more a plus than a minus. There will be more quality projects on the market, and small developer companies will either merge or leave the market.

Olga Pavlova Director of the Sales and Registration Department of the Magistrat company

New amendments to 214-FZ entered into force twice already in this year... The main goal of these innovations is to protect the interests of equity holders by introducing additional requirements for the developer: increasing the size of the authorized capital, liability insurance, escrow accounts, mandatory deduction of 1.2% of funds to the compensation fund, limiting the use of funds received from equity holders (targeted spending provided for law), increasing the transparency of the developer's activities by disclosing information, as a result of which, the requirements for the developer and his activities have become significantly tougher, costs have increased significantly. Also, the bill provides for the issuance of new building permits "one by one", i. E. one permit for one company. Thus, for each new object, a separate legal entity will have to be created, which also carries additional financial costs, since developers rarely conduct one project, as a result of which the growth of the developer's group of persons and an increase in intra-group costs will follow. Strict control is necessary, but against the background of the general economic recession, additional requirements and tightening may force small construction companies to leave the market, and the increase in costs will definitely affect the cost of the square. meter, which will further aggravate a rather difficult situation on the market.

Igor Vasilenko

"I am one of the largest developers in the country, why are you trying to kill me?" - so emotionally commented on the new version of the law on shared construction, the owner of a large development company at a recent meeting in the Ministry of Construction. The amendments were signed by the president in the summer and are due to enter into force on July 1, 2018. And since then, ministry officials have regularly discussed with representatives of the largest construction companies how to smooth out the effect of these changes. If this is not done, the industry will not survive, according to most builders. The main thing is to protect equity holders, and fraudsters and small companies will leave the market, the advocates of the law object. "Vedomosti" figured out what exactly will change and why it confuses the builders.

History of the issue

To solve the problem of defrauded equity holders - people who invested money in construction and did not receive the promised apartment, in 2005 the law “On participation in the shared construction of apartment buildings and other real estate objects” was adopted. He forbade developers to take money for an apartment before obtaining permits for construction; obliged them to register in the contract all the terms and penalties for its failure; register an agreement to exclude double sales.

Developers figured out how to bypass the law, and officials and deputies each time tried to put a barrier in their way. But the changes were cosmetic, and radical measures were required, explains the chairman of the State Duma committee on natural resources, property and land relations Nikolay Nikolaev. "Why do we have a catastrophic number of defrauded citizens?" He asks. There is not enough responsibility of developers, the deputy answers. He says that the State Duma insists on the entry into force of the new amendments six months earlier - not from July 1, but from January 1, 2018.

The number of defrauded equity holders, in the opinion of most of their defenders, is still six-figure. In 2007 in Russia, according to the calculations of the organizing committee of the defrauded co-investors of Moscow and the Moscow region, there were 200,000 of them. In 2017, the working group on the problems of defrauded equity holders at the General Council of the United Russia party counted 122,000 defrauded equity holders. And only the Ministry of Construction and Housing and Communal Services of Russia believe that there are only 86,000 of them in the country now. True, the Ministry of Construction has very strict criteria for determining them. For example, if a person has invested in a house that is being built in violation of land and town planning legislation, then officials will not recognize him as a deceived shareholder. Nevertheless, even with this method, the figure is impressive. Why are there so many?

Unfinished big and small

“All the problems with defrauded equity holders are due to the fact that the companies [because of which they appear] are incomprehensible and small,” said the founder of Mirax Group Sergei Polonsky in 2007 in an interview with Vedomosti. So he, then a respected developer, co-owner and head of one of the most famous development companies in the country, explained why thousands of buyers of new buildings throughout Russia end up without money and housing. But after a few years, he proved, using his own business as an example, that it was not a matter of the size and fame of the company. In June 2013, the bankrupt Polonsky, who was at that time in Cambodia, was accused in absentia of fraud. According to the investigation, just in 2007-2008. Mirax managers concluded inappropriate project documentation preliminary agreements purchase and sale of apartments in the expensive residential complex "Kutuzovskaya Milya", and the proceeds were used to finance other projects. The investigation recognized more than 100 people as injured, estimating the total amount of damage at about 3.2 billion rubles. Polonsky was found guilty of fraud, spent a year and a half in Matrosskaya Tishina, and was released in July 2017.

So far, Polonsky is one of the few examples when the head of a construction company, which did not give an apartment to buyers, went to jail. Top managers of the bankrupt company "SU-155" are also under arrest. In particular, the former general director of SU-155, Alexander Meshcheryakov, is charged with embezzling funds from equity holders who bought apartments in unfinished housing complexes.

Control changes

The authorities solve the problems of equity holders in two ways: they are looking for money to compensate the victims and tighten control over the builders. This week, on October 25, a compensation fund will start working to ensure the obligations of developers under an agreement for participation in shared construction, Deputy Minister of Construction and Housing and Communal Services of Russia Nikita Stasishin told Vedomosti. All developers selling apartments under construction, according to the law, must transfer to this fund 1.2% of the price of each contract for participation in shared construction. The funds of the fund will be directed to the completion of problem houses. Annual contributions to the fund can be about 10 billion rubles, says Alexander Plutnik, director general of the Agency for Housing and Mortgage Lending (AHML), who heads it. The fund, he said, has no plans to collect a certain amount; it must provide financial coverage of the existing risks of shared construction.

Who are the defrauded real estate investors?

The Ministry of Construction recognizes as defrauded equity holders only those participants in shared construction to whom the developer does not fulfill the obligations under the equity participation agreement for more than nine months and does not increase investments in the construction of a house for more than two reporting periods in a row. In addition, the developer does not have a legal successor for the construction of the facility and his obligations to the shareholder are not secured by a bank guarantee or civil liability insurance.
But in some cases, the presence of a contract of equity participation in the construction does not protect the buyer. Shareholders are not recognized as defrauded in the following cases: - in a newly built house, the same premises have been sold several times;
- the house is being built on a plot that is not owned or leased by the developer;
- the house is being built on a site where such construction is not allowed;
- the house is being built in violation of the town planning plan, design requirements, etc.

Buyers of apartments will understand that now they will not lose anything anyway: they will receive either an apartment or money back, says Stasishin. But so that unscrupulous developers would not be tempted to shift responsibility to the state, amendments to the law on shared construction were developed. However, their very adoption came as a surprise to officials.

The State Duma left the government with an agreed version, on which officials, bankers and builders worked, and completely different amendments got into the law, a government official complains. According to him, the amendments were rewritten literally the night before they were considered - they did not even get into electronic system State Duma.

“When we began to consider the bill in the first reading, we found that it risked becoming another cosmetic document. Therefore, a lot of changes were made by the deputy corps to the second reading, ”Nikolayev explains.

One house - one developer

The law introduces the principle of "one developer - one building permit". That is, a separate legal entity must obtain a permit for each house.

In this case, it will be impossible to carry out projects for the integrated development of the territory, the builders believe. Houses in large projects are built in stages. For example, the construction of the Akademichesky district in Yekaterinburg, which provides for the construction of 13 million square meters. m of real estate on 2,500 hectares, should be completed in 2026. Obtaining a permit for the entire area is an almost impossible task. After all, for this you need to immediately design all the buildings (it will cost about 2,000 rubles per 1 sq. M). It will take billions in investment and years of preparation, a major developer explains. Now the pace of design depends on the developer.

It is also important that until now, in large-scale multi-year projects, the developer could change individual objects depending on the market conditions - apartment sizes, number of storeys, etc. After all, it is difficult to calculate the market for 5-10 years, explains Ilshat, President of Granel Group Nigmatullin. The amended law excludes such a possibility.

We start on our own

In accordance with the new law, the developer cannot attract loans and borrowings for the purchase of land and other needs. If he bought land on credit before the law came into force, he will not be able to attract funds from equity holders until the loan is repaid.

In the structure of the prime cost, the costs of the developer for registration of land-legal relations (acquisition of rights to land plots, change of the type of permitted use, site planning, engineering surveys, design, conclusion of technological connection agreements) can reach up to 30% of the total cost of construction, and in Moscow - up to 50%, says one of the developers.

With all this, the new law requires the developer to show money on the account in the amount of 10% of project cost construction. Where can the developer get them from? This 10% is just the maximum possible profit from the previous completed project, says Pavel Bryzgalov, Director for Strategic Development of FGC Leader. But even if the developer received it, the new law prohibits the use of profits to finance construction until the transfer of all apartments in the house to equity holders.

One of the developers fears that unscrupulous buyers will have the opportunity to block the activities of the developer, evading the reception of the apartment, and even lead him to bankruptcy. This will not happen, says Alexander Sidyakin, a State Duma deputy and head of the working group for the protection of the rights of participants in the shared construction of the United Russia party. He promises to make amendments: "While defending the rights of equity holders, one should not indulge the blackmailers who, through a forfeit, paralyze the construction of the entire facility."

Beginners don't have to worry

In accordance with new version of the law, the developer (or an affiliated person) must have at least three years of experience in the construction of apartment buildings with a total area of ​​at least 10,000 sq. m as a developer, technical customer or general contractor. “This rule will restrict market access for new companies, thereby strengthening the positions of large and long-standing development structures,” said Roman Sychev, general director of the construction company Tekta Group. "The restriction will contribute to the creation of partnership schemes, which will be forced to enter new developers." In his opinion, regional centers and small towns, in which they build no more than 5,000-10,000 square meters. m per year, they run the risk of being completely left without new buildings.

Investors will be helped by the land

“The problem is almost 20 years old, and defrauded equity holders continue to appear,” says Tamara Matuzkova, a representative of the initiative group of equity holders in Samara. The new version of the law on shared construction provides for the creation of a compensation fund. This will help protect the rights of new equity holders, but what about the old ones, she asks. After all, the authorities did not offer any recipe for them. The representative of the Ministry of Construction disagrees with this: “All regions with defrauded equity holders have presented to the Ministry of Construction of Russia schedules for completing the construction of problematic facilities, indicating the timing and mechanisms of solution. Every quarter, the Ministry of Construction checks how these schedules are being met, and also helps the regions by providing free land that can be used by developers investing in the completion of problem houses.

The new law prescribes that the developer should not have obligations for loans, borrowings, loans, with the exception of targeted loans related to attracting funds from equity holders. That is, project financing in banks and mortgages. In fact, we are talking about a ban on attracting third-party non-bank financing - through, for example, issuing bonds or promissory notes, the bank will be the only creditor, Sychev said. Such a restriction will increase the dependence of construction companies on banks, Ignakhin said. But it will be difficult to implement the idea. In particular, the bank must have a staff of specialists in construction who can understand the essence of contract agreements and assess the adequacy of prices for services rendered under them, Ignakhin points out. But banks do not have such people and technical resources. “This means that opening“ project ”accounts for the developer, contractor and customer financial institutions they will be reluctant, - says Ignakhin. “In any case, control will result in increased costs for banks, and hence for developers to whom they will provide settlement services.”

The largest banks did not respond to Vedomosti's request for comment on the amendments to the law on shared construction. If it comes into force in this form, the relationship between banks and developers will have to be reviewed, and any changes will take time and effort, that is, there may be surprises for both parties, says one of the bankers.

Where to get money

According to AHML, about 630,000 contracts for participation in shared housing construction were concluded last year, in monetary terms - 1.8 trillion rubles. If the law remains unchanged, the developer will need their own funds in the amount of 40% of the total cost of construction, a major developer said. How much he values minimum costs for the acquisition of land, obtaining a building permit plus 10% of the construction cost reserved by law. These funds should actually be frozen until the transfer of the last apartment to the buyers, emphasizes the source of Vedomosti.

A one-time withdrawal from developers of all the profits received from previous projects will lead to a lack of funds for the purchase of new sites and the development of urban planning documentation, Bryzgalov believes. And this means a complete withdrawal from the housing construction market of small companies. On the market of Moscow and the Moscow region, these are companies with an annual turnover of less than 10 billion rubles. - since here only the cost of buying a new site is at least 1 billion rubles, Bryzgalov believes.

“Shareholders will undoubtedly be protected from unfinished construction and non-return of funds. But taking such drastic measures can significantly increase the cost of housing, since, on the one hand, investment protection is growing and this stimulates demand for primary housing. On the other hand, this leads to a rise in the cost of raising funds for construction and a reduction in the number of market participants in the market as a whole. Standard will work market mechanism: less risk - less difference in price between the object under construction and the constructed object ", - one of the major developers admits.

What will the law help

Among the builders, there are also supporters of the law. “The novels are aimed at increasing transparency and responsibility in the construction market. The risk of toxic developers, created as a pyramid, is reduced, when by attracting money from one project, obligations on other projects are actually closed, ”comments Nikolai Bulychev from MR Group. Large developers, in his opinion, should not experience difficulties, but developers, for whom construction was not a core activity, will be forced to seek partnerships with established developers. And since there are no prerequisites for growth market prices, the profitability of the construction market as a whole will decline, Bulychev predicts.

“First of all, we care about the safety of raising funds from equity holders,” says Stasishin. “Developers fear that everything will collapse. Nothing of the kind, ”Nikolayev is sure. Developers, according to him, are now, in fact, financial structures - during the period of the law on shared construction, they attracted 3.3 trillion rubles, which were not subject to financial supervision. “Citizens have about 20 trillion rubles in their hands today. But they will think 10 times to buy an apartment from a developer under a shared construction agreement, ”says Nikolaev. In his opinion, after the introduction of new requirements, citizens' confidence in the industry will gradually be restored. “The new amendments are not tough enough. We are now working on a bill that will introduce subsidiary liability of the beneficiaries of the developer companies, ”he promises. According to expert estimates, out of the total volume of projects launched in 2013–2014, about 7% passed into the category of problematic ones - we are talking about hundreds of houses, says a representative of AHML. According to him, changes in the law will fully ensure financial sustainability and transparency of developers, control over the targeted use of funds of participants in shared construction, and most importantly, they will exclude obviously insolvent or unscrupulous companies from the guarantee system. Their losses or embezzlement will not be passed on to the industry, but ultimately to the buyer, sums up a person close to the government.

Now share construction is gaining its popularity, and this article describes what you need to know about this in 2020 in order not to make a mistake and do everything right. Such popularity is due to the fact that shared construction allows people to purchase new housing at very competitive prices, which, of course, is a huge plus. However, in any case, you first need to understand all important nuances... It is worth noting that practically nothing has changed in this matter since 2020. The same conditions have been in place for many years.

First of all, it is worth understanding why many Russian citizens prefer to invest in shared construction:

• Apartments in new buildings are often much cheaper than in the secondary market. It turns out that you can buy your new home very profitably.
• You don't need to cook the entire amount at once. You can pay for the apartment all the time while the building is in progress.
• You can choose in advance a layout that will completely suit you. This will help you save money on repairs in the future. Of course, you need to take into account that various technical requirements are set for the layout, which must be observed.

As a result, it turns out that the construction of a new house is carried out at the expense of buyers. This option will be beneficial to both developers and apartment owners. It should be borne in mind that all points are governed by Russian law. You should know that the developer is responsible to all of its equity holders.

How is equity participation

If you decide to become a real estate owner, then you need to know about all the nuances. In shared construction, there are many points to consider. In order to build a house, the developer attracts funds from individuals or legal entities who, in turn, are interested in this construction. Thus, it turns out that ordinary citizens who want to buy an apartment at the stage of building a house, or companies that buy several apartments at once, can become equity holders. The developer and owner himself land plot are also participants in shared construction.

The equity participation procedure has several stages:

1. To start a company, you need to obtain a building permit. Without this document, she cannot start building a house, as this would be a violation Russian legislation.
2. After this permission is obtained, the project declaration is published.
3. Further, equity holders are attracted who are interested in the construction of this house.
4. The equity participation agreement must be registered with Rosreestr.

A house building permit can be obtained from your local government. To obtain such a document, you will need to provide a project that meets all technical standards. Usually, there are no problems with obtaining paper, especially if the developer has been on the market for several years.

The project declaration is the document that will provide all the necessary information about the construction plan and directly about the developer himself. This paper must be published in the media or on the Internet so that everyone can familiarize themselves with it. This must be done two weeks before the developer begins to sign the first equity participation agreements. According to Russian law, the developer may not publish such information, but will have to provide it to everyone who needs it, which will significantly complicate the process.

Attracting equity holders is looking for people who are interested in investing in the future of construction. At the same time, there should be no violations of Russian legislation. However, even this is not enough; in addition, contracts are concluded in which all the necessary conditions are prescribed.

Difference from investing

Many people who decide to become equity holders think that investing in construction is an investment. However, investment and equity construction are different things, and this must be taken into account. First of all, these two concepts are regulated by different legal acts - investment by the Civil Code, and shared construction - by the Federal Law on Shared Construction (FZ). There are also other differences here:

• Shared construction is aimed at ensuring that equity holders receive ownership of apartments. Investing is an opportunity for further profit.
• Investments can be not only cash, but also, for example, securities. In the case of shared construction, only funds are accepted.
• Shared construction requires mandatory state registration. The investment is already different.
• Risks can be imposed on investors or the developer.
• In the case of investments, the contract is mandatory. In the case of shared construction, only in situations where the developer fulfills all his obligations.

It turns out that the shareholder is not an investor, and completely different interaction schemes work here. A shareholder is an ordinary owner who has decided to invest in housing at the stage of its construction. Absolutely everyone can participate in shared construction.

Contract

Before becoming a shareholder, you need to figure out how to properly draw up certain documents. This will allow you to avoid serious mistakes and do everything as correctly as possible. A shared construction agreement is an agreement in which the developer undertakes to complete the building, put it into operation and, in principle, fulfill all its obligations to the equity holders. The contract must contain the following mandatory clauses, without which it will not be considered concluded:

• The most accurate and detailed information about the construction object must be prescribed.
• The rights and obligations of both parties - the developer and equity holders - are spelled out.
• The exact dates should be indicated when the apartments will be transferred to the equity holders.
• The document also specifies what the price will be for the apartment. The conditions are also prescribed there, how exactly the amount should be paid - immediately or in installments in installments.
• The warranty period is indicated. Most often, it is equal to three years.
• The way in which the fulfillment of duties will be ensured is prescribed - a pledge, an insurance contract. Insurance is a very good way to protect yourself.

If at least one of the points is missing, then the contract is invalidated.

Shareholders' rights and obligations

Do not forget that not only the developer, but also the equity holders have their responsibilities. The responsibilities of equity holders include:

• Payment of the established amount within the time frame specified in the contract.
• Acceptance of an apartment within the time frame that is also spelled out in the contract.
• Payment of penalties that are established at the legislative level.

Of course, the shareholder has his own rights, which you should know about, so that you can demand something from the developer if he breaks the law. Fundamental rights include the following points:

• A shareholder may require the developer to register a shared construction agreement.
• You have every right to demand from the developer all the documents you are interested in - a project, a building permit, etc. The developer cannot hide these documents from you, as this is a violation of Russian law.
• You have the right to demand from the developer that he give you the apartment within the time period specified in the contract. Of course, this only works if you have fulfilled your obligations and paid for the apartment in full.
• You can demand payment of a forfeit if the developer rented out the apartment later than the deadline.
• Elimination of deficiencies is carried out at the expense of the developer within the established warranty period.

What is required from the developer

You should know not so much about your rights and obligations, but also about the obligations of the developer. It is best to study all these points in advance, then you will not get into unpleasant situations. The rights of the developer include the following points:

• The developer has every right to attract funds from equity holders for the construction apartment building.
• The developer can demand payment for his work. Moreover, if the shareholder does not make payments on time, then he may be charged a penalty. Such actions are not a violation of Russian law.
• Perhaps judgment a question if it is impossible to act otherwise.

Do not forget that the developer also has a lot of responsibilities:

• The funds raised must be used strictly for their intended purpose, namely, for the construction of a house.
• The contract must be registered.
• The object must be delivered within the time period specified in the contract.
• Payment of penalties if the terms of the contract have been violated.
• Setting the warranty period.
• Full refund if the contract is terminated for any reason.

It is also important to know about the requirements for the authorized capital of the developer. It must be at least 2.5 million rubles.

Thus, you may notice that equity holders are protected from unscrupulous developers who do not finish the construction of residential buildings. Of course, in any case, you can lose your time if you start working with a non-obligatory company.

Do not forget that you still have to register the apartment in the ownership of the DDU in the future. Here you should not have any problems, since the most common package of documents is being prepared - the contract itself, the act of transferring the apartment, a certificate confirming the payment of the state fee, a passport, technical documentation to the apartment.

No amendments were made to the bill on shared construction in 2020. If you have already signed an agreement, then the changes in the law will not affect you, so you have nothing to worry about.

I told reporters about the president's instruction to work out the possibility of transition through banking support from equity construction to project financing. He did not talk about any specific dates.

The minister spoke about the need to abandon shared construction back in the summer. “Of course, we should strive to one day get away from shared construction, go to banking support, but this is not today or tomorrow, while our task is to maximally protect people who participate in shared construction,” Men said.

Developers still use loans for the most part to implement their projects, market participants comment. But equity holders' funds are much cheaper for them.

“The question here is not about the mechanism of project financing itself, but about the size of the rate at which banks lend to developers. Bank funds for developers today are a much more expensive resource than the money of equity holders, ”said the general director of the Ingrad development company.

There are players on the market who are building housing without attracting bank financing, but they are in the minority, says the financial director of the City-XXI century development group. These are either the largest companies, or companies affiliated with banking or government structures, or companies that carefully calculate the level of credit burden and build mainly with their own funds.

Today, only a quarter of developers build at their own expense, according to the Granel Group of Companies. They also add that a full transition to project financing can lead to the fact that at the regional level, up to 90% of developers can leave the market.

“The cost of construction in the regions is about 25 thousand rubles. per sq. m. Sales on average - 35 thousand rubles. per sq. m. These conditions are financially burdensome for the regions and business becomes unprofitable, ”the company says.

If we take into account the amendments to the law on shared construction, then only financially stable companies will remain on the market, which profit not only from development, since the profitability of this business is decreasing more and more every year, adds Andrey Tsvet, Development Director of Granel Group ...

We are talking about amendments to the law on shared construction, which will come into force on July 1, 2018. They impose a ban on obtaining several building permits at once, oblige the general contractor, technical customer and developer to have an account with one bank and make settlements with each other using escrow accounts.

“After tough requirements are applied to developers, we can talk about other adjustments - the structure of the development market will change, from which small players who are“ too tough ”with the new rules of the game will leave. At the same time, if it is possible to predict a change in the structure of the industry and the consolidation of companies, then it is too early to talk about a decrease in the volume of supply, ”he said. Head of relations with key partners Est-a-Tet.

Recall that last year the requirements for minimum size authorized capital for developers who attract funds from the population. The amount of the authorized capital is calculated individually for each developer, depending on the maximum area of ​​all shared construction objects.

The minimum size is 2.5 million rubles, with plans to build 1.5 thousand square meters. At the same time, if the developer is going to build 500 thousand square meters with the involvement of citizens' funds, then its authorized capital must be at least 1.5 billion rubles.

In addition, this summer, the President signed into law the Fund for the Protection of the Rights of Shareholders (Compensation Fund), which establishes flat rate developer's contribution - 1.2% of the price of each contract with a shareholder. At the same time, the size of the developer's own funds for the project, which is planned for implementation, must be at least 10% of its cost throughout the entire construction period.

If the new initiative of the president is implemented, the scheme, in fact, will hardly change, since the bank finances the construction, Sobolev noted. However, the period of time for using bank money is changing.

“The bank will lend money for a longer period - the so-called“ long-term money ”. To receive funds from buyers, developers will first have to build the facility. In fact, we are talking about the sale of apartments according to the same scheme according to which secondary housing is being sold now, ”the expert said.

He is confident that we can expect a reduction in the number of companies and further monopolization of the market. In this case, an increase in the cost per square meter and an increase in apartment prices due to a decrease in competition are inevitable.

Other market participants are also sure that the cost of housing will rise. Project financing is allocated at 13-20% per annum, which, taking into account the duration of the projects, gives from 20% to 60% of the overpayment on the loan. These amounts will undoubtedly affect the price per square meter, which will become much more expensive than now, says the managing partner of Metrium Group.

“For project financing to work, the loan must be cheap and long-term, but in Russia today there is an acute shortage of just such investments. And in conditions of the high cost of capital, the need to accelerate its payback increases, so it is unprofitable for neither developers nor banks to get involved in long and expensive projects, ”she believes.

According to her, macroeconomic stability and predictability are extremely important for long-term investments, primarily in the foreign exchange market. It also does not exist today, and the lack of guarantees that the 2014 devaluation will not happen again is the main obstacle to the implementation of project financing.

With full project financing, there is no need to sell apartments under a preschool education institution, so only newly commissioned new buildings will appear on the market. They will, of course, be more expensive than those sold at the excavation stage.

“At the current stage, the transition to project financing should not be perceived as a prospect for the near future. The market will only be influenced when we see concrete steps to create conditions for the development of this construction financing scheme. Now it successfully coexists with attracting funds from equity holders and, in my opinion, the situation will not change in the next 5-10 years, ”the expert noted.

Pavel Poselyonov also believes that it will not be possible to completely switch to project financing in a short time, we can talk about five years or more.

Meanwhile, the problem of defrauded equity holders in Russia is acute. The president has addressed her more than once in his statements. Today the regions provided road maps about solving the problems of almost 40 thousand deceived citizens.

But according to a number of deputies, the problem is much larger, and we are talking about 150 thousand people who invested in the construction of houses and did not receive housing.

Mikhail Men speaks about the lack of proper control over shared construction in the regions. He also notes that it is planned to establish a unified procedure for exercising control in the field of shared construction in all constituent entities of the country and entrust the powers of control to the state construction supervision bodies of the constituent entities of the Russian Federation.

"This will ensure simultaneous control of the timing and quality of construction and control of the targeted use of equity holders' funds," the minister said in the materials of the department.

The information portal "Unified Register of Developers" posted a publication on its website that lists the provisions of 214-FZ1 adopted by the legislator, other federal laws in terms of shared construction, which have not entered into force on the date of publication of the publication, as well as the provisions of bill No. 322981-7, aimed at fulfilling the instructions of the President of the Russian Federation Vladimir Putin dated November 5, 2017 on reforming the financing system housing construction.

I. PROVISIONS 304-FZ

Topic 1. Method of sending the project declaration to the supervisory authority
The essence of the norm:
The developer is obliged to send the project declaration to the supervisory authority by filling out the electronic project declaration form on the website determined by the Ministry of Construction of Russia (part 2 of Article 19 214-FZ).
Changes to the project declaration are sent by the developer to the supervisory authority by filling out an electronic project declaration form with the changes made on the website determined by the Ministry of Construction of Russia (part 6 of article 19 214-FZ).
Effective date: defined by part 5 of article 6 304-FZ. It comes into force from the date of providing the technical possibility of filling out the electronic form of the project declaration on the website determined by the Ministry of Construction of Russia.
A comment
The developer's obligation to use the electronic form of the project declaration for its submission to the supervisory authority arises after the fulfillment of two conditions in the aggregate:
1) The Ministry of Construction of Russia must issue a regulatory legal act that determines the site on which the developer must fill out an electronic form of the project declaration for its submission to the supervisory authority (part 2 of Article 19 214-FZ);
2) The Ministry of Construction of Russia or the owner of the relevant website must notify the developers and regulatory authorities of the date of the technical feasibility of sending the project declaration to the regulatory authority by filling out an electronic form (part 5 of Article 6 304-FZ).
It should be noted that the technical feasibility must ensure the development of three scenarios:
1) the primary direction of the project declaration;
2) direction of changes to the project declaration, originally filled out in the form established by the order of the Ministry of Construction of Russia dated December 20, 2016 No. 996 / pr "On approval of the project declaration form";
3) the direction of changes to the project declaration, initially filled out in any form, i.e. completed and published before the requirements for the project declaration form are established.
Consequences of non-compliance
Project declarations sent to the supervisory authority in paper form after it becomes technically possible to send the project declaration to the supervisory authority by filling out an electronic form will not be considered sent to the supervisory authority. The supervisory authority will not issue an opinion on such project declarations.

Topic 2. Requirements for persons participating in the management of the developer's activities
The essence of the norm:
The manager, chief accountant, candidates for these positions, beneficiaries cannot:
have certain types of convictions (clause 1 of part 3 of article 3.2 214-FZ);
have not expired date administrative punishment in the form of disqualification (clause 2 of part 3 of article 3.2 of 214-FZ);
be earlier (less than three years ago) brought to subsidiary liability for the obligations of a legal entity (clause 3 of part 3 of article 3.2 of 214-FZ);
perform earlier (less than three years ago) the functions of the sole executive body of a legal entity declared insolvent (bankrupt) (paragraph 4 of part 3 of article 3.2 214-FZ);
be earlier (less than three years ago) the beneficiary of a legal entity declared insolvent (bankrupt) (paragraph 5 of part 3 of article 3.2 of 214-FZ).
Effective date

A comment
The developer is obliged to notify the supervisory authority about the compliance of the developer's beneficiaries with the requirements imposed on them when sending the project declaration (part 2 of Article 19 214-FZ).
The developer must indicate the compliance of the head of the developer, the chief accountant and the beneficiaries with the requirements imposed on them in the project declaration, if the project declaration is filled in in respect of the object, the construction permit for which was issued on July 1, 2018 or later (clause 8 of part 2 of article 3, clause 7 of part 1 of article 20 214-FZ, part 3 of article 25 218-FZ).

In accordance with clause 8 of part 2 of article 3 214-FZ, the discrepancy between these persons of the developer and the requirements imposed on them means that the developer does not have the right to raise funds from equity holders. However, this provision, in accordance with part 3 of Article 25 218-FZ, does not apply if the building permit is received before July 1, 2018.
Topic 3. The obligation of the developer to notify the supervisory authority about changes in the composition of persons involved in the management of the developer's activities
The essence of the norm:
The developer is obliged to notify the supervisory authority no later than 3 working days (part 2 of Article 3.2 214-FZ):
on the termination of the powers of the head of the developer;
on the election (appointment) of a new head of the developer;
on the formation of a temporary sole executive body.
Simultaneously with the notification, the developer is obliged to submit to the supervisory authority information on the compliance of these persons with the requirements of Part 3 of Article 3.2 of 214-FZ.
Effective date: defined by part 4 of article 25 218-FZ.

Consequences of non-compliance
Not installed.
Part 3 of Article 14.28 of the Code of Administrative Offenses provides for the administrative responsibility of the developer for the developer's failure to submit reports to the supervisory authority. Notifications are not a type of reporting.

Topic 4. The obligation of developers to post information in the United information system housing construction (EISHS)
The essence of the norm:
Developers are obliged to post in the EIML the same information that they are obliged to post on their official website (part 4 of article 23.3 214-FZ):
audit report for the last year of implementation by the developer entrepreneurial activity(Clause 2 of Part 2 of Article 3.1 214-FZ);
permits for the commissioning of capital construction projects issued to the developer in relation to capital construction projects, in the construction of which the developer participated in the three years preceding the publication of the project declaration (clause 1 of part 2 of article 3.1 of 214-FZ);
information about apartment buildings and (or) other real estate objects, the construction (creation) of which is carried out by the developer with the involvement of funds from participants in shared construction:
1) a building permit (clause 2 of part 2 of article 3.1 of 214-FZ);
2) the conclusion of the examination of project documentation, if such an examination is established by federal law (clause 2 of part 2 of article 3.1 of 214-FZ);
3) documents confirming the developer's rights to the land plot (clause 2 of part 2 of article 3.1 of 214-FZ);
4) project declaration (clause 3 of part 2 of article 3.1 214-FZ);
5) the conclusion of the supervisory authority 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 (clause 4 of part 2 of Article 3.1 214-FZ);
6) information on the payment by the developer of mandatory deductions (contributions) to the compensation fund, if such deductions were made (clause 6 of part 2 of Article 3.1 214-FZ);
7) information on the conditions for attracting funds from participants in shared construction under an agreement for participation in shared construction in accordance with the requirements of Articles 15.4 and 15.5 Federal law 214-ФЗ, if the developer has chosen the method of attracting funds from participants in shared construction - escrow accounts (clause 6 of part 2 of article 3.1 214-ФЗ);
8) projects (draft) of contracts for participation in shared construction used by the developer to attract funds from participants in shared construction for the construction (creation) of an apartment building and (or) other real estate objects (paragraph 5 of part 2 of Article 3.1 214-FZ);
9) agreements of surety with the developer, concluded by the developer in accordance with Article 15.3 of Federal Law N 214-FZ, if such agreements are concluded (clause 7 of Part 2 of Article 3.1 214-FZ);
10) photographs of those under construction (created) by the developer with the attraction of funds from participants in the shared construction of an apartment building and (or) other real estate object, reflecting the current state of their construction (creation) (paragraph 8 of part 2 of Article 3.1 214-FZ).
Effective date
A comment
The procedure, composition, methods, timing and frequency of information placement by developers in the unified information system of housing construction is determined by the Ministry of Construction of Russia (clause 3.3 of part 3 of article 23 214-FZ).
Consequences of non-compliance
For failure to fulfill this obligation, it is possible to bring the developer to administrative responsibility:
under article 14.8 of the Administrative Code for violation of the consumer's right to receive the necessary and reliable information about the goods (work, service) being sold, about the manufacturer, about the seller, about the performer and about their mode of operation;
according to article 14.28 of the Administrative Code for the provision by the developer of incomplete and (or) inaccurate information, the publication, placement or provision of which is stipulated by the legislation on participation in the shared construction of apartment buildings and (or) other real estate objects, as well as violation of the terms of publication and (or) placement of the project declaration or changes made to it.

Topic 5. The duty of regulatory authorities to post information in the EISL
The essence of the norm:
Supervisory authorities are obliged to post in the EISZhS information about (part 5 of article 23.3 214-FZ):
persons of the controlling body authorized to exercise control;
issued conclusions of conformity, or a reasoned refusal to issue such conclusions;
inspections of the developer's activities;
instructions to the developer;
decisions that have entered into legal force on bringing the developer and his officials to administrative responsibility.
Effective date: defined by part 6 of article 25 218-FZ.
Consequences of non-compliance
Not installed
Topic 6. Bankruptcy of the developer(changes made to 127-FZ)
The essence of the rules:
additional requirements for bankruptcy commissioners (parts 2.1-2.3, 2.5 of article 201.1 127-FZ);
the obligation of the developer to notify equity holders in writing about bankruptcy when (part 7 of Article 201.1 127-FZ):
1) the conclusion of the DDU;
2) acceptance of funds for previously concluded preschool educational institutions;
inclusion in the register of creditors' claims is carried out by the bankruptcy commissioner (until 01.01.2018 - the Arbitration Court) (Article 201.4 127-FZ);
a ban on termination by the lessor of the land lease agreement with the developer (part 1 of article 201.3 127-FZ);
priority for a shareholder under 214-FZ, if there are requirements of several shareholders in relation to one residential premises (part 8.1 of Article 201.11 127-FZ);
the possibility of holding a meeting of equity holders in the form of absentee voting - if there are more than 500 of them (Article 201.12 127-FZ);
a ban on the inclusion of legal entities in the register of requirements for the transfer of residential premises (part 1 of article 201.12-1 127-FZ);
prohibition of the application of the procedures "observation", "financial recovery" (part 2.7 of article 201.1 127-FZ);
regulation of the Fund's issues:
1) the Fund that made the payment transfers the right of claim under the DDU (part 6 of Article 201.12-1 127-FZ);
2) challenging by the Fund the transactions of the developer who made contributions to the Fund (part 3.1 of Article 201.1 127-FZ);
3) the possibility of the Fund initiating bankruptcy proceedings for the developer who made contributions to the Fund (part 2.6 of Article 201.1 127-FZ).
issues of repayment of claims of equity holders by transferring the rights of the developer to the object of construction in progress and the land plot to the established housing cooperative (part 3 of article 201.12-1 127-FZ).
Effective date: defined by part 2 of article 25 218-FZ. In accordance with part 13 of article 25 of 218-FZ, the new provisions of 127-FZ apply to bankruptcy cases of developers, proceedings on which were initiated after January 1, 2018

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

Effective date: defined by part 3 of article 25 218-FZ.
Consequences of non-compliance
Not installed.
The law does not contain provisions that in case of violation of these requirements, the supervisory authority refuses to issue a conclusion on compliance (part 2.2 of Article 19 214-FZ), or that a developer who violates these requirements does not have the right to attract funds from participants in shared construction ( article 3 214-FZ). At the same time, according to the first paragraph of Part 2 of Article 3 214-FZ, the developer has the right to raise funds from participants in shared construction for the construction (creation) of an apartment building on the basis of an agreement for participation in shared construction. An organization that does not meet these requirements is not a developer. Based on the totality of the rules, it can be concluded that an organization that does not meet these requirements is not entitled to raise funds from participants in shared construction.
Topic 8. Additional requirements that developers must fulfill in order to acquire the right to raise funds from participants in shared construction
The essence of the rules:
Requirements are established:
one developer - 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-FZ);
to the amount of own funds instead of the requirements for the authorized capital (clause 1.1 of part 2 of article 3 214-FZ);
to the minimum amount of funds in the current account (clause 1.2 of part 2 of article 3 214-FZ);
to the maximum amount of the developer's obligations not related to a building permit (clause 1.5 of part 2 of article 3 214-FZ).
Prohibitions are introduced:
for the presence of tax arrears in any amount (clause 7 of part 2 of article 3 214-FZ);
for the presence of obligations for loans, borrowings, loans, with the exception of targeted loans for construction (clause 1.3 of part 2 of article 3 214-FZ);
for the issue of bonds and other valuable papers, except for shares (clause 1.4 of part 2 of article 3 214-FZ);
for the presence of obligations to ensure the fulfillment of obligations of third parties, as well as own obligations not related to construction (clauses 1.6, 1.7 of part 2 of article 3 of 214-FZ)
The scope of the requirements is expanding in the case of raising funds from participants in shared construction - legal entities.

A comment
The requirement for the presence in all cases of a positive conclusion of the examination of project documentation conflicts with the provisions of Part 2 of Article 49 Urban Development Code determining the cases when the examination of project documentation is not carried out. Clarifications are awaiting on this issue.

Consequences of non-compliance
Failure to comply with these requirements is the basis for refusal to issue an opinion of the supervisory authority (part 2.2 of Article 19 214-FZ), with the exception of the requirement “one developer - one building permit”. Violation of this requirement is not included in the grounds for refusal to issue an opinion of the supervisory authority.
Developers who do not meet any of these requirements have no right to attract funds from citizens - participants in shared construction for the construction (creation) of apartment buildings (parts 1.1 and 2.2 of article 3 214-FZ).
Establishment by the supervisory authority of the fact that the developer does not comply with the specified requirements, with the exception of the requirement "one developer - one building permit", entails the obligation of the supervisory authority to send a notification to Rosreestr that the developer does not have the right to attract funds from citizens - participants in shared construction (part 2.5 of Article 3 214- FZ). Upon receipt of the notification, Rosreestr is obliged to suspend the registration of the DDU (clause 55 of part 1 of article 26 of the Federal Law dated July 13, 2015 No. 218-FZ "On state registration of real estate") and notify all participants in shared construction that the developer is deprived of the right to attract funds from citizens ( Part 7 of Article 48 of the Federal Law of 13.07.2015 No. 218-FZ "On State Registration of Real Estate").
For illegal attraction of funds from citizens in violation of the legislation on shared construction, criminal liability is provided in accordance with Article 200.3 of the Criminal Code of the Russian Federation.
Topic 9. Changes in the targeted use of equity holders' funds
The essence of the rules:
Limit sizes are set:
administrative expenses8 of the developer (clause 20 of part 1 of article 18 214-FZ);
advance payments (part 4 of article 18 214-FZ);
A ban is introduced on:
carrying out other types of activities (part 6 of article 18 214-FZ);
attraction of loans, borrowings, loans, except for targeted loans for construction (paragraph 1 of part 7 of article 18 214-FZ);
issue of securities, except for shares (clause 4 of part 7 of article 18 214-FZ);
purchase of securities (clause 6 of part 7 of article 18 214-FZ);
making transactions not related to construction (clause 8 of part 7 of article 18 214-FZ);
creation of legal entities, participation in authorized capital business entities (clause 7 of part 7 of article 18 214-FZ);
participation in the property of commercial and non-profit organizations(Clause 7 of Part 7 of Article 18 214-FZ).

Expenditure of equity holders' funds:
it is prohibited to reimburse costs for (part 1 of article 18 214-FZ):

2) design;
3) engineering surveys;
4) expertise;
allowed for:
1) payment for services authorized bank(Clause 13 of Part 1 of Article 18 214-FZ);
2) payment of taxes, including fines, penalties, administrative fines (clause 14 of part 1 of Article 18 214-FZ);
3) payment of mandatory contributions (contributions) to the compensation fund (clause 15 of part 1 of article 18 214-FZ);
4) return to the participant of shared construction of funds, interest on this amount (clause 16 of part 1 of article 18 214-FZ);
5) wages (clause 17 of part 1 of article 18 214-FZ);
6) payment for the services of an organization performing the functions of the developer's executive body (clause 18 of part 1 of article 18 214-FZ);
7) cash payments related to the provision of guarantees and compensations to employees (clause 19 of part 1 of article 18 214-FZ);
8) payment of administrative expenses (clause 20 of part 1 of article 18 214-FZ).
The boiler principle of using equity holders' funds in the construction of several objects is allowed only within the framework of one building permit instead of the boundaries of an element of the planning structure of a quarter, a microdistrict (paragraph 1 of part 1 of Article 18 214-FZ).

Consequences of non-compliance
Special administrative and (or) criminal liability for violation of the rules on the targeted use of equity holders' funds has not been established.
Transactions made in violation of the requirement for the targeted use of equity holders' funds may be invalidated by claims (part 9 of Article 18 214-FZ):
1) the developer;
2) the founders of the developer;
3) the developer's creditors;
4) a supervisory authority;
5) a fund for the protection of equity holders.
Banking control introduced. If inappropriate payments are detected, the authorized bank informs the supervisory authority and the Fund for the Protection of Shareholders (part 3 of Article 18.2 214-FZ).
Topic 10. Banking support
The essence of the rules:
The concept of "authorized bank" is introduced - a bank that meets the criteria established by the Government of the Russian Federation. The Bank of Russia monthly publishes a list of authorized banks on its official website in the Internet information and telecommunications network (clause 3 of Article 2 214-FZ).
The accounts of the developer, technical customer and general contractor must be opened in one authorized bank (part 2.3 of article 3 214-FZ).
The developer is prohibited from having more than one current account (part 2.3 of article 3 214-FZ).
For each payment of the developer, special bank control is carried out (part 2 of article 18.2 214-FZ).
The remaining funds after the completion of the project, the developer can use at his own discretion only after fulfilling the obligations to transfer apartments to all participants in shared construction (part 8 of Article 18 214-FZ).

Consequences of non-compliance
There is no special administrative and (or) criminal liability for violation of the norms on the number and location of the developer's accounts. It is assumed that the authorized bank will take some measures in identifying payments to the general contractor or technical customer to an account with another bank. However, the law does not contain provisions obliging the bank to refuse to make payments to such accounts or to notify the regulatory authorities and the Fund for the Protection of Shareholders of such cases.
It is assumed that banks that do not have the status of "authorized bank" will not open accounts of an organization if its name uses the words "specialized developer". However, the law does not contain a direct prohibition for such banks to open accounts for specialized developers.
The law does not contain the obligation of the authorized bank to refuse the developer to make a payment if the supporting documents are not presented, or the payment does not comply with the established restrictions on the intended use.
Topic 11. Obligations of the developer to post additional information on the website and in the UHML
The essence of the rules:
The developer is obliged to post on the website annual accounting (financial) statements and interim accounting (financial) statements (clause 7 of part 2 of article 3.1 of 214-FZ).
The developer is obliged to place the same information in the EHIS (part 4 of article 23.3 214-FZ).
Consequences of non-compliance
Indicated in topic number 4.
Topic 12. Obligations of the developer to place additional information in the project declaration
The essence of the rules:
In the project declaration, the developer must additionally indicate:
information on the construction projects of the main and subsidiary companies put into operation during the previous three years (clause 4 of part 1 of article 20 214-FZ);
information on the compliance of the persons participating in the management of the developer with the established requirements (clause 7 of part 1 of article 20 214-FZ).