On Participation In Share Participation Construction Of Apartment Buildings And Other Real Estate And On Amendments To Certain Legislative Acts Of The Russian Federation

Original Language Title: Об участии в долевом строительстве многоквартирных домов и иных объектов недвижимости и о внесении изменений в некоторые законодательные акты Российской Федерации

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RUSSIAN FEDERATION FEDERAL law on participation in share participation construction of apartment buildings and other real estate and on amendments to certain legislative acts of the Russian Federation Adopted by the State Duma of December 22, 2004 the year approved by the Federation Council December 24, 2004 year (as amended by the federal laws on 18.07.2006. N 111-FZ;
from 16.10.2006 N 160-FZ; from 23.07.2008 N 160-FZ;
from 17.07.2009 N 147-FZ; from 17.06.2010 N 119-FZ;
from 01.11.2011 N 337-FZ; from 30/11/2011 N 362-FZ;
from 10 N 118-FZ; from 30.12.2012 N 294-FZ;
from 30.12.2012 N 318-FZ; from arrival N 241-FZ;
from 28.12.2013 N 414-FZ; from 23.06.2014 N 171-FZ;
from 21.07.2014 N 224-FZ; from 13.07.2015 N 236-FZ), Article 1. Subject of this federal law 1. This federal law regulates relations connected with attraction of funds of individuals and legal entities for multi-family housing and (or) other real estate (hereinafter referred to as the participants share construction) and the emergence of the participants shared construction of ownership on share construction objects and common partial property right to the common property in apartment building and (or) other property, but also establishes safeguards for the protection of the rights legitimate interests and property of participants shared construction. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ)
2. Raising funds of citizens associated with emerging citizens ' right of ownership to the living quarters in tenement-houses, which, at the moment of attracting such funds of citizens is not put into operation in accordance with the legislation of urban planning (further raising funds from citizens building), is permitted only: 1) on the basis of the contract of participation in share participation construction;
2) through the issuance of an issuer with a property or tenant right, the right to sublease the land and received in the prescribed manner a building permit for this multi-family land, a special kind of bond-housing certificates recognizing the right of their owners to receive from the issuer of residential premises in accordance with the legislation of the Russian Federation on securities;
3) housing construction and housing cooperatives for savings in accordance with the federal laws governing the activities of cooperatives.
(The part in edition of the Federal law on 17.06.2010 N 119-FZ) 2-1. Are prohibited from raising funds for the construction of citizens in violation of the requirements established by part 2 of this article. The deal to raise funds for the construction of citizens, done in violation of the requirements established by part 2 of this article may only be nullified by a court on suit of citizen, entered into such a transaction. (Part is supplemented by federal law from 17.06.2010 N 119-FZ) 2-2. Person, attracting funds for the construction of citizens in violation of the requirements established by this article shall bear responsibility in accordance with the legislation of the Russian Federation on administrative offences. (Part is supplemented by federal law from 17.06.2010 N 119-FZ)

3. The effect of this federal law shall not apply to the relationship of legal entities and (or) individual entrepreneurs associated with investment activities on building (creation) of real estate (including apartment buildings) and not based on the contract of participation in share participation construction. These relations are governed by the Civil Code of the Russian Federation and the Russian Federation Law on investment activity. Transfer of citizens rights by assignment of a claim under the treaties concluded by the legal entities and (or) individual entrepreneurs and related to investment activities on building (creation) of houses and after which citizens have right of ownership arises on the premises in the building (created) a tenement house shall not be permitted. (Part is supplemented by federal law from 18.07.2006. N 111-FZ), Article 2. The basic concepts used in the present Federal law for the purposes of this federal law uses the following concepts: 1) developer-legal entity, irrespective of its legal form, which has owned or tenant right, the right to sublease or in prescribed by the Federal law dated July 24, 2008 year N 161-FZ "on the promotion of housing construction" (hereinafter-the Federal Act on the promotion of housing construction ") paragraph 2, subparagraph 15, article 39-10 of the land code of the Russian Federation on the right grant > use land and attracts funds of participants shared construction in accordance with this federal law for construction (creation) in this land of apartment houses and (or) other real estate objects, except for objects of industrial purpose, on the basis of the received construction permits; (As amended by the federal laws from previous N 118-FZ; from 23.06.2014 N 171-FZ; from 13.07.2015 N 236-FZ)

2) object shared construction-residential or non-residential property, common property in apartment building and (or) other property, transferable party share construction after receiving permission to commissioning of multi-family homes and (or) other real estate property and are included in the specified block of flats and (or) other property under construction (created) with the involvement of money a participant shared construction. (As amended by the Federal law on 18.07.2006. N 111-FZ), Article 3. Right on fundraising parties share construction (creation) of a block of flats and (or) other real estate objects 1. The developer has the right to attract cash assets of the participants share construction (creation) of a block of flats and (or) other real estate sites only after a in the prescribed manner, the issuance of construction permits, accommodation and (or) presentation design Declaration in accordance with this federal law and State registration by the developer of the property right to land provided for building (creation) of a block of flats and (or) other real estate objects, comprising share construction objects or lease agreement, sublease agreement of such land or in cases envisaged by federal law on the promotion of housing construction "or subparagraph of paragraph 2 of article 15 39-10 of the land code of the Russian Federation treaty gratuitous use of such land. (As amended by the federal laws from previous N 118-FZ; from 23.06.2014 N 171-FZ; from 13.07.2015 N 236-FZ) 2. Right on raising funds from citizens for building (creation) of a block of flats with the adoption of commitments, after which arises from ownership of the premises in the building (created) a tenement house, have to meet the requirements of this federal law, developers on the basis of the contract of participation in share participation construction. (As amended by the Federal law on 18.07.2006. N 111-FZ)
3. In the case of attraction of money resources of the citizens for the construction of a person not authorized in accordance with this federal law on this right and (or) attracting funds for the construction of citizens in violation of the requirements established by the part 2 of article 1 of this federal law, a citizen may demand from the person's immediate return of devolved funds, paying double in size under Article 395 of the Civil Code of the Russian Federation per cent of these funds and reimbursement in excess of the amount of interest caused by the citizen. (As amended by the Federal law on 17.06.2010 N 119-FZ), Article 4. Shared construction participation agreement 1. According to the contract of participation in share participation construction (hereinafter-the agreement) one party (the developer) undertakes within the terms of their own and (or) with the assistance of other persons to build (create) an apartment building and (or) other real estate and after receiving permission to commissioning these objects to pass the appropriate object shared construction party shared construction and the other party (party share construction) undertakes to pay resulting from the contract price and accept the shared construction if you have permission to putting into operation of multi-family homes and (or) another object real estate.
2. the Government of the Russian Federation shall have the right to issue rules obligatory for the parties to the Treaty in its conclusion and execution.
3. the contract is in writing and is subject to state registration shall be considered concluded from the time of such registration, unless otherwise stipulated by this federal law. (As amended by federal law from 17.07.2009 N 147-FZ)
4. the contract must contain: 1), the definition of a particular object to be transferred in accordance with the share construction blueprints Builder after receiving authorization to commissioning of multi-family homes and (or) other real estate property;
2) term transfer object Developer share construction party shared construction;
3) contract price, terms and order of payment;
4) the warranty period for the share construction object;
5) enforcement methods developer obligations under the Treaty. (Para supplemented by federal law from 30.12.2012 N 294-FZ)
5. In the absence of the conditions stipulated in the contract part 4 of this article, this Agreement shall be deemed unenforceable in future.
6. the risk of accidental loss or accidental damage to the object of shared construction before his pass to share construction carries the developer.
7. in the event of the death of the citizen party shared construction of its rights and obligations under the Treaty shall pass to the heirs, if the Federal law does not stipulate otherwise. The Builder is not entitled to refuse such heirs in joining the Treaty.

8. Existing on the opening day of the heritage party share construction of property rights and obligations based on a contract concluded in accordance with this federal law, are part of the heritage party shared construction in accordance with the Civil Code of the Russian Federation.
9. the relations arising from the contract concluded by the citizen party share construction solely for personal, family, household and other needs, not connected with entrepreneurial activity, the law of the Russian Federation on the protection of consumer rights in the part not regulated by this federal law.
10. In cases stipulated by the Federal law on the promotion of housing construction "contracts of participation in share participation construction of residential premises, technical-economic indices and options which meet the criteria for inclusion of these dwellings housing economy class established by the federal body of executive power executing the functions of State policy and normative-legal regulation in the field of construction, architecture, urban planning, must contain information set specified by federal law. (Part is supplemented by federal law from 10 N 118-FZ) 10-1. If the developer is a legal person, who has entered into in accordance with the urban planning code of the Russian Federation Treaty on the development of the territory with a view to economy-class housing or the Treaty on integrated development of the territory with a view to economy-class housing, in the contract of participation in share participation construction concluded the Builder in respect of residential premises, corresponding conditions for housing economy class established by the federal body of executive power carrying out the functions of State policy and normative-legal regulation in the field of construction, architecture, urban planning (hereinafter also referred to as the housing economy class), to share construction, who is a citizen who has, in accordance with the legislation of the Russian Federation, normative legal acts of the constituent entities of the Russian Federation the right to purchase economy class costs and terms, which are defined by the Treaty on the development of the territory with a view to economy-class housing or the Treaty on integrated development of the territory with a view to economy-class housing along with the part of the present article 4 conditions: 1), reports that residential premises subject to share construction, complies with the conditions for inclusion in the housing economy class and creates a developer who is a person with whom the contract on development of the territory with a view to economy-class housing or the Treaty on integrated development of the territory with a view to economy-class housing;
2) particulars of the information and the parties to the Treaty on the development of the territory with a view to economy-class housing or of the Treaty on the integrated development of the territory with a view to economy-class housing;
3) contract price participation in share participation construction per square meter facility shared construction, which may not exceed the price specified in the Protocol on the results of the auction for the right to conclude a Treaty on the development of the territory with a view to economy-class housing or of the Treaty on the integrated development of the territory with a view to economy-class housing, or in cases provided by paragraphs 24-26 article 46-7 of the town planning code of the Russian Federation , the initial price of the subject of this auction.
(Part is supplemented by federal law from 21.07.2014 N 224-FZ) 10-2. Mandatory application to the specified part 10-1 of the present article the Treaty participation in share participation construction is the Protocol on the results of the auction for the right to conclude a Treaty on the development of the territory with a view to economy-class housing or of the Treaty on the integrated development of the territory with a view to economy-class housing or in cases provided by paragraphs 24-26 article 46-7 of the town planning code of the Russian Federation, the notice on holding such an auction. (Part is supplemented by federal law from 21.07.2014 N 224-FZ) 11. To an object shared construction, building (creation) is a State or municipally owned land plot on the day of termination of the lease of such land has not been completed, the provisions of article 239-1 of the Civil Code of the Russian Federation shall not apply. (Part is supplemented by federal law from 23.06.2014 N 171-FZ), Article 5. Contract price

1. contract the contract price, i.e. the sum of money payable to a participant in share construction (creating) an object shared construction. The contract price may be defined in the contract as a cash reimbursement for construction (creating) an object shared construction and funds for payment of services of the developer.
2. By agreement of the parties, the contract price may be changed after the contract, if the contract provides for the possibility of changing prices, events and conditions changed.
3. Payment of the contract price shall be verified by making payments in a lump sum or in terms of a period calculated in years, months or weeks.
4. If, in accordance with the contract for payment of the price of the contract shall be made a party to share construction by a one-time payment, delay in payment for more than two months is grounds for unilateral abandonment of the Builder from the contract as provided for in article 9 hereof. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ) 5. If, in accordance with the contract for payment of the price of the contract shall be made a party to share construction by making payments on the contract period, the systematic violation of party share construction deadlines for payments, that is a violation of the term of payment is more than three times within twelve months or delay in making payment for more than two months, is the reason for the unilateral abandonment of the Builder of the contract in order provided for in article 9 hereof. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ) 6. In case of violation of the contract term payment, the participant pays the share construction developer forfeit (fines) in the amount of one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation, acting on the day of performance of the obligation, of the overdue amount for each day of delay. (As amended by the Federal law on 18.07.2006. N 111-FZ), Article 6. The term transfer object Developer share construction party share construction 1. The developer is obliged to transfer party share construction share construction object within the term provided for in the Treaty and should be the same for participants share construction, which the developer is obliged to transfer the share construction objects, forming part of a block of flats and (or) other real estate property or block-section dwelling house with separate entrance with access to the territory for general use, except in the case of an established part 3 of this article. (As amended by the Federal law on 18.07.2006. N 111-FZ)
2. in case of violation of the Treaty's deadline pass to share construction object shared construction Builder pays the party shared construction penalty (penalty) in the amount of one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation, acting on the day of performance of the obligation from the contract price for each day of delay. If a participant in share construction is a citizen, provided for this part of the penalty (penalties) paid by the developer in double size. (As amended by the Federal law on 18.07.2006. N 111-FZ)
3. in the event that the construction of flats (creation) and (or) other property could not be completed within the term of contract, the developer not later than two months prior to the expiry of the current period is obliged to send party share construction of relevant information and the proposal to amend the Treaty. Changing the Treaty term transfer object Developer share construction party share construction is carried out in the manner prescribed by the Civil Code of the Russian Federation.
Article 7. Quality assurance, pursuant to the Treaty 1. The developer is obliged to transfer party share construction object shared construction, the quality of which complies with the conditions of the Treaty, the requirements of technical regulations, project documentation and planning regulations and other mandatory requirements. (As amended by the Federal law on 18.07.2006. N 111-FZ)
2. If the object of shared construction built in (created) developer with deviations from the terms of the contract, and (or) specified in part 1 of this article the mandatory requirements which have led to a deterioration in the quality of the facility, or other flaws that make it unsuitable for use, the Treaty party share construction, unless otherwise stipulated by contract, by choice have the right to demand from the developer: (as amended by the Federal law on 18.07.2006. N 111-FZ) 1) gratuitous address the deficiencies within a reasonable time;
2) commensurate with the reduction of the price of the contract;
3) reimbursement on the shortcomings.

3. In the event of a significant breach of the quality requirements of the object of shared construction or during the identified deficiencies in the established party share construction reasonable time party share construction unilaterally has the right to withdraw from the contract and demand a refund from the Builder and paying interest in accordance with paragraph 2 of article 9 hereof. (As amended by the Federal law on 18.07.2006. N 111-FZ)
4. Terms and conditions of the agreement on freeing the developer from the responsibility for the shortcomings of the object shared construction are void.
5. The warranty period for the share construction object, except for technological and engineering equipment, is part of the object, sets the share construction contract and may not be less than five years. Specified warranty period shall run from the date of the transfer of the facility share construction, except for technological and engineering equipment, which is included in the object of shared construction, share construction, unless otherwise provided by the contract. (As amended by the Federal law on 17.06.2010 N 119-FZ) 5-1. The warranty period for technological and engineering equipment, part of the passed parties share construction object, sets the share construction contract and may not be less than three years. Specified warranty period shall run from the date of the signing of the first corresponding deed or other document on the transfer of share construction object. (Part is supplemented by federal law from 17.06.2010 N 119-FZ)
6. a participant in share construction may bring the developer requirements in connection with the improper quality fractional object construction, provided such quality found during the warranty period.
7. The developer shall not be liable for defects (defects) of the shared construction, discovered within the warranty period, if he proves that they occurred due to normal wear and tear of such share construction object or its parts, violations of the requirements of technical regulations, town planning regulations and other mandatory requirements for the process of their operation or improper repair, held by a party to share construction or involved third parties. (Part is supplemented by federal law from 18.07.2006. N 111-FZ) Article 8. Passing an object shared construction 1. Passing an object shared construction Builder and the adoption of his party shared construction carried out by the parties signed gear or any document on the transfer.
2. Passing an object shared construction is carried out not earlier than after obtaining permission in accordance with the established procedure for the putting into operation of multi-family homes and (or) other real estate property.
3. upon receipt by the developer in accordance with the established procedure permission on the commissioning of a block of flats and (or) other real estate developer must pass an object shared construction no later than the term provided for in the Treaty. With the early performance of obligations of the developer object transfer share construction, unless otherwise stipulated in the contract. (As amended by the Federal law on 18.07.2006. N 111-FZ)
4. The developer not less than one month before the deadline specified in the agreement of transfer of share construction object or if the contract provided for the starting date of the transfer and adoption of shared construction object, no less than fourteen working days before the beginning of the transfer and adoption must give the party shared construction completion message (create) an apartment building and (or) other property in accordance with the Treaty and the willingness to share construction object to the transfer of as well as warn the party shared construction of the need for shared construction object and the consequences of inaction party share construction provided by paragraph 6 of this article. The message must be sent by registered mail with attachments thereto and advice of delivery at the specified party share construction mailing address or served party share construction personally against receipt. At that date the transfer and adoption of shared construction object cannot be set earlier than fourteen days or later than one month before the contract term transfer object Developer share construction party shared construction. Party share construction, received the Message Builder on the completion of the (establishment) of a block of flats and (or) other property in accordance with the Treaty and the willingness to share construction object to the transfer, is obliged to proceed with its adoption of the Treaty or, if such a term is not set, within seven working days of the receipt of the communication. (As amended by the Federal law on 18.07.2006. N 111-FZ)

5. a participant in share construction prior to the signing of the corresponding deed or other document on the transfer of share construction object is entitled to require from the developer of document stating a mismatch in the object shared construction requirements specified in part 1 of article 7 of this federal law, and to refrain from signing the corresponding deed or other document on the transfer of share construction until the object Developer responsibilities under part 2 of article 7 of this federal law.
6. Unless otherwise provided by contract, the participant's tax share construction from taking an object shared construction in under part 4 of this article, or a participant in share construction from taking an object shared construction (except in the case specified in subsection 5 of this article) the developer after two months from the date provided for in the Treaty to pass an object shared construction party share construction, has the right to make a unilateral act or other instrument of transfer of the object of shared construction (except early handover of share construction specified in subsection 3 of the present article). The risk of accidental loss of the object shared construction recognizes transferred to party share construction from the date of compilation of this part of the unilateral act or other document on the transfer of share construction object. These measures may only be applied if the Builder has information about obtaining participant share construction communication in accordance with part 4 of this article, or operator of postal service returned certified letter with a message on refusal of party share construction from its receipt or lack of party share construction on the indicated address. (Part is supplemented by federal law from 18.07.2006. N 111-FZ) Article 9. Termination of the agreement (as amended by the Federal law on 18.07.2006. N 111-FZ dated December 30, 2008) 1. Party share construction unilaterally has the right to withdraw from the contract in case of default) 1: developer commitments on the transfer of share construction object within the period exceeding the original terms of the transfer of such an object for a period of two months; (As amended by the Federal law on 17.06.2010 N 119-FZ) 2) default by Developer responsibilities under part 2 of article 7 of this federal law;
3) substantive violation of the quality requirements for share construction object;
4) violations of developer responsibilities under part 3 of article 15-1 hereof;
5) other specified in federal law or contract cases.

(The part in edition of 18.07.2006 Federal law N 111-FZ) 1-1. On demand participant share construction contract can be cancelled by judicial procedure in the case of: 1) termination or suspension of the construction of the (establishment) of a block of flats and (or) other property, comprising share construction object, if there are circumstances obviously indicating that within the terms of share construction object will not be handed over to the party shared construction;
2) a significant change in the project documentation is being built (created) a block of flats and (or) other property, comprising an object shared construction, including a substantial change in the size of the object shared construction;
3) change destination of common property and (or) non-residential premises, forming part of a block of flats and (or) other real estate property;
4) other specified in federal law or contract cases.

(Part is supplemented by federal law from 18.07.2006. N 111-FZ)

2. The developer in case of termination of the contract on the grounds stipulated in part 1 of this article, within twenty working days from the date of termination of the agreement or in case of termination of the contract on the grounds provided by paragraph 1-1 of this article within ten working days from the date of termination of the agreement shall be obliged to return the party to share construction funds, paid to them by the Treaty, as well as prices to pay the interest on that amount for the use of specified funds equivalent to one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation in effect on the day of performance of the obligation to return the money paid by the participant share construction. The said interest shall be calculated from the day of making the party shared construction funds or a portion of the funds in the account of the contract price until the day of their return to the developer party shared construction. If a participant in share construction is a citizen, specified interest is payable by the Builder in double size. If during the prescribed period, the party did not share construction appealed to the developer for the receipt of monies paid party shared construction in account prices contract, and interest on that amount for the use specified in cash, the Builder is not later than the day following the working day after the expiry of the current period is required to deposit money and interest for the use of funds on deposit with a notary at the location of the developer reported party shared construction. (As amended by the Federal law on 18.07.2006. N 111-FZ)
3. If there are grounds for unilateral abandonment of the Builder of the contract provided by paragraphs 4 and 5 of article 5 hereof, the developer is entitled to terminate the contract no earlier than thirty days after the direction in writing to the party shared construction in the manner provided by paragraph 4 of article 8 hereof, warnings about the need to repay debt to them on payment of the price of the contract and the consequences of failure to fulfil this requirement. When default party shared construction of such a requirement, and if you have developer information about how to obtain the party shared construction warning need to repay them debts to pay the price of the contract and the consequences of failure to fulfil such a requirement, or when you return the registered letter postal operator with a message on refusal of party share construction from its receipt or lack of party share construction on postal address specified by the developer has the right to unilaterally withdraw from the contract in accordance with part 4 This article. (Part is supplemented by federal law from 18.07.2006. N 111-FZ)
4. In the case of a unilateral waiver by one party of the contract the contract shall be terminated from the date of notification to the other party a unilateral renunciation of the contract. The notification must be sent by registered mail with an attachment thereto. (Part is supplemented by federal law from 18.07.2006. N 111-FZ)
5. In the case of unilateral abandonment of the Builder of the contract on the grounds provided by the parts 4 and 5 of article 5 of this federal law, the Builder must refund the money paid by a participant in share construction by contract price, within ten working days from the date of its dissolution. If within this period the participant share construction not addressed to the developer for a money paid in share construction party by contract price, the developer is not later than the day following the working day after the expiry of the current period is required to enroll the funds on deposit with a notary at the location of the developer, as reported by the party shared construction. (Part is supplemented by federal law from 18.07.2006. N 111-FZ)
6. in case of violation of the Builder provided by paragraphs 2 and 5 of this article, the term refund or crediting of these funds on deposit with a notary pays the developer party share construction interest on that amount for the use of specified funds equivalent to one three-hundredth of the refinancing rate of the Central Bank of the Russian Federation, acting on the day of performance of the obligation to return the money paid by the participant share construction. The said interest shall be calculated from the day following the day of expiry of the refund money the developer party share construction or term of enrollment of these funds on deposit with a notary, until the day of refund developer party share construction or enrolment day such funds on deposit with a notary. If a participant in share construction is a citizen, specified interest is payable by the Builder in double size. (Part is supplemented by federal law from 18.07.2006. N 111-FZ)

7. When returning the Builder cash in case of a unilateral renunciation of the contract to pay-off party to share construction penalties (penalties) under this federal law or treaty shall not be permitted. (Part is supplemented by federal law from 18.07.2006. N 111-FZ), Article 10. Liability for violation of obligations under the Treaty in case of nonperformance or improper performance of obligations under the agreement, the defaulting party its commitments or fail to fulfill their obligations, shall pay to the other party under this federal law and the specified contract penalties (fines) and compensate in full damages in excess of the penalty.
Article 11. Assignment of claims under the Treaty 1. The assignment of share construction claims rights party on a Treaty permitted only after he pays the price of the contract, or concurrently with the transfer of the debt to the new party share construction in the manner prescribed by the Civil Code of the Russian Federation.
2. an assignment of a party shared construction requirements allowed under the treaty rights from the moment of State registration of the contract until the signing parties to the corresponding deed or other document on the transfer of share construction object.
Article 12. The performance of the obligations of the Treaty 1. Developer's obligations are considered to be executed since the signing parties to the corresponding deed or other document on the transfer of share construction object.
2. the obligations of the participant share construction are considered to be covered from the date of payment in the full amount of funds in accordance with the contract and signed corresponding deed or other document on the transfer of share construction object.
Article 12-1. Ways to ensure the fulfilment of the obligations of the Treaty 1. Lien in the manner prescribed by articles 13-15 of this federal law shall be pursuant to the following Developer's obligations under all contracts concluded for the construction of the (establishment) of a block of flats and (or) other real estate property on the basis of a single building permit: 1) refunds made party to share construction, in cases stipulated by this federal law and (or) Treaty;
2) payment party share construction monies owed to him in damages and (or) as forfeit (fine, penalty fees) as a result of non-fulfillment, delay in performance or other improper performance of an obligation of transfer of share construction object, and other amounts due to it in accordance with the Treaty and (or) Federal funds.
2. execution of Developer's obligations on transfer of dwelling party share construction on all contracts concluded for the construction of the (establishment) of a block of flats and (or) other real estate property on the basis of a single building permit, along with collateral must be provided at the choice of the developer in one of the following ways: 1) surety Bank in accordance with article 15-1 hereof;
2) civil liability insurance of the Builder for nonperformance or improper performance of obligations under the transfer of dwelling party share construction under the contract in accordance with article 15-2 hereof.
(Article supplemented by federal law from 18.07.2006. N 111-FZ) (As amended by the Federal law of 30.12.2012 N 294-FZ) Article 13. The enforcement of obligations under the Treaty pledge (as amended by the Federal law on 18.07.2006. N 111-FZ dated December 30, 2008) 1. In ensuring the execution of Developer's obligations (mortgagor) under contract from the moment of State registration of the contract parties have shared construction (s) shall be deemed to be in the pledge provided for building (creation) of a block of flats and (or) other real estate property, which will contain the objects shared construction, land, owned by the developer on the property right or right of lease, the right to sublease the land specified under (created) on this land apartment house and (or) other real estate. (As amended by the Federal law on 17.06.2010 N 119-FZ)
2. When State registration of property rights developer on the object of incomplete construction such a facility under construction is located in pledge share construction participants from the moment of State registration of the ownership right of the developer to such an object.

3. From the date of receipt by the developer in accordance with the legislation of urban planning, commissioning of permit multi-family homes and (or) other real estate property, construction (create) which was implemented with the assistance of funds participants shared construction, prior to the date of the transfer of the facility share construction in accordance with the provisions of article 8 hereof, such share construction object is located in the pledge a participant in share construction. While residential and (or) non-residential premises belonging to the apartment building data and (or) other real estate and non-share construction objects, are not considered to be a pledge from the date of receipt by the developer of the specified permission. (As amended by the Federal law on 17.06.2010 N 119-FZ)
4. (repealed-federal law on 18.07.2006. N 111-FZ) 5. The developer is obliged to register the ownership of the object under construction when there are no grounds for foreclosing on the collateral. When Dodge Builder from State registration of ownership of the object under construction the State registration of the ownership of such an object is carried out on the basis of the decision of the Court on the suit of party share construction for foreclosure on collateral.
6. If, prior to the conclusion of the developer agreement with first party share construction property specified in parts 1-3 of this article, was transferred to deposit as security other liabilities the developer, developer involvement funds participants share construction is permitted if the developer of the execution of its obligations under the Treaty of guarantee or while subject to the following conditions: (as amended by the Federal law on 18.07.2006. N 111-FZ) 1) a mortgagee of property specified in parts 1-3 of this article, is the Bank;
2) specified in paragraph 1 of this part, the mortgagee agrees to satisfy their demands at the expense of the pledged assets in accordance with part 2 of article 15 of this federal law, as well as consent to the termination of the right of pledge on share construction objects in the case provided for in part 8 of this article. (As amended by the Federal law on 18.07.2006. N 111-FZ)
7. After the conclusion of the Treaty first party developer share construction property specified in parts 1-3 of this article, may not be transferred without the consent of the parties in pledge share construction, except in the case of a transfer of pledged to the Bank as security for the loan, granted by the Bank to the developer for the construction of (creating) an apartment building and (or) other property, comprising share construction objects, subject to obtaining the consent from the Bank to satisfy their demands at the expense of the pledged assets in accordance with part 2 of article 15 of the present Federal law and consent to the termination of the right of lien on share construction objects in the case provided for in part 8 of this article. (As amended by the Federal law on 18.07.2006. N 111-FZ) 7-1. In cases provided by paragraphs 6 and 7 of this article, the developer has the right to attract cash assets of participants shared construction not exceeding in the aggregate with banks loans specified in project construction cost Declaration (create) an apartment building and (or) other real estate property. (Part is supplemented by federal law from 18.07.2006. N 111-FZ)
8. Since the transfer of the object of shared construction in accordance with the provisions of article 8 hereof, the lien arising under this federal law, as well as on the basis of a contract with the Bank provided by paragraphs 6 and 7 of this article shall not apply to cases the object of shared construction. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ) 8-1. Arising under this Federal Act or under a contract with the Bank provided by paragraphs 6 and 7 of this article cases bail plot, located from the developer owned or bail lease rights or the right to sublease the land plot shall be terminated from the date of the transfer in accordance with article 8 hereof, all objects share construction in apartment building and (or) other property built (created) on this land. (Part is supplemented by federal law from 17.06.2010 N 119-FZ)
9. the relations arising from collateral arising under this federal law, shall apply the provisions of the Civil Code of the Russian Federation and the Federal law dated July 16, 1998 N 102-ФЗ "about mortgages (mortgage)" taking into account the peculiarities stipulated by this federal law.
Article 14. Especially the levying of execution on the pledged assets 1. Foreclose on the collateral may be drawn not earlier than six months after: 1) for the term provided by the contract for the transfer of property developer share construction object;

2) termination or suspension of the construction of the (establishment) of a block of flats and (or) other property under the circumstances obviously indicating that within the terms of share construction object will not be handed over to the party shared construction.
2. To foreclose on the collateral may be drawn within the deadlines established by part 1 of this article, regardless of the timing of the execution of Developer's obligations before the zalogoderzhateljami specified in parts 6 and 7 of article 13 hereof.
3. (repealed-federal law on 18.07.2006. N 111-FZ) Article 15. Features of distribution of funds derived from the sale of mortgaged assets 1. Cash proceeds from the sale of the mortgaged property, after deduction of the amounts required to cover the costs of the levy of execution on this property and its application are directed to the satisfaction of the participants shared construction and mortgagees, referred to in paragraphs 6 and 7 of article 13 hereof. (As amended by the Federal law on 18.07.2006. N 111-FZ)
2. When there is a shortage of cash proceeds from the sale of the mortgaged property, such funds after deduction of the amounts required to cover the costs of foreclosure on the property and its implementation, shall be distributed among the participants shared construction and zalogoderzhateljami specified in parts 6 and 7 of article 13 hereof, in proportion to their claims at the time of meeting those requirements. (As amended by the Federal law on 18.07.2006. N 111-FZ)
3. (repealed-federal law on 18.07.2006. N 111-FZ) 4. (Repealed-federal law on 18.07.2006. N 111-FZ)
5. Transfer in deposit with a notary shall be moneys owed to participants shared construction, not stated their demands prior to the date of the public auction at which the mortgaged property was implemented. These participants share construction may get funds through deposit with a notary in accordance with the legislation of the Russian Federation.
Article 15-1. The enforcement of obligations under the Treaty of guarantee 1. Execution of Developer's obligations under the Treaty of guarantee can be provided by the Bank. If the developer chose the surety as a way to ensure its obligations, it shall be obliged to bring to the attention of the participants shared construction surety conditions, as well as information about the guarantor. Execution of Developer's obligations on transfer of dwelling party share construction is provided by Bank surety Treaty that meets the following requirements: 1) the existence of a license for carrying out banking operations, which v'dana the Central Bank of the Russian Federation, and in which the right to issue bank guarantees;
2) implementation of banking activities for at least five years;
3) availability of authorized capital in the amount of not less than 200 million rubles;
4) availability of own funds (capital) of not less than one billion roubles;
5) compliance with mandatory regulations stipulated by legislation of the Russian Federation on banks and banking activities, on all reporting dates during the past six months;
6) there was no requirement of the Central Bank of the Russian Federation on the introduction of measures on financial recovery of the credit organization;

7) the inclusion in the register of banks registered in the deposit insurance system, and the absence of a ban on bringing in cash assets of private individuals into deposits and for opening and maintaining bank accounts for individuals in accordance with the Federal law of December 23, 2003 N 177-FZ "on insurance of deposits of natural persons in banks of the Russian Federation". (Para supplemented by federal law from 13.07.2015 N 236-FZ) (Paragraph as amended by federal law from 30.12.2012 N 294-FZ) 1-1. Information on banks, which comply with the requirements established by part 1 of this article, shall be posted on the official website of the Central Bank of the Russian Federation in the field of information and telecommunications network "Internet". (Part is supplemented by federal law from 13.07.2015 N 236-FZ)
2. a contract of suretyship is before State registration of the contract and must include:

1) subsidiary liability of the surety before the party shared construction Developer's obligation to transfer the dwelling under a contract in the amount of the contract price, but not less than the amount calculated on the basis of the total area of residential premises to transfer party shared construction and average market value per square meter of the total area of housing in the constituent entities of the Russian Federation, which is defined by the federal executive body responsible for the formulation and/or implementation of State policy and normative-legal regulation in the sphere of construction and to be applied for the calculation of social payments for all categories of citizens referred to social allowances granted for acquisition, construction of dwellings at the expense of the federal budget, at the date of conclusion of the contract of suretyship. The surety shall be liable before the party shared construction in the same manner as a commercial developer, including prescribed by this federal law and penalties (fines); (As amended by the Federal law of 30.12.2012 N 294-FZ) 2) transfer of rights under a contract of suretyship to the new party share construction in case of assignment of claims under the Treaty;
3) the duration of the guarantee, which shall not be less than two years provided by the contract term transfer object shared construction party shared construction; (As amended by the Federal law of 30.12.2012 N 294-FZ), 4), the consent of the guarantor on possible changes in the obligations under the contract, including changes which entail increased responsibility or other adverse consequences for the guarantor;
5) the obligation of the surety to notify party shared construction in case of early termination of the suretyship in the manner provided by paragraph 3 of this article.
3. in the event of termination of sponsorship before the expiry of 3 parts under paragraph 2 of this article, the period of validity of a surety, the surety and the developer are obliged to notify the party shared construction not later than one month before the date of termination of the suretyship. When you do this, the developer is obliged to conclude another contract of suretyship within fifteen days from the date of termination of the suretyship.
3-1. In case of termination of sponsorship before the expiry of 3 parts under paragraph 2 of this article, the period of validity of a surety, the surety is obliged to send a notification about this in performing State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate authorized the Executive authority of the Russian Federation on the territory of which the construction of multi-family homes and (or) other real estate property, within seven working days from the date of termination of suretyship as well as within three working days from the date of termination of the suretyship in the agency conducting State registration of rights to real estate and transactions with it. (Part is supplemented by federal law from 13.07.2015 N 236-FZ) 3-2. In case of withdrawal of a license for carrying out banking operations from the credit organization, which in accordance with this article, the developer of the contract of suretyship or destination in such credit institution Builder transitional administration within fifteen days from the date of revocation of the license or the appointment of an interim administration, depending on which event occurred earlier, must contract of suretyship with another credit institution or in accordance with article 15-2 of this federal law to participate in the society of mutual insurance or enter into a contract of insurance. The developer has the right to withdraw unilaterally from the performance of the contract of guarantee in case of withdrawal of a license for carrying out banking operations credit institution. (Part is supplemented by federal law from 13.07.2015 N 236-FZ)
4. in case of violation of duties of a guarantor under part 3 of this article, it shall bear subsidiary liability before participant share construction Developer's obligation to transfer the dwelling party share construction under the contract. (As amended by the Federal law of 30.12.2012 N 294-FZ)

(Article supplemented by federal law from 18.07.2006. N 111-FZ) Article 15-2. Insurance of civil liability of the Builder 1. Execution of Developer's obligations on transfer of dwelling party share construction under the Treaty can be Builder liability insurance for non-fulfillment or improper fulfillment of obligations on transfer of residential property by Treaty: 1) participation in the society of mutual insurance of civil liability of builders (hereinafter-the mutual insurance society) that has the appropriate license for realization of mutual insurance and created exclusively for this type of insurance;

2) civil liability insurance contract Builder for nonperformance or improper performance of obligations under the transfer of residential property under the contract (hereinafter-the insurance contract) with an insurance organization, having the license for implementation of voluntary property insurance, reporting to the Central Bank of the Russian Federation adopted it in the kind of insurance "insurance civil liability for nonperformance or improper performance of obligations under the Treaty" insurance regulations and meets the following requirements : (As amended by the Federal law of 13.07.2015 N 236-FZ) a) insurance activities for at least five years;
b) in-house at a rate not less than one billion rubles, including authorized capital in the amount of not less than 120 million rubles; (As amended by the Federal law of 13.07.2015 N 236-FZ)) no regulations of the Central Bank of the Russian Federation concerning non-compliance with the requirement for ensuring financial stability and solvency; (As amended by the Federal law of 13.07.2015 N 236-FZ) g) absence of grounds for the application of measures to prevent bankruptcy of an insurance company in accordance with the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)";
d) the absence of a decision by the Central Bank of the Russian Federation (Bank of Russia) concerning the appointment of the interim administration of an insurance organization;
(e)) the absence of a decision by the arbitral tribunal on the introduction with respect to insurance company one of the procedures applied in the bankruptcy case, in accordance with the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)".

1-1. Information about insurance organizations that meet the requirements established by part 1 of this article, shall be posted on the official website of the Central Bank of the Russian Federation in the field of information and telecommunications network "Internet". (Part is supplemented by federal law from 13.07.2015 N 236-FZ) 1-2. Insurance organization at the conclusion of the contract of insurance is the developer documents confirming its compliance with the requirements specified in paragraph 2 of part 1 of this article. The conformity attestation requirement specified in subparagraph of item 2 of part 1 of this article, an insurance organization upon request of the developer provides him with a document issued by the Central Bank of the Russian Federation and confirming the absence of its regulations on non-compliance with requirements to ensure financial stability and solvency within six months prior to the date of receipt of the specified query. (Part is supplemented by federal law from 13.07.2015 N 236-FZ)
2. The developer in the manner and under the conditions established by this federal law, prior to the State registration of the contract concluded with the first party to share construction, at his own expense carries out civil liability insurance for non-fulfillment or improper fulfillment of obligations to transfer residential premises under the Treaty.
3. In case the Builder chose the insurance as a way to ensure the fulfilment of their obligations under the transfer of residential property by contract, he shall bring to the attention of the participants shared construction insurance conditions as well as information about the society of mutual insurance or insurance organization (hereinafter insurer) that carry insurance of civil liability of the Builder.
4. the terms and conditions of insurance are determined by the insurance regulations, accepted or approved by the insurer, taking into account the requirements laid down in this article.
5. liability of the Builder for nonperformance or improper performance of obligations under the transfer of residential property under the agreement is carried out in favor of beneficiaries-participants shared construction specified in part 6 of this article.
6. The beneficiaries under insurance contract are citizens or legal persons (except for credit institutions), money which brought in accordance with this federal law for the construction of (creating) an object shared construction under a contract providing for the transfer of residential premises. Beneficiaries under insurance contract can be credit institutions which have obtained the right of claim of the participant share construction arising out of the contract of participation in share participation construction, as a result of abandonment for a mortgage in accordance with the Federal law of July 16, 1998 N 102-ФЗ "about mortgages (mortgage). Allows replacement of the beneficiary specified in the insurance contract, another person in case of cession of rights under the agreement with a notice in writing of the insurer. (As amended by the Federal law of 13.07.2015 N 236-FZ)
7. Object of insurance is a property interest of the developer, the risk of occurrence of its responsibility before the participants shared construction in connection with the nonperformance or improper performance of obligations under the transfer of residential property under the agreement. (As amended by the Federal law of 13.07.2015 N 236-FZ)


8. The insured event is the non-performance or improper performance of the developer commitments relating to the transfer of a dwelling under the Treaty, confirmed by one of the following: 1) enforceable court decision on foreclosure of the pledged assets in accordance with article 14 hereof; (As amended by the Federal law of 13.07.2015 N 236-FZ) 2) decision of the arbitral tribunal on considering a debtor bankrupt and on the opening of bankruptcy proceedings in accordance with the Federal law of October 26, 2002 N 127-FZ "on Insolvency (bankruptcy)", as well as an extract from the register of creditors ' claims about the size, composition and on the order of satisfaction of claims.
(The part in edition of the Federal law dated 28.12.2013 g. N 414-FZ)
9. The insurance contract shall be considered concluded from the date of State registration of the contract of participation in share participation construction is provided for such a treaty term transfer of residential property developer party shared construction. While the insurance contract must ensure the right of a beneficiary to receive insurance reimbursement for insured event, being within two years after the Treaty's participation in share participation construction period transfer of residential premises. (As amended by the Federal law of 28.12.2013 N 414-FZ) 10. Minimum sum insured under the insurance contract, within which the insured event, the insurer will have to carry out the insurance indemnity is calculated on the basis of the contract price and cannot be less than the amount calculated on the basis of the total area of residential premises to transfer party shared construction and average market value per square meter of the total area of housing in the constituent entities of the Russian Federation, who had been identified by the federal body of executive power responsible for the formulation and/or implementation of State policy and normative-legal regulation in the sphere of construction, and is applicable for the calculation of social payments for all categories of citizens referred to social allowances granted for acquisition, construction of dwellings at the expense of the federal budget, at the date of conclusion of the insurance contract.
11. Insurance contract may provide for the right of the policyholder to pay the insurance premium by installments in an order stipulated by insurance regulations. The obligation to pay the insurance premium (part of insurance premium) is considered to be fulfilled by the insured from the date of receipt of the funds on the bank account or at the cashier of the insurer.
12. the insurance contract cannot be deductible (part of the inflicted party share construction losses, non-refundable insurance contract).
13. the insurance contract shall be the obligation of the insurer to send to the contest Manager information on the rate of share construction participants produced the insurance indemnity.
14. the insurer has the right developer requirements in the amount of the indemnity paid. (As amended by the Federal law of 28.12.2013 N 414-FZ) 15. Cancellation or early termination of the insurance contract does not relieve the insurer from the obligation to pay the insurance indemnity to insured events occurring during the period of validity of the insurance contract. In case of termination or early termination of the insurance contract, the insurer shall notify the participants in share construction and carrying out State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate authorized the Executive authority of the Russian Federation on the territory of which the construction of multi-family homes and (or) other real estate property, within seven working days, as well as within three working days-organ conducting State registration of rights to real estate and transactions with it. When you do this, the developer is obliged to conclude another contract of insurance within fifteen days from the date of cancellation or early termination of the insurance contract. In case of withdrawal of a license for carrying out voluntary property insurance from an insurance company, which in accordance with this article, the developer of the insurance contract has been concluded, or assign to such insurance company interim administration by the developer within fifteen days from the date of revocation of the license or the appointment of an interim administration of the insurance organization, depending on which event occurred earlier, must contract for insurance with another insurance company or participate in society or mutual insurance in accordance with article 15-1 this federal law to conclude the contract surety bonds. (As amended by the Federal law of 13.07.2015 N 236-FZ) 16. Peculiarities of creation and operation of mutual insurance societies provided for in this article shall be established by the Federal law dated November 29, 2007 year N 286-FZ "on mutual insurance".
(Article supplemented by federal law from 30.12.2012 N 294-FZ)

Article 16. State registration of ownership of objects share construction 1. Ownership of party share construction on share construction object is subject to state registration in the order stipulated by the Federal law of July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" (hereinafter referred to as the Federal law "on State registration of rights to real estate and transactions with it") and the present Federal law.
2. the basis for the State registration of the ownership right of the participant share construction on share construction object are documents confirming the fact of its construction (create)-permission to commissioning of multi-family homes and (or) other property, comprising an object shared construction and deed or other document on the transfer of share construction object.
3. The developer passes resolution on putting into operation of multi-family homes and (or) other real estate property or notarized copy of this authorization to the bodies carrying out the State registration of rights to real estate and transactions with it, for the State registration of the property rights of the participants shared construction objects share construction not later than ten working days after receiving such permission.
4. a participant in share construction or his heirs shall have the right to request the authorities conducting State registration of rights to real estate and transactions with it, a statement of State registration of the ownership of the object of shared construction, built (created) at the expense of such a participant shared construction in accordance with the Treaty, since the signing of the Builder and a participant in share construction or his heirs corresponding deed or other document on the transfer of share construction object.
5. A participant in share ownership when an object ownership on share construction occur simultaneously share ownership of common property in apartment buildings, which may not be alienated or transferred separately from the ownership of share construction object. State registration of a right of ownership on share construction object is simultaneously registration is inextricably associated with the common partial property right to the common property.
Article 17. State registration of the contract of assignment of rights and claims under the Treaty, the Treaty and (or) assignment of claims under the Treaty are subject to state registration in the bodies carrying out the State registration of rights to real estate and transactions therewith, on the territory of the County of registration location under construction (created) a block of flats and (or) other real estate property, which attracted funds in accordance with the Treaty, in order stipulated by the Federal law "on State registration of rights to real estate and transactions with it".
Article 18. Use the developer money paid by participants in the shared construction of the Treaty 1. Money paid by participants in share construction under the Treaty are to be used only by the Builder for building (creation) of houses and (or) other real estate objects in the following order: 1) construction (creating) apartment buildings and (or) other real estate objects in accordance with the project document or refund the cost of their construction (creation);
2) reimbursement of costs of acquisition including registration, ownership or lease rights, right to sublease the land on which the construction of dwelling houses (creation) and (or) other real estate objects;
3) cost recovery on preparing project documentation and implementation of engineering surveys for construction (creation) of houses and (or) other real estate objects, as well as the examination of project documentation and engineering survey results if such an examination is required; (As amended by the Federal law of 28/11/2011 N 337-FZ) 4) construction engineering systems required to connect (technological accession) apartment buildings and (or) other real estate sites to networks engineering, if it is stipulated by the relevant project documentation; (As amended by the Federal law of 30.12.2012 N 318-FZ) 5) reimbursement of expenses in connection with making a connection (connection) apartment buildings and (or) other real estate objects to engineering networks; (As amended by the Federal law of 30.12.2012 N 318-FZ)

6) reimbursement of expenses in connection with the conclusion, in accordance with the legislation on town planning activities of a development compact built-up area and the enforcement of obligations under this agreement (except for the costs of construction and/or reconstruction of social infrastructure) If construction of dwelling houses (creation) and (or) other real estate objects is carried out on land granted to the developer on the basis of this contract and are within such a built-up area;
7) reimbursement of costs of documentation on the planning of the territory and carrying out works on arrangement of built-up area through the construction of objects of engineering infrastructure if construction (creating) apartment buildings and (or) other real estate objects is carried out on a plot of land given to the developer for integrated development for housing or land, formed within the boundaries of the land granted to the developer for integrated development for housing.
2. If the contract price is defined as the amount of money to be reimbursed for the cost of construction (creating) an object shared construction and funds for payment of services of the Builder referred to in paragraph 1 of this article, the limitation of in part the expenditure of funds paid by a party to share construction of the Treaty applies only to money reimbursement for construction (creating) an object shared construction. Money party share construction paid under a contract for services to the developer, the developer spent at their discretion.
3. in case of violation of the developer provided for in this article targeted use of funds paid by a party to share construction under the Treaty, the Treaty on demand participant share construction can be terminated judicially.
(Article in the Editorial Office of the Federal law on 17.06.2010 N 119-FZ) Article 19. Project Declaration 1. Project Declaration includes information on Builder, and information about the construction project.
2. Project declaration published by the developer in the media and (or) is located in the information and telecommunication networks (including the Internet) not later than fourteen days before the conclusion of the Treaty first party developer share construction, and also appears in the agency conducting State registration of rights to real estate and transactions therewith, and specified in part 2 of article 23 of the present Federal law controlling body. The developer reserves the right not to publish in the media and (or) not to post in informational-telecommunicational networks project Declaration, if fundraising participants share construction (creation) of a block of flats and (or) other real estate property is carried out without production, placement and distribution of advertising related to the involvement of such funds. In this case, the developer is obliged to submit a project Declaration to any interested person for review. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ)
3. storing originals project Declaration is carried out by the developer.
4. The developer is obliged to make a declaration in the project change concerning information about Builder and construction project, as well as facts changes in project documents, within three working days from the date of the change of relevant information.
5. Quarterly developer is obliged to make a declaration in the project changes relating to information contained in paragraph 6 of part 1 of article 20 hereof.
6. changes referred to in parts 4 and 5 of this article shall be published in the manner prescribed for the publication of the project Declaration, within ten days from the date of declaration in the project changes.
7. in case of violation by the developer of this federal law requirements for project Declaration party share construction may apply to a court or an arbitral tribunal with the claim about recognition of agreement as invalid as perfect under delusion. In the case of recognition of agreement as invalid the Builder must refund the money paid by a party to share construction under contract, and pay interest in accordance with paragraph 2 of article 9 hereof.
Article 20. Developer information 1. Developer information should contain information: 1) on the corporate name (name), location of the developer, as well as the mode of its work; (As amended by the Federal law on 18.07.2006. N 111-FZ) 2) on State registration of the Builder;

3) about the founders (participants) of the Builder, who have five or more percent of the vote in the governance body of the legal person, indicating the company name (business name) of a legal person-founder (participant), the surname, name, patronymic of the physical person-founder (participant), as well as the percentage of votes possessed by each founder (participant) in the control of the entity; (As amended by the Federal law on 18.07.2006. N 111-FZ) 4) multi-family housing projects and (or) other real estate objects, in which participated the developer within three years preceding publication of the project Declaration, indicating the location of the specified objects of real estate, the timing of their commissioning in accordance with the project document and the actual timing of their commissioning; (As amended by the Federal law on 18.07.2006. N 111-FZ), 5) on the form of licensable activities licence, the duration of its action, the authority that issued the licence, if the activity is subject to licensing in accordance with federal law and relates to developer activities to raise funds of participants shared construction for building (creation) of houses and (or) other real estate objects;
6) on the financial result of the current year amounts receivable and payable on the day of the publication project of the Declaration. (As amended by the federal laws on 18.07.2006. N 111-FZ; from 17.06.2010 N 119-FZ)
2. The developer shall provide any person whose request for consultation: 1) constituent documents of the Builder;
2) certificate of State registration of the Builder;
3) certificate of registration with the tax authority;
4) (repealed-federal law on 18.07.2006. N 111-FZ) 5) approved annual reports, financial statements for the last three years of the entrepreneurial developer or a developer of such activities in less than three years (except for accounting registers) for the actual period of business activity or in the application developer the simplified system of taxation of incomes and expenditures Accounting Book Builder for specified in this paragraph; (As amended by the Federal law on 17.06.2010 N 119-FZ) 6) auditor's conclusion for the last year of implementation of the developer business.
3. Developer presents documents specified in part 2 of this article, originals or duly certified copies thereof. The documents referred to in paragraph 2 of this article may not be seized except in cases prescribed by the legislation of the Russian Federation. (Part is supplemented by federal law from 18.07.2006. N 111-FZ; as amended by federal law from 17.06.2010 N 119-FZ), Article 21. Construction project information 1. Information about the construction project shall conform to the design documentation and shall contain the following information: 1) on the aims of the project construction of stages and the time frame for its implementation, the results of the examination of the project documentation, if such examination is set by federal law; (As amended by the Federal law of 28/11/2011 N 337-FZ) 2) construction permit;
3) on the rights of the developer of the land, including the particulars of the legal document on the land, the owner of the land plot (if the developer is not the owner of the plot), the cadastral number and area of land granted for building (creation) of a block of flats and (or) other properties on elements of improvement; (As amended by the Federal law on 17.06.2010 N 119-FZ) 4) about the location of newly constructed apartment building (created) and (or) other real estate property and on their description, prepared in accordance with the project document, on the basis of which the issued building permit;
5) on the number consisting of newly constructed apartment building (created) and (or) other property independent parts (apartments/condominium, garages and other objects of the real estate) as well as a description of the technical characteristics of these separate parts in accordance with the project document; (As amended by the Federal law on 17.06.2010 N 119-FZ) 6) about the functional appointment of non-residential premises in the tenement house, not part of the common property in apartment building, if the new (created) property is apartment house;
7) concerning the composition of common property in apartment building and (or) other property, which will be in the parties share common partial property construction after receiving permission to commissioning these real estate and pass objects share construction participants shared construction;

8) on www.MTS.com.UA and obtain permission for commissioning newly constructed (created) a block of flats and (or) other real estate property, the body authorized in accordance with the legislation on urban development permit to enter these properties in operation; (As amended by the Federal law on 17.06.2010 N 119-FZ) 9) about the possible financial and other risks in the implementation of the construction project and measures for voluntary insurance developer of such risks;
9-1) on the proposed construction cost (create) an apartment building and (or) other real estate property; (Para supplemented by federal law from 18.07.2006. N 111-FZ), 10) on the list of organizations carrying out major construction and other work (contractors);
11) about how to ensure the execution of Developer's obligations under the contract (information about the insurance contract or the contract of suretyship, including details of the relevant treaty, information about the guarantor or insurer (name, taxpayer identification number, primary state registration number, location), the object of shared construction, against whom the contract of insurance or a contract of suretyship); (Para supplemented by federal law from 18.07.2006. N 111-FZ) (As amended by the Federal law of 13.07.2015 N 236-FZ) 12) on other contracts and transactions on the basis of which involved money for building (creation) of a block of flats and (or) other property, except for the attraction of money resources on the basis of contracts. (Para supplemented by federal law from 18.07.2006. N 111-FZ)
2. at the request of the party shared construction Builder must submit for consultation: 1) a building permit;
2) feasibility study of the project of construction of multi-family homes and (or) other real estate property;
3) expert opinion of project documentation, if such examination is set by federal law; (As amended by the Federal law of 28/11/2011 N 337-FZ) 4) project documentation, which includes all the changes you made to it;
5) documents confirming the rights of the developer of the land.
Article 22. (Repealed-the Federal law from 16.10.2006 N 160-FZ), Article 23. Government Regulation, State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate objects 1. State regulation in the sphere of shared construction of dwelling houses and (or) other real estate objects is carried out in accordance with this federal law authorized federal body of executive power (hereinafter referred to as the authorized body), as well as other federal bodies of executive power within the limits of their competence.
2. State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate objects is carried out in accordance with this federal law authorized body of the Executive power of the constituent entities of the Russian Federation on the territory of which is carried out the construction (hereinafter supervisory authority).
3. The authorized body shall have the right to: 1) issue within its competence, normative legal acts necessary for the implementation of State regulation in the field of shared construction of dwelling houses and (or) other real estate objects;
2) to develop and publish methodological recommendations on the practice of State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate objects;
3) ask regulatory authorities documents and information necessary for the implementation of State regulation in the field of shared construction of dwelling houses and (or) other real estate objects;
4) exercise other powers stipulated by this federal law.
4. The authorized body shall coordinate the activities of federal executive authorities on the implementation of the State policy in the field of shared construction of dwelling houses and (or) other real estate objects, establishes the criteria according to which the citizens, whose funds held for multi-family housing and whose rights have been violated, are among the victims, and the rules of the supervisory authority of the register of such nationals.
5. Standards for evaluating the financial sustainability of the Builder shall be established by the Government of the Russian Federation.
6. The supervisory authority shall have the right to: 1) monitor the purposeful use of developer money paid by participants in share construction under a contract for the construction of (creating) apartment buildings and (or) other real estate objects in accordance with this federal law;

2) receive from a federal body of executive power, authorized to exercise functions of formation of official statistical information, documents and information necessary to supervise sub-contractors associated with attraction of funds of participants shared construction for building (creation) of houses and (or) other real estate objects;
3) receive from a federal body of executive power, authorized to exercise State cadastral registration of immovable property and the State real property cadastre, as well as the authorities responsible for the State registration of rights to real estate and transactions with it, documents and information necessary to supervise sub-contractors associated with attraction of funds of participants shared construction for building (creation) of houses and (or) other real estate objects;
4) obtain from those receiving funds for the construction of citizens, defined in article 11 of the Federal law of December 26, 2008 year N 294-FZ "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control" information and/or documents necessary for implementation of State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate objects and a list of which is set by State authorities of the constituent entities of the Russian Federation;
5) receive from local self-government bodies documents and information necessary for implementation of State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate objects (including documents related to the construction of multi-family homes and (or) other property);
6) receive quarterly statements from developer to implement activities related to the involvement of money participants share construction (creation) of houses and (or) other real estate objects, including the performance of their obligations under the treaties, on forms and in a manner established by the Government of the Russian Federation by the authorized federal body of executive power, as well as accounting records (including annual), compiled in accordance with the legislation of the Russian Federation;
7) oversee the developers associated with the attraction of funds of participants shared construction for building (creation) of houses and (or) other real estate objects;
8) to monitor compliance with the requirements of this federal law, including a request from the Central Bank of the Russian Federation information on compliance of the Bank with which a developer contract surety or insurance organization with which the insurance contract is concluded by the developer, the requirements of this federal law, as well as deal with complaints from citizens and legal persons associated with violations of this federal law; (As amended by the Federal law of 13.07.2015 N 236-FZ) 9) to persons, attracting funds of citizens for construction orders to eliminate violations of the requirements of this federal law, regulatory legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized body and to establish time frames for eliminating such violations;
10) take the necessary steps to bring the money-grabbing citizens (officials) to liability established by this federal law and the laws of the Russian Federation on administrative offences;
11) apply to the Court to protect the rights and legitimate interests of the participants shared construction;
12) exercise other powers stipulated by this federal law.
7. Supervising Authority recognizes, in accordance with established criteria by the authorized body of citizens, whose funds held for multi-family housing and whose rights have been violated, the victims and maintains a register of such persons.
8. the relations related to the implementation of the supervisory authority of State control (supervision) in the area of shared construction of dwelling houses and (or) other real estate sites, organizing and conducting inspections of legal persons is subject to the provisions of the Federal law dated December 26, 2008 year N 294-FZ "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control", taking into account the characteristics laid down in this article.

9. Subject to verification is respect for persons, attracting funds of citizens for construction, the mandatory requirements stipulated by this federal law and adopted in accordance with it, other regulatory legal acts of the Russian Federation.
10. Basis for the supervisory authority in the territory of the Russian Federation, which are under construction, routine inspection is the expiration of one year from the date of the person, involving the citizens ' money for construction, construction permit or from the end date of the last routine inspection of such person in the territory of the Russian Federation, which are under construction.
11. The reason for holding the unscheduled checks is: 1) failure to execute within the prescribed period the face of attracting funds for the construction of citizens issued by the controlling authority orders to eliminate violations of the requirements of this federal law, regulatory legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized body;
2) identification during the analysis of quarterly reporting developer to implement activities related to the involvement of money participants share construction (creation) of houses and (or) other objects of the real estate, financial statements (including annual), prepared in accordance with the legislation of the Russian Federation and (or) project of the Declaration signs breach the mandatory requirements established by the law on participation in share participation construction of apartment buildings and (or) other real estate objects;
3) admission to a supervisory authority applications and applications of citizens, including sole proprietors, legal persons, information from public authorities, local government bodies, the media, information and telecommunication network "Internet" on the facts of violations of the requirements of this federal law, regulatory legal acts of the President of the Russian Federation, normative legal acts of the Government of the Russian Federation, normative legal acts of the authorized body, acts of local self-government bodies;
4) order (the order) of the head (Deputy head) of the supervisory authority on holding unscheduled checks issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or the Supreme executive body of State power of the constituent entities of the Russian Federation in case of detecting violations of the mandatory requirements of this federal law and adopted in accordance with it, other regulatory legal acts of the Russian Federation;
5) Prosecutor on holding unscheduled checks under the supervision of the execution of the laws according to procuratorial bodies and appeals.
12. Unscheduled Loco on the basis specified in paragraph 4 of part 11 of this article, the responsible authority may be held immediately with the notice of the authority of the Prosecutor's Office in the manner prescribed by part 12 of article 10 of the Federal law of December 26, 2008 year N 294-FZ "on protection of rights of legal persons and individual entrepreneurs at carrying out of State control (supervision) and municipal control."
13. Prior notification to the person who raises funds for the construction of citizens to hold unscheduled on-site inspections on the ground specified in paragraph 4 of part 11 of this article, is not allowed.
14. a person attracts funds of citizens for construction, which seeks an injunction of the supervisory authority, in accordance with paragraph 9 of part 6 of this article, within three months from the date of circulation of the specified requirements may apply to the arbitral tribunal a statement of recognition of the specified regulations illegal. Recourse to the arbitral tribunal a statement of recognition of the specified regulations illegal does not suspend its execution. The treatment of such a statement, the procedure for its consideration and decision-making procedure on an application for the recognition of illegal prescriptions are defined by the law on proceedings in arbitration courts.
15. The supervisory authority may apply to the Arbitration Court to suspend for a definite period of developer activities related to attracting funds participants share construction (creation) of houses and (or) other real estate objects, if: 1) for more than thirty days delayed reporting under this federal law;
2) developer are not respected regulations the financial sustainability of its activities, established by the Government of the Russian Federation;

3) developer does not meet the requirements of participants shared construction of monetary obligations under part 1 of article 12-1 of this federal law and (or) fails to comply with the obligation to transfer the share construction object within three months from the date of onset and (or) the performance of such duties. While these requirements together should be not less than 100 thousand rubles;
4) were mediating the requirements of this federal law, as well as in accordance with these regulations, provided that within one year the developer applied two or more times under this federal law.
16. The supervisory authority may apply to the Arbitration Court to eliminate the person who raises funds for the construction of citizens, in the case of repeated or gross violation of the requirements of this federal law or adopted in accordance with it, other regulatory legal acts, as well as in other cases provided for by federal laws.
17. In case of appeal to the Court of arbitration of the statements provided for by parts 15 and 16 of this article, the supervisory authority within five working days from the date of entry into force of the decisions of the arbitral tribunal on the liquidation of a person who raises funds for the construction of citizens, or to suspend implementation of developer activities related to attracting funds participants share construction (creation) of houses and (or) other real estate objects is obliged to notify the authorities carrying out the State registration of rights to real estate and transactions therewith, on the entry into force of a court decision.
(Article in the Editorial Office of the Federal law dated 28.12.2013 g. N 414-FZ) Article 24. On amendments to the Federal law "on State registration of rights to real estate and transactions with it" to amend the Federal law dated July 21, 1997 N 122-ФЗ "about the State registration of rights to real estate and transactions with it" (collection of laws of the Russian Federation, 1997, no. 30, art. 3594; 2001, N 11, art. 997; N 16, art. 1533; 2002, N 15, art. 1377; 2003, N 24, art. 2244; 2004, N 27, art. 2711; N 30, art. 3081; N 35, St. 3607; (N) 45, St. 4377) as follows: 1 article 7, paragraph 1) supplemented by a paragraph reading as follows: "in the extract from the unified State Register of rights on land on which to create the object of immovable property comprising residential and non-residential premises, are subjects of shared construction participation in contracts, in addition to information about the mortgage specifies the presence of the contracts registered participation in share participation construction with a list of objects share construction as well as brand names (names) of legal persons-participants shared construction, surnames, names, patronymics of natural persons-participants shared construction. ";
2) supplement article 25-1 to read: "article 25-1. State registration of participation in share construction agreements 1. Registration of agreements on participation in share participation construction along with the documents required for the State registration in accordance with this federal law, documents describing an object shared construction indicating its location in terms of real estate object being created and planned square share construction object.
2. the State registration of the contract of participation in share participation construction concluded developer first party share construction, is carried out on the basis of the statements of the parties to the Treaty (the Builder, share construction). For State registration of the contract of participation in share participation construction concluded developer first party share construction, along with the documents required for the State registration of the contract of participation in share participation construction in accordance with this federal law, the Builder submitted: 1) a building permit;
2) project Declaration;
3) plan created a real estate object indicating the location and number of the composition of the object being created real estate residential and non-residential premises and the planned area of each of the premises.
3. recording on the contract of participation in share participation construction (about his change of termination of the assignment of the right of claim under this Agreement), the State registration of which is set by federal law, is entered into the transactions containing records of subsection III of section opened on land on which is built the real estate object in order share construction, the unified State Register of rights. When the State registration of the contract of participation in share participation construction in a specified subkey entry also on arising under federal law, mortgage of land or mortgaged lease rights with an indication in the column "special notes" spread right mortgage on immovable property object that is created.

4. The request for amendment in the unified State Register of rights record of termination of participation in share participation construction may be represented by one of the parties to the contract of participation in share participation construction with the application of documents confirming the termination of the contract. State registration body when submitting the statement of one of the parties to such a treaty during the working day must, in writing, notify the other party of the contract.
Article 25. Amending the code of administrative offences of the Russian Federation to amend the code of the Russian Federation on administrative offences (collection of laws of the Russian Federation, 2002, N 1, p. 1; N 18, art. 1721; N 30, art. 3029; N 44, art. 4295; 2003, no. 27, art. 2700, 2708, 2717; N 46, art. 4434, 4440; N 50, art. 4847, 4855; 2004, no. 30, art. 3095; N 31, art. 3229; N 34, art. 3529, 3533; N 44, art. 4266) as follows: 1) second paragraph of part 3 of article 2.2, after the words "for the protection of the environment Wednesday," add the words "on participation in share participation construction of apartment buildings and (or) other real estate";
2) part 1 of article 4.5, after the words "of elections and referendums," add the words "on participation in share participation construction of apartment buildings and (or) other real estate";
3) Chapter 14 supplement article 1.09 as follows: "article 14.28. Violation of the requirements of the law on participation in share participation construction of apartment buildings and (or) other real estate objects 1. Raising funds from citizens for the purpose of construction of apartment houses a person not authorized to do so in accordance with the law on participation in share participation construction of apartment buildings and (or) other properties-is fined by administrative fine for officials in the amount of one hundred and fifty to two hundred minimum wages; for legal entities-from four thousand to five thousand times the minimum wage.
2. publication in the media and (or) accommodation in information and telecommunications networks Developer project Declaration (including amendments thereof) containing incomplete and/or incorrect information, providing the developer incomplete and/or inaccurate information, publication, posting, or which by law on participation in share participation construction of apartment buildings and (or) other real estate objects, as well as violation of the terms of issuance and (or) placement project declaration or amendments thereof-is fined by administrative fine in the amount of officials from one hundred to one hundred and fifty times the minimum wage; for legal entities-from three thousand to four thousand times the minimum wage.
3. failure to submit in due time a body performing control and supervision in the field of shared construction of dwelling houses and (or) other real estate sites, reporting in cases stipulated by the law on participation in share participation construction of apartment buildings and (or) other real estate objects, as well as reporting, contains false information, is fined by administrative fine on officials of from one hundred to one hundred and fifty times the minimum wage; for legal entities-from one to two thousand times the minimum wage. ";
4) article 19.5 supplement a part 4 to read as follows: "4. Failure to comply with the legal requirements within the prescribed period the authority exercising control and supervision in the field of shared construction of dwelling houses and (or) other properties-is fined by administrative fine on officials of from one hundred to one hundred and fifty times the minimum wage; for legal entities-from one to two thousand times the minimum wage. ";
5) Chapter 23 supplement article 23.64 as follows: "Article 23.64. Bodies vested with supervisory and oversight powers in the field of shared construction of dwelling houses and (or) other real estate objects 1. Bodies vested with supervisory and oversight powers in the field of shared construction of dwelling houses and (or) other real estate objects, consider cases on administrative offences, prescribed by article and paragraph 4 of article 1.09 12.1 of this code.
2. To consider cases on administrative offences on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to: 1) head of federal body of executive power, exercising control and supervision in the field of shared construction of dwelling houses and (or) other real estate objects, his deputies;
2) heads of structural subdivisions of the federal body of executive power, exercising control and supervision in the field of shared construction of dwelling houses and (or) other real estate objects and their deputies;
3) heads of territorial bodies of the Federal Executive Body, exercising control and supervision in the field of shared construction of dwelling houses and (or) other real estate objects, their deputies. "
Article 26. On amendments to the Federal law "on mortgage (mortgage)"

The first sentence of the second paragraph of paragraph 2 of article 20 of the Federal law dated July 16, 1998 N 102-ФЗ "about mortgages (mortgage)" (collection of laws of the Russian Federation, 1998, no. 29, article 3400; 2002, no. 7, p. 629; 2004, N 27, article 2711; (N) 45, St. 4377) worded as follows: "the State registration of the hypothec at law is carried out simultaneously with State registration of ownership of a person whose rights are burdened by mortgage, unless otherwise stipulated in the Federal law.
Article 27. The entry into force of this federal law 1. This federal law shall enter into force three months after the date of its official publication.
2. The effect of this federal law apply to the relations, connected with attraction of funds of participants shared construction for building (creation) of houses and (or) other real estate objects, building permits which were received after the entry into force of this federal law.
3. the provisions of part 3 of article 4 and part 3 of article 13 hereof shall not apply to cases of government contracts for the purchase of premises in accordance with article 20-1 of the Federal law dated July 21, 2007 year N 185-ФЗ "about the Fund and public utilities reform assistance. (Part is supplemented by federal law from 17.07.2009 N 147-FZ), the President of the Russian Federation v. Putin in Moscow, the Kremlin December 30, 2004 N 214-FZ

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