FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 1, 2018 No. 175-FZ

About introduction of amendments to the Federal law "About Participation in Shared-equity Construction of Apartment Houses and Other Real Estate Objects and about Modification of Some Legal Acts of the Russian Federation" and separate legal acts of the Russian Federation

Accepted by the State Duma on June 21, 2018

Approved by the Federation Council on June 27, 2018

Article 1

Bring in the Federal Law of December 30, 2004 No. 214-FZ "About participation in shared-equity construction of apartment houses and other real estate objects and about modification of some legal acts of the Russian Federation" (The Russian Federation Code, 2005, No. 1, Art. 40; 2006, No. 30, Art. 3287; No. 43, Art. 4412; 2008, No. 30, Art. 3616; 2009, No. 29, Art. 3584; 2010, No. 25, Art. 3070; 2011, No. 49, Art. 7015, 7040; 2012, No. 29, Art. 3998; No. 53, Art. 7619, 7643; 2013, No. 30, Art. 4074, 4082; No. 52, Art. 6979; 2014, No. 26, Art. 3377; No. 30, Art. 4225; 2015, No. 29, Art. 4362; 2016, No. 18, Art. 2515; No. 27, Art. 4237, 4294; 2017, No. 27, Art. 3938; No. 31, Art. 4767, 4816; 2018, No. 1, Art. 90) following changes:

1) regarding the 2nd Article 1:

a) declare Item 2 invalid;

b) state Item 3 in the following edition:

"3) are created by housing cooperatives which perform construction on the parcels of land provided to them in gratuitous fixed-term use from municipal property or state-owned property including according to the Federal Law of July 24, 2008 No. 161-FZ "About assistance to development of housing construction" or according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)".";

2) in Article 3:

a) in part 1.1 the first offer to add with words ", or within several construction licenses according to the development plan for a land plot or the approved site planning of the territory, or within one or several construction licenses on one or several parcels of land located in borders of the built-up territory concerning which the agreement on development of the built-up territory, or the territory concerning which the agreement on complex development of the territory or the agreement on complex development of the territory is signed (further is signed - several construction licenses)", in the second offer of the word "construction (creation) of apartment houses and (or) other real estate objects according to several construction licenses" shall be replaced with words "activities for several agreements on development of the built-up territory, and (or) agreements on complex development of the territory, and (or) to agreements on complex development of the territory";

b) add with part 1.2 following of content:

"1.2. The builder has the right to perform construction (creation) of apartment houses and (or) other real estate objects within one or several construction licenses with attraction of money of participants of shared-equity construction under condition:

1) fulfillment of requirements of part 4 of this Article;

2) placements of money of participants of shared-equity construction on escrow accounts according to the procedure, the stipulated in Article 15.4 presents of the Federal Law.";

c) in part 2:

add Item 1.2 with words ", or availability for the specified date of the credit agreement signed by the builder with authorized bank providing authorized bank to the builder of purpose-oriented loan on construction (creation) of the apartment house and (or) other real estate object which part objects of shared-equity construction, in the amount of at least forty percent from project construction cost are";

add Item 1.3 with the words "or several construction licenses and (or) provided by the main society of the builder of target loans on the purposes provided by this part in the amount of, not exceeding twenty percent from project construction cost on each of the issued construction licenses provided that percent on such loan do not exceed the key interest rate of the Central bank of the Russian Federation operating for date of the conclusion of the loan agreement increased by two percent points (further-target loan)";

to add Item 1.5 after the words "construction licenses" with the words "or several construction licenses", shall be replaced with words the words "construction costs" "construction costs. This rule is not applied to obligations of the builder on remedial action of object of shared-equity construction according to article 7 of this Federal Law";

add Item 1.6 with the words "or several construction licenses";

add with Item 1.8 of the following content:

"1. 8) the builder observes standard rates of financial stability;";

add Item 3 with words ", except as specified, provided by the specified Federal Law";

in Item 7 after the words "calendar year" to add with words "which size on the last reporting date is equal to the cumulative size of requirements to the debtor - the legal entity or exceeds it that No. 127-FZ "About insolvency (bankruptcy)" is condition for initiation of proceeedings about bankruptcy according to the Federal Law of October 26, 2002, the words "for date of the direction of the project declaration in the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law it is not accepted" cannot be shall be replaced with words "or the term of appeal established by the legislation of the Russian Federation specified shortages, debts did not expire. This rule is not applied in the cases provided by the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";

in Item 8 to exclude the word "prevailing", the words "twenty five percent" shall be replaced with words "five percent";

d) in part 2.2 "citizens -" to exclude the word;

e) state part 2.3 in the following edition:

"2.3. For the purpose of implementation of the activities provided by this Federal Law, the builder, the technical customer performing works according to the agreement signed with the builder, and the prime contractor performing works according to the construction contract signed with the builder shall open bank accounts in the same authorized bank and perfrom calculations among themselves only with use of the specified accounts. The builder has the right to have only one settlement account (further - the settlement account of the builder). If the builder raises money of participants of shared-equity construction for construction (creation) of one or several apartment houses and (or) other real estate objects within several construction licenses, such builder shall have the separate settlement account concerning each construction license. The bank account agreement (bank accounts) joins condition about the consent of the client to provision by authorized bank

information provided by this Federal Law, to the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law, and the non-profit organization specified regarding 1 article 23.2 of this Federal Law. Transactions on write-off of funds from the bank account (bank accounts) of the builder are performed by authorized bank according to the requirements specified in article 18.2 of this Federal Law.";

e) add with part of 2.3-1 following content:

"2.3-1. The builder has the right to terminate bank account agreement with authorized bank, in this case the builder and other persons specified in part 2.3 of this Article shall open bank accounts in other authorized bank and transfer all cash amounts to new bank accounts. The builder no later than one working day from the date of opening of the new bank account notifies on it bank in which the bank account, and the other persons specified in part 2.3 of this Article was opened. After obtaining from the builder of the notification the authorized bank has no right to perform operations according to the settlement account of the builder, except for transactions which orders about carrying out arrived about one day or in day of receipt of the adequate notice about transaction on money transfer on the new settlement account of the builder. Data on opening or on closing of the settlement account of the builder are subject to placement by the builder in the unified information system of housing construction specified in article 23.3 of this Federal Law with indication of number of the settlement account, the name of authorized bank and its identifiers (identification taxpayer number, the primary state registration number) no later than one working day from the date of opening or closing of the settlement account of the builder.";

g) state part 2.6 in the following edition:

"2.6. The authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law shall send to the federal executive body and its territorial authorities performing the state cadastral registration, state registration of the rights, maintaining the Single state real estate register and provision of the data containing in the Single state real estate register (further - body of registration of the rights), the notification:

1) about absence at the builder of the right to raise money of participants of shared-equity construction on construction (creation) of apartment houses - no later than one working day following behind day of factual determination of discrepancy of the builder to the requirements specified in part 1.1, Items 1, 1.2 - 1.7, 2 - 6 parts 2 of this Article and (or) uses of money by the builder for the purpose of, not stipulated in Article the 18th this Federal Law;

2) about absence at the builder of the right to raise money of participants of shared-equity construction on construction (creation) of apartment houses - not earlier than five working days, but no later than seven working days from the date of the direction in personal account of the builder of the notification on factual determination of discrepancy of the builder to the requirements specified in Items 1. 1, 1.8, 7 and 8 of part 2 of this Article which goes to personal account of the builder no later than three working days from the date of factual determination of discrepancy of the builder to the requirements provided by this Item;

3) about non-execution of obligation by the builder on transfer to the participant of shared-equity construction of object of shared-equity construction under the registered agreement of participation in shared-equity construction - within six months from the date of approach of such obligation;

4) about compliance of the builder to the requirements specified in parts 1.1 and 2 of this Article - no later than one working day following behind day of factual determination of compliance of the builder to the specified requirements.";

h) in part 5 to replace the word of "five" with the word of "thirty";

3) in Article 3.1:

a) state part 1 in the following edition:

"1. The builder raising money of participants of shared-equity construction provides open entry to information (opens information) provided by this Federal Law, way of placement it in the unified information system of housing construction specified in article 23.3 of this Federal Law. Information is considered to the specified system opened after its placement in.";

b) in part 2:

the paragraph one to state in the following edition:

"2. The builder raising money of participants of shared-equity construction shall open the following information:";

in Item 5 of the word "and to the rules established according to part 2 of article 4 of this Federal Law" to exclude;

in Item 6 of the word "data on payment by the builder of obligatory contributions (fees) to compensation fund or" to exclude, add with the words "in case of placement of such means on escrow accounts";

add with Items 9 - 15 following contents:

"9) development plan for a land plot;

10) the scheme of the planning organization of the parcel of land executed according to information specified in the development plan for a land plot with designation of the site area of capital construction, entrances and passes to it, borders of action areas of public servitudes, objects of archaeological heritage;

11) the document containing information on calculation of the size of own means and standard rates of financial stability of the builder;

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