FEDERAL LAW OF THE RUSSIAN FEDERATION

of December 25, 2018 No. 478-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 December 19, 2018

Approved by the Federation Council on December 21, 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; 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; 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; 2017, No. 27, Art. 3938; No. 31, Art. 4767, 4816; 2018, No. 1, Art. 90; No. 28, Art. 4139; No. 31, Art. 4861) following changes:

Part 4 of Article 1 to state 1) in the following edition:

"4. Operation of this Federal Law extends to the relations connected with attraction of money of citizens and legal entities for shared-equity construction of apartment houses and (or) other real estate objects and arising in communication:

1) with renovation of housing stock in the subject of the Russian Federation - the federal city of Moscow, taking into account the features provided by the Law of the Russian Federation of April 15, 1993 No. 4802-1 "About the status of the capital of the Russian Federation";

2) with settlement of obligations of the builder to participants of shared-equity construction and transfer of its property (including property rights) and obligations of unitary non-profit organization in the form of business of fund created according to the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation", taking into account the features provided by this Federal Law, the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" The Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation".";

2) in Article 2:

a) in Item 1:

in the paragraph the second to replace the word of "ten" with the word of "five";

the fifth to add the paragraph with words ", or the unitary non-profit organization in form of business of fund created according to the Federal Law of July 29, 2017 No. 218-FZ "About the public company on protection of the rights of citizens - participants of shared-equity construction in case of insolvency (bankruptcy) of builders and about modification of separate legal acts of the Russian Federation";

b) add with item 4 of the following content:

"4) purpose-oriented loan (target loan) - the credit or loan for construction (creation) of the apartment house and (or) other real estate object in accordance with the terms of the agreement signed between the builder and the creditor (bank or the founder (participant) of builder) who can be used only on the purposes specified regarding 1 article 18 of this Federal Law, or the loan granted for the purpose of refinancing (loaning up) specified in this Item of the credit or loan. At the same time the target loan granted by all founders (participants) of builder shall not exceed twenty percent from the planned construction cost (creation) of apartment houses and (or) other real estate objects specified in the project declaration according to Item 10 of part 1 of article 21 of this Federal Law (further - project construction cost), on each of the issued construction licenses provided that percent on such target 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.";

3) in Article 3:

a) to add part 1.1 after the words "perform activities" with the words "on attraction of money of participants of shared-equity construction for construction (creation) of the real estate objects specified in this part according to several development plans for a land plot or the approved site plannings of the territory or";

b) in paragraph one of part 1.2 of the word "under condition" shall be replaced with words "in case of observance of one of conditions";

c) in part 2:

in Item 1.1 of the word "the planned construction cost (creation) of apartment houses and (or) other real estate objects specified in the project declaration according to Item 10 of part 1 of article 21 of this Federal Law (further - project construction cost)" shall be replaced with words "project construction cost";

Item 1.3 after the words "except for purpose-oriented loans" to add with words "(target loans)", words", and (or) the target loans provided by the main society of the builder 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 exclude;

d) add with part of 2.2-1 following content:

"2.2-1. For the purpose of financing of actions for completion of construction of facilities of construction in progress according to the procedure, No. 127-FZ established by articles 201.8-1 and 201.8-2 of the Federal Law of October 26, 2002 "About insolvency (bankruptcy)", the builders who are not conforming to requirements of part 2 of this Article having the right to sign agreements of participation in shared-equity construction and of such builders do not extend requirements of part 1.2 of this Article.";

e) add part 2.3 with the offer of the following content: "At the same time the number of settlement accounts of builders shall not exceed the number of construction licenses.";

e) regarding 2.3-1 word of "adequate notice" shall be replaced with words "the corresponding order";

4) in Article 4:

a) to "development" to add part 10 after the word with the words "and realization";

b) the paragraph one of part 10.1 after the word to "development" to add with the words "and realization";

5) in Article 13:

a) add part 1 with the offer of the following content: "Rules of this Article are not applied in case of the conclusion of agreements of participation in shared-equity construction according to the procedure, the stipulated in Article 15.4 presents of the Federal Law.";

b) to declare Item 3 of part 6 invalid;

c) in part 7 of the word of "repayment of the loan" shall be replaced with words "return of purpose-oriented loan";

d) regarding 7.1 words "from banks credits" shall be replaced with words "from banks purpose-oriented loans";

6) in Article 15.4:

a) add with part 1.1 following of content:

"1.1. If the construction (creation) of the apartment house and (or) other real estate object is performed by the builder at the expense of means of purpose-oriented loan, participants of shared-equity construction deposit money on account of payment of the price of contracts of participation in shared-equity construction for the escrow accounts opened in authorized bank which granted such purpose-oriented loan.";

b) add with part 1.2 following of content:

"1.2. In case of the conclusion the builder of the agreement of the loan granted for the purpose of refinancing (loaning up) of the purpose-oriented loan specified in part 1.1 of this Article, participants of shared-equity construction under the agreements of participation in shared-equity construction signed after day of the conclusion of the agreement of the credit specified in this part deposit money on account of payment of the price of contracts of participation in shared-equity construction for the escrow accounts opened in authorized bank with which the builder signed the agreement of the loan granted for the purpose of refinancing (loaning up) of the purpose-oriented loan specified in part 1.1 of this Article.";

c) add with part 7.1 following of content:

"7.1. The builder notifies authorized bank in which escrow accounts of participants of shared-equity construction are opened, about approach of stipulated in Item 1 part 7 of this Article of the basis for refusal unilaterally of the participant of shared-equity construction from the agreement of participation in shared-equity construction and places the relevant information in the unified information system of housing construction specified in article 23.3 of this Federal Law within five working days after day of approach of such basis.";

d) in part 9 "target" to exclude the word;

7) in Article 15.5:

a) in part 9 of the word "shall send to the e-mail address eskrou-agent specified in the agreement of participation in shared-equity construction, the notification" shall be replaced with words "places in the unified information system of housing construction specified in article 23.3 of this Federal Law, the data";

b) in part 12 of the word "The Creditor Specified in Item 1 of Part 7 of Article 15.4 of This Federal Law Informs the Participant" shall be replaced with words "Authorized bank in which the escrow account of the participant of shared-equity construction is opened informs such participant", after words of "approach of such basis" to add with the words "or receipts of the notification from the builder if creditor of builder is other person";

8) in Article 18:

a) in part 1:

in Item 1 of the word "provided that the construction (creation) of the specified apartment houses and (or) other real estate objects is performed within one construction license or several construction licenses" to exclude;

in Item 7 of the word of "Federal Law" shall be replaced with words "The Federal Law. At the same time the amount of the payments which are subject to implementation according to the construction project of one apartment house and (or) other real estate object or several apartment houses and (or) other real estate objects within one construction license (further - the construction project) realized based on this agreement is established by the builder independently proceeding from settlement total amount of money, subject to payment under this agreement, in proportion to the planned cost of each construction project and it is specified in the project declaration according to Item 10.1 of part 1 of article 21 of this Federal Law";

in Item 8 of the word of "Federal Law" shall be replaced with words "The Federal Law. At the same time the amount of the payments which are subject to implementation according to the construction project realized based on these agreements is established by the builder independently proceeding from settlement total amount of money, subject to payment under these agreements, in proportion to the planned cost of each construction project and it is specified in the project declaration according to Item 10.1 of part 1 of article 21 of this Federal Law";

to "credits" to add Item 10 after the word with words ", other payments provided by the credit agreement including connected with loan granting and (or) interest payment and repayment of the main amount of debt on target loans (except for penalties (penalty, penalty fee) for breach of agreement of target loan)";

add Item 12 with words "provided that money and percent added on such deposit are subject to return on the settlement account of the builder from which the specified money was placed";

add Item 17 with the words "if payment of such taxes and fees is provided by the Federal Laws";

add with Item 19.1 of the following content:

"19. 1) payment of the expenses connected with content of residential and (or) non-residential premises, parking places including payment for utilities, in the apartment house and (or) other real estate object for which construction funds of participants of shared-equity construction were raised, from the date of receipt of permission to commissioning of such real estate objects if the property right to the specified rooms is not registered;";

b) in Item 2 of part 3 of the word "within one construction license or several construction licenses" to exclude;

c) to add part 4 after the word "size" with the word of "all", to add with the offer of the following content: "At the same time the builder independently determines the amount of advance payments by each agreement taking into account the restriction determined by this part.";

d) state part 5 in the following edition:

"5. The builder shall provide accounting of the money paid by participants of shared-equity construction, and construction costs separately concerning each apartment house and (or) other real estate object specified in Item of 1 part of 1 this Article.";

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