FEDERAL LAW OF THE RUSSIAN FEDERATION

of June 27, 2019 No. 151-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 19, 2019

Approved by the Federation Council on June 26, 2019

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; No. 28, Art. 4139; No. 31, Art. 4861; No. 53, Art. 8404) following changes:

1) in Article 1:

a) in paragraph one of part 2 of the word "premises in apartment houses" shall be replaced with words "rooms in apartment houses and (or) other real estate objects";

b) in part 2.1 the first offer to add with words ", including the offer and sale of securities to citizens as a result of implementation of the rights according to which in accordance with the terms of issue of the specified securities or terms of the contract of trust management of mutual investment fund the citizen will acquire the right to require room apportionment in the apartment house and (or) other real estate object which at the time of attraction of money of citizens for construction are not put into operation", in the second offer of the word "part 2 of this Article" shall be replaced with words "this Article";

c) add part 4 with Item 3 following of content:

"3) 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 by the subject of the Russian Federation for realization of the purposes specified in this Item taking into account the features provided by this Federal Law and the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)" (further - Fund of the subject of the Russian Federation).";

2) in Article 2:

a) the fifth Item 1 to add the paragraph with words ", and also the Fund of the subject of the Russian Federation specified in Item 3 of part 4 of article 1 of this Federal Law";

b) add with Item 2.1 of the following content:

"2. 1) the construction project - the construction project of the apartment house and (or) other real estate object or several apartment houses and (or) other real estate objects which construction is performed within one construction license;";

c) in item 4 of the word of "percent point". shall be replaced with words "percent point. The restrictions on the purposes of use of means of purpose-oriented loan (target loan) and the size of target loan specified in this Item are not applied if the builder performs construction (creation) of apartment houses and (or) other real estate objects with attraction of money of participants of shared-equity construction on condition of placement of such money on escrow accounts according to the procedure, the stipulated in Article 154 presents of the Federal Law;";

d) add with Item 5 of the following content:

"5) authorized bank in the field of housing construction - the bank created in accordance with the legislation of the Russian Federation and determined by the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation".";

3) in Article 3:

a) 2.3-1 after the words "specified in article 23.3 of this Federal Law" to add part with words "(further - unified information system of housing construction, system)";

b) add with parts 2.3-2 and 2.3-3 of the following content:

"2.3-2. The builder has the right to terminate bank account agreement with authorized bank before commissioning of the apartment house and (or) other real estate object if the builder makes the decision not to raise money of participants of shared-equity construction for construction (creation) of the apartment house based on the agreement of participation in shared-equity construction and the builder has no obligations to participants of shared-equity construction. The bank account agreement with authorized bank cannot be terminated if the builder is claimant or the defendant in legal proceedings which subject are disputes over the obligations of the builder which arose after the opening day of the bank account in authorized bank before authorized bank or participants of shared-equity construction. The bank account agreement with authorized bank cannot be also terminated if the enforcement proceeding according to the obligations of the builder specified in this part is not ended. In case of agreement cancelation of the bank account on the bases provided by this part the provisions provided by part of 23-1 this Article are not applied.

2.3-3. In case of exception the Bank of Russia of authorized bank from the list of the banks corresponding to the criteria established by the Government of the Russian Federation, the builder terminates bank account agreement with such bank unilaterally. In this case the builder and other persons specified in part 23 of this Article shall open bank accounts in other authorized bank and transfer all cash amounts to new bank accounts no later than thirty working days from the date of placement by the Bank of Russia of information on exception of authorized bank of the specified list of banks. Before obtaining from the builder of the notification on opening of the new bank account in authorized bank the bank which is excluded by the Bank of Russia from the list of banks specified in this part and in which the settlement account of the builder is opened controls compliance of appointment and the amount of the payment specified at the disposal of the builder, to contents of the documents submitted by the builder and which are the basis for creation of the order and requirements of article 18 of this Federal Law according to the procedure, the stipulated in Clause 182 presents of the Federal Law. After obtaining from the builder of the notification specified in this part such 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 corresponding order about transaction on money transfer on the new settlement account of the builder.";

c) in Item 2 of part 2.6 of the word "from the date of the direction in personal account of the builder of the notification" shall be replaced with words "from the date of the direction to the builder through its personal account in unified information system of housing construction of the notification", to exclude the words "in personal account of the builder";

d) part 4 after words "transfer of premises," to add with words "the non-residential premise determined by subitem 3.1 of Item 1 of article 201.1 of the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)", and the parking place,";

4) in Article 3.1:

a) regarding 1 word", specified in article 233 of this Federal Law" to exclude;

b) in Item 2 words "Items 1, of 3, 5" shall be replaced with words 2 parts "Item 1";

c) regarding 2.1 figures "5," to exclude 3,;

d) state part 3 in the following edition:

"3. Information specified in Items 1, of 2, of 6, 9 - 11 parts 2 of this Article is subject to placement in unified information system of housing construction to the direction on state registration of the first agreement of participation in shared-equity construction of the apartment house and (or) other real estate object.";

e) add with parts 3.1 and 3.2 of the following content:

"3.1. Information specified in Items 12, of 13, 14 parts 2 of this Article is subject to placement in unified information system of housing construction no later than three working days from the date of approach of the corresponding event.

3.2. The photos specified in Item 8 of part 2 of this Article are subject to placement in unified information system of housing construction monthly. The data specified in Item 11 of part 2 of this Article are subject to placement by the builder in the specified system on quarterly basis along with placement of intermediate accounting (financial) records.";

e) regarding 4 words", specified in article 23.3 of this Federal Law," to exclude;

g) in part 6 of the word "completeness and reliability" shall be replaced with words "incompleteness and (or) unauthenticity";

5) in Article 4:

a) add part 3 with the offer of the following content: "The agreement can be signed in electronic form, signed by the strengthened qualified digital signature.";

b) add with part 3.1 following of content:

"3.1. Requirements to electronic form of the agreement, the agreement on introduction of amendments to the agreement, agreements (agreement) on concession of the rights of agreement requirements of participation in shared-equity construction, including requirements to format and filling of forms of such documents, are established by the federal executive body performing functions on normative legal regulation in the field of state registration of the rights to real estate and transactions with it.";

c) to state Item 5 of part 4 in the following edition:

"5) one of conditions of attraction of money of participants of shared-equity construction:

a) discharge of duty on payment of contributions (fees) to compensation fund;

b) placement 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;";

6) in Article 11:

a) add part 2 with the offer of the following content: "If the agreement (agreement) on concession of the rights of agreement requirements is signed in electronic form, the rules established by parts 3 and 3.1 of article 4 of this Federal Law are applied to it.";

b) add with part 5 of the following content:

"5. The contract of assignment of rights to claim of penalty, penalty (penalty fee) is not subject to state registration.";

7) in Article 13:

a) 1 after the words "and (or) other real estate object" to add part with the words "taking into account the features provided by part of 21 these Articles";

b) add with part 2.1 following of content:

"2.1. When implementing by the builder of activities for attraction of money of participants of shared-equity construction under the agreements of participation in shared-equity construction provided on state registration after July 1, 2019 concerning the apartment house and (or) other real estate object if agreements of participation in shared-equity construction were signed with participants of shared-equity construction of such real estate objects till July 1, 2019 or if the builder is declared bankrupt and concerning it bankruptcy proceedings are opened, the pledge of the parcel of land provided by parts 1 and 7 of this Article in case of the Section of the specified parcel of land remains concerning the formed parcel of land on which are under construction (are created) or are constructed the apartment house and (or) other real estate object for which construction (creation) funds of participants of shared-equity construction are raised (are created), also stops concerning the changeable parcel of land which as a result of its Section remains in the changed borders. For the Section of the parcel of land in the cases provided by this part receipt of consent of participants of shared-equity construction (pawnbrokers) and bank if other is not provided by the contract with such bank, is not required. Rules of this part are applied also to pledge of the right of lease, the right of the sublease of the parcel of land. The public authority or local government body authorized on provision of the parcel of land which is in the state-owned or municipal property shall no later than seven working days from receipt date from the builder of the corresponding statement in time to make the actions provided by the land legislation necessary for the state cadastral registration and state registration of the rights to the formed and changed parcels of land.";

8) in Article 15.4:

a) add with part of 1.1-1 following content:

"1.1-1. 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 the purpose-oriented loan granted under the agreement of syndicated loan (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 (authorized banks) - the member (participants) of syndicate of creditors defined by such agreement of syndicated loan (loan).";

b) regarding 1.2 words "specified in part 1.1" shall be replaced with words "specified in parts 1.1 and 1.1-1";

c) add with part 1.3 following of content:

"1.3. 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, in case of exception the Bank of Russia of authorized bank from the list of the banks corresponding to the criteria established by the Government of the Russian Federation, participants of shared-equity construction deposit money on account of payment of the price of the agreements of participation in shared-equity construction signed concerning such apartment house and (or) other real estate object after day of exception by the Bank of Russia of authorized bank from the specified list of banks on the escrow accounts opened in such authorized bank. If the construction (creation) of the apartment house and (or) other real estate object is performed by the builder without attraction of financial resources of purpose-oriented loan, in case of exception the Bank of Russia of authorized bank from the specified list of banks participants of shared-equity construction deposit money on account of payment of the price of the agreements of participation in shared-equity construction signed concerning such apartment house and (or) other real estate object after day of exception by the Bank of Russia of authorized bank from the specified list of banks on the escrow accounts opened in other authorized bank.";

d) to add part 4 after figures "18 - 18.2" with words ", parts 2.1 - 2.3 Articles 19";

e) recognize part 5 invalid;

e) regarding 7.1 words", specified in article 23.3 of this Federal Law," to exclude;

g) in part 8 of the word "based on the contract with authorized bank" shall be replaced with words "based on the agreement signed by the builder with authorized bank";

h) to add part 9 after the words "and (or) non-residential premises" with the words "and (or) parking places";

9) in Article 15.5:

a) in part 6 of the word", specified in article 23.3 of this Federal Law," to exclude;

b) add with part 7.1 following of content:

"7.1. The authorized bank (eskrou-agent) has the right to refuse the agreement of escrow account unilaterally in case of not introduction of money on escrow account within more than three months from the date of the conclusion of such agreement.";

c) in part 8 the second offer to state in the following edition: "The agreement of escrow account shall contain information on the bank account of the depositor on which money, and also information on the pawnbroker and details of the pledged account on which the eskrou-agent lists money is listed if the agreement of participation in shared-equity construction contains specifying on use by the participant of shared-equity construction of borrowed funds for payment of the price of the agreement of participation in shared-equity construction.", to add with the offer of the following content: "In case of not receipt of the statement from the pawnbroker for money transfer on the pledged account of the depositor specified in the statement within fourteen working days from the date of placement in unified information system of housing construction of the data specified in part 9 of this Article, money is transferred into the pledged account specified in the agreement of escrow account or in case of lack of specifying in the contract of participation in shared-equity construction for use by the participant of shared-equity construction of borrowed funds for payment of the price of such agreement money no later than three working days from the date of placement in unified information system of housing construction of the data specified in part 9 of this Article is transferred into the bank account of the depositor specified in the agreement of escrow account if other is not provided by the Federal Law of December 29, 2006 No. 256-FZ "About additional measures of the state support of the families having children".";

d) in part 9 of the word", specified in article 23.3 of this Federal Law," to exclude;

10) regarding 1 Article 18:

a) in Item 7 of the word "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)" to exclude;

b) in Item 16 of the word "in cases, stipulated in Article the 9th this Federal Law" shall be replaced with words "in case of agreement cancelation of participation in shared-equity construction";

c) add with Item 19.2 of the following content:

"19. 2) payment of the expenses connected with implementation of the state cadastral registration of the apartment house and (or) other real estate object for which construction money of participants of shared-equity construction was raised;";

11) in Article 19:

a) in part 2 after the words "go the builder" to add with the words "through its personal account in unified information system of housing construction", "on the website of the unified information system of housing construction specified in article 233 of this Federal Law on the Internet to exclude words;

b) add with part of 2.1-1 following content:

"2.1-1. The conclusion about compliance of the builder and the project declaration to the requirements established by parts 1.1 and 2 of Article 3, Articles 3. 2, 20 and 21 presents of the Federal Law, or the refusal in issue of such conclusion is issued by the authorized body of the executive authority of the subject of the Russian Federation specified regarding the 2nd article 23 of this Federal Law with use of unified information system of housing construction in the form of the electronic documents signed by the strengthened qualified signature.";

c) to add part 2.2 after the words "established by parts 1.1 and 2 of Article 3" with words ", Article 3.2";

d) recognize part 3 invalid;

e) add part 4 with words ", except as specified, provided by part 4.1 of this Article";

e) add with part 4.1 following of content:

"4.1. Monthly no later than the 10th following for reporting the builder shall make the changes concerning data, stipulated in Item 11.2 parts 1 of article 21 of this Federal Law to the project declaration.";

g) state part 6 in the following edition:

"6. The project declaration with the changes made to it specified in parts 4 and 5 of this Article within five working days from the date of modification of the project declaration is subject to placement by the builder in unified information system of housing construction and to the direction through personal account of the builder in unified information system of housing construction 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, with use of the strengthened qualified digital signature by filling of electronic form of the project declaration with the made changes.";

12) in Article 20:

a) add part 1 with Item 3.2 of the following content:

"3. 2) about the physical and (or) legal entities entering in accordance with the legislation of the Russian Federation about protection of the competition one group of persons to the builder with indication of the following data:

a) the data allowing to identify person (for physical person - surname, name, middle name (in the presence), nationality and the residence, for the legal entity - form of business, the primary state registration number and identification taxpayer number);

b) the basis on which person enters in accordance with the legislation of the Russian Federation about protection of the competition one group of persons to the builder;";

b) the paragraph one of part 2 after the words "The Builder Shall" to add with words "if the documents provided by this part are not placed in open part of unified information system of housing construction,";

Part 1 of Article 21 to add 13) with Items 11.1 and 11.2 of the following content:

"11. 1) about purpose-oriented loan (target loan), including about information allowing to identify the creditor on available credit amount (loan) with crediting limit in accordance with the terms of the agreement of the credit (loan), unused balance on credit line on the last reporting date;

11. 2) about the number of the signed agreements (total area of objects of shared-equity construction and the price of the agreement) with indication of type of object of shared-equity construction (premises, the non-residential premise, the parking place), with indication of including the number of the agreements signed on condition of payment of obligatory contributions (fees) to compensation fund or with use of escrow accounts;";

To add 14) with Articles 21.1 - 21.3 following of content:

"Article 21.1. Fund of the subject of the Russian Federation

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