RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 12, 2019 No. 156

About shared-equity construction

Based on paragraphs two and the fifth subitem 1.17 of Item 1 of article 21 of the Code of the Republic of Belarus about architectural, town-planning and construction activities the Council of Ministers of the Republic of Belarus DECIDES:

1. Approve:

Regulations on procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction, pricing of the agreement of creation of object of shared-equity construction (price of object of shared-equity construction), the directions of the physical persons on construction of facilities of shared-equity construction including having the right to the state support in case of shared-equity construction, and conditions of attraction of money when implementing shared-equity construction (are applied);

form of the standard agreement of creation of object of shared-equity construction it (is applied).

2. This resolution becomes effective since March 13, 2019.

Operation of this resolution does not extend to construction objects which allowing documentation on construction is this before entry into force of this resolution.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 12, 2019 No. 156

Regulations on procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction, pricing of the agreement of creation of object of shared-equity construction (price of object of shared-equity construction), the directions of the physical persons on construction of facilities of shared-equity construction including having the right to the state support in case of shared-equity construction, and conditions of attraction of money when implementing shared-equity construction

Chapter 1. General provisions

1. This Provision determines procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction (further, unless otherwise specified, – the agreement), pricings of the agreement (the price of object of shared-equity construction), the directions of the physical persons on construction of facilities of shared-equity construction including having the right to the state support in case of shared-equity construction and also conditions of attraction of money when implementing shared-equity construction.

2. For the purposes of this provision terms and their determinations in the values established in the Code of the Republic of Belarus about architectural, town-planning and construction activities and also the following terms and their determinations are used:

other real estate object – the real estate object connected with the apartment house relating to the apartment house according to the project documentation on this house and located in borders of the parcel of land provided for construction and servicing of the apartment house, including barrier, the parking, the garages, other separate objects intended for servicing, operation and improvement of the apartment house;

lack of object of shared-equity construction – discrepancy of object of shared-equity construction (quality of works, quantity of its separate elements, the equipment, materials) to acts of the legislation in the field of architectural, construction and town-planning activities, including to the technical regulatory legal acts containing technical requirements, obligatory for observance, to terms of the contract and requirements of the project documentation;

common property of the apartment apartment house – the rooms located outside apartments and (or) non-residential premises and intended for servicing of two and more residential and (or) non-residential premises in the apartment house and also the roofs which are protecting bearing and not bearing design, the mechanical, electric, sanitary and other equipment servicing two and more residential and (or) non-residential premises and being in or outside the apartment house, the group metering devices of consumption of water, heat and electrical energy, gas, and also the objects located in the house adjoining territory and intended for servicing, operation and improvement of the apartment house;

the organizations of large-panel housing construction – the organizations performing production of large-size combined concrete goods and construction of apartment houses by method of step-by-step installation of these products;

the project declaration – the document of the builder which is subject to publication in case of shared-equity construction of objects (further, unless otherwise specified, – the builder) containing information on the builder, construction object in case of shared-equity construction, procedure for acceptance and registration of statements about the conclusion of the agreement;

fundamental breach of quality – lack of object of shared-equity construction which availability leads to quality degradation of object of shared-equity construction so that object of shared-equity construction cannot be operated according to its appointment;

actual cost of object of shared-equity construction – the project cost of shared-equity construction created according to accounting data of the builder after approval of the acceptance act in operation of the apartment house and other real estate objects, consisting of the costs for creation of object of shared-equity construction included in summary estimate calculation of construction cost of object of shared-equity construction (further – summary estimate calculation), and the costs which are not included in summary estimate calculation, but attributable to construction cost;

the agreement price (the price of object of shared-equity construction) – the size of the money which is subject to payment by the shareholder.

3. District, city (the cities of regional, district subordination) executive committees, local administrations of areas in the cities (further, unless otherwise specified, – local executive and administrative organs) have the right to determine that in case of the conclusion of agreements preference will be given to the citizens staying on the registry of the housing conditions needing improvement (further – accounting).

At the same time on each construction object in case of shared-equity construction local executive and administrative organs can establish:

share of premises in case of the conclusion of agreements on which the preference shall be given to the physical persons staying on the registry, including staying on such registry at the place of residence in the regional centers and Minsk for construction of premises in settlements with population up to 20 thousand people;

the principle of the conclusion of contracts with the physical persons specified in the paragraph the second to this part in the directions of local executive and administrative organs (further – the directions for the conclusion of agreements) or without issue of such directions.

If the parcel of land is provided to the builder by results of auction or tender, the share of premises specified in the paragraph the second to part two of this Item is established in the decision regional, Minsk city, district, city (the cities of regional, district subordination) executive committees about holding the auction or tender. If the parcel of land is provided without holding the auction or tender, such share is specified in the notification regional, Minsk city, district, city (the cities of regional, district subordination) executive committees about results of consideration of the application about provision of the parcel of land.

4. The builder has the right to raise money of shareholders for ensuring construction of facilities of shared-equity construction:

in case of lack at it of the tax debt, to charges (duties), other obligatory payments in republican and (or) local budgets, including in the state trust budget funds, state non-budgetary funds;

in the presence:

the documents certifying its right to the parcel of land provided for construction asset construction in case of shared-equity construction;

the documents confirming publication of the project declaration;

the agreements registered in accordance with the established procedure by local executive and administrative organs;

the project documentation which passed the state construction examination of town-planning projects, the project documentation according to the procedure and the cases established by the legislation on architectural, town-planning and construction activities;

the allowing documentation on construction asset construction in case of shared-equity construction issued by local executive and administrative organs;

construction contracts (if the construction is not conducted by the builder by own forces);

notices on receipt of the notification on accomplishment of installation and construction works and registration of the construction object in case of shared-equity construction directed by bodies of the state construction supervision (except for construction objects in case of shared-equity construction on which the state construction supervision is not exercised).

5. The builder has no right to raise money of shareholders in cases:

origins at the builder in the course of construction of the tax debt, to charges (duties), other obligatory payments in republican and (or) local budgets, including in the state trust budget funds, state non-budgetary funds, – before repayment of the corresponding debt;

cancellation at least one of documents, the specified in paragraphs four, the seventh and ninth item 4 of this provision, – before repeated data acquisition of documents;

non-compliance with the requirements established by Council of Ministers of the Republic of Belarus imposed to the builder – before elimination of the allowed violations.

6. Attraction by the builder, more than 50 percent of shares (share in authorized fund) of which which are the state organization or the organization is in state-owned property, the physical persons interested in asset construction of shared-equity construction, to participation in construction of such object and the conclusion of agreements is made independently or according to its order by the state realtor organizations based on the contract for rendering the realtor services concluded between the builder and the state realtor organizations.

7. Regional and Minsk city executive committees by the builder having the right in case of non-execution (violation) of obligations on creation of construction object in case of shared-equity construction to perform replacement of the builder according to the procedure and the cases established by Council of Ministers of the Republic of Belarus.

The new builder does not bear responsibility according to obligations of the former builder.

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