FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 13, 2020 No. 202-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 July 7, 2020

Approved by the Federation Council on July 8, 2020

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; 2009, No. 29, Art. 3584; 2010, No. 25, Art. 3070; 2011, No. 49, Art. 7015; 2012, No. 29, Art. 3998; No. 53, Art. 7643; 2014, No. 26, Art. 3377; 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. 53, Art. 8404; 2019, No. 26, Art. 3317) following changes:

"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" shall be replaced with words 1) in Item 2 of part 4 of Article 1 of the word "the public company specified regarding 1 article 23.2 of this Federal Law";

In paragraph five of Item 1 of Article 2 of the word "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" shall be replaced with words 2) "the public company specified regarding 1 article 23.2 of this Federal Law";

3) regarding the 2nd Article 3.1:

a) in Item 2 of the word "in Item 1" shall be replaced with words "in Items 1 and 4";

b) add Item 3 with words ", including with the changes made to it";

c) declare Item 6 invalid;

Item 4 of part 1 of Article 9 to declare 4) invalid;

Part 8.1 of Article 13 to state 5) in the following edition:

"8.1. The pledge of the parcel of land belonging to the builder on the property right or pledge of the right of lease or the sublease of the parcel of land which arose based on this Federal Law in connection with the conclusion of the agreement of participation in shared-equity construction or based on the contract with bank in the cases provided by parts 6 and 7 of this Article on which the apartment house built (created) with attraction of money of participants of shared-equity construction is located stops from the date of implementation of the state cadastral registration of the specified apartment house. Provisions of this part are applied only if the parcel of land is formed in borders in which it according to the housing legislation carries over owners of rooms in the specified apartment house after registration of the property right to such rooms. The corresponding entry in the Single state real estate register about pledge concerning this parcel of land is subject to repayment of registration of the rights by body without statement for repayment of this pledge along with the state cadastral registration of the specified apartment house built (created) with attraction of money of participants shared-equity construction. In case of the direction body of registration of the rights of interdepartmental request for the purpose of receipt of information on formation of the parcel of land in the borders specified in this part, the corresponding record about pledge is settled in the Single state real estate register within one working day from the date of receipt of the response to the sent interdepartmental inquiry.";

6) Article 15.4 to add with part 6.1 following of content:

"6.1. The project declaration to the conclusion the builder of the contract with the first participant of shared-equity construction is subject to placement by the builder in unified information system of housing construction with use of the strengthened qualified digital signature by filling of electronic form of the project declaration in the form provided by part 24 of article 19 of this Federal Law. Modification of the project declaration is performed according to the procedure, provided by part 4 of article 19 of this Federal Law.";

7) in Article 15.5:

a) in part 6 of the word "and the data of the Single state real estate register confirming state registration of the property right concerning one object of the shared-equity construction which is part of the apartment house and (or) other real estate object" to exclude;

b) in part 8 of the word "The Federal Law of December 29, 2006 "About additional measures of the state support of the families having children" shall be replaced with words No. 256-FZ "part 8.1 of this Article";

c) add with part 8.1 following of content:

"8.1. If in case of the conclusion of the agreement of participation in shared-equity construction which is stopped on the bases provided by part 7 of this Article or the credit agreement (loan agreement) signed for payment under such agreement of participation in shared-equity construction means (part of means) of the maternity (family) capital were used, the authorized bank based on the petition from the citizen - the participant of shared-equity construction sends to the Pension Fund of the Russian Federation and its territorial authorities No. 256-FZ provided by part 4 of article 10.1 of the Federal Law of December 29, 2006 "About additional measures of the state support of the families having children" request. Return of means (part of the means) of the maternity (family) capital used on acquisition (construction) of premises under such agreement is performed according to the procedure, No. 256-FZ provided by the Federal Law of December 29, 2006 "About additional measures of the state support of the families having children".";

To add Article 16 with part 6 of the following content:

"6. After transfer by the builder by rules, stipulated in Article the 8th this Federal Law, object of shared-equity construction to the participant of shared-equity construction and statement of such object the builder has the right to giving without power of attorney in body of registration of the rights of the statement for state registration of the property right of the participant of shared-equity construction to such object to the state cadastral registration and the Federal Law specified in Item 3 of part 11 of Article 48 of July 13, 2015 No. 218-FZ "About state registration of the real estate" the transfer act (other document on transfer of object of shared-equity construction). In that case:

1) the builder after state registration shall transfer the ownership of the participant of shared-equity construction to object of shared-equity construction to the owner the statement issued according to part 1 of article 28 of the Federal Law of July 13, 2015 to No. 218-FZ "About state registration of the real estate" for the purpose of the certificate of carrying out state registration of the property right of the participant of shared-equity construction to object of shared-equity construction from the Single state real estate register;

2) giving by the participant of shared-equity construction of the statement for state registration of the property right to object of shared-equity construction is not required and this participant after carrying out state registration of its property right to object of shared-equity construction has the right to provide to body of registration of the rights No. 218-FZ specified in Item 2 of part 11 of article 48 of the Federal Law of July 13, 2015 "About state registration of the real estate" authentic copy of the agreement of participation in shared-equity construction or agreements on concession of the rights of agreement requirements of participation in shared-equity construction for making on it to special registration text.";

9) in Article 18:

a) in part 1:

add with Item 3.1 of the following content:

"3. 1) preparation of the project documentation and accomplishment of engineering researches for construction and (or) reconstruction in borders of the parcel of land which owner is the builder, the networks of engineering facilities necessary for connection (technological accession) of the apartment houses and (or) other real estate objects specified in Item 1 of this part to these networks of engineering facilities;";

add Item 9 with words ", and also preparation of the project documentation and accomplishment of engineering researches for construction and (or) reconstruction of the specified objects";

b) to add Item 3 of part 3 with words ", except for the target loans provided by the builder to other builder in relation to whom it is the main society";

10) in Article 19:

a) regarding 2.2 words", and also in case of violation by the builder for date of the direction of the project declaration according to part 2 of article 19 of this Federal Law by the builder and (or) his main society or subsidiary of such main society of term of commissioning of the apartment house and (or) other real estate object, the construction (creation) of which is performed with attraction of financial resources of participants of the shared-equity construction specified in the project declaration provided for state registration of the agreement of participation in shared-equity construction signed by the builder with the first participant of shared-equity construction of such real estate objects on three and" to exclude more than a month;

b) state part 4 in the following edition:

"4. The builder shall bring in the project declaration with use of unified information system of housing construction of change, concerning the information about the builder and the construction project, the facts of modification of the project documentation, monthly no later than the 10th following reporting. Modification of the project declaration is not required after placement in unified information system of housing construction of data on commissioning of all apartment houses and (or) other real estate objects provided by the construction project. If the construction project provides construction of several apartment houses and (or) other real estate objects, after placement in unified information system of housing construction of data on commissioning of the apartment house and (or) other real estate object modification of the project declaration on the object put into operation is not required.";

c) recognize parts 4.1 and 5 invalid;

d) in part 6 of the word", 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 replace with the word "is subject";

11) regarding 1 Article 20:

a) to add Item 3 after the words "eventually" with the words "directly or";

b) in the subitem "an" of Item 3.2 of the word "nationality and residence" shall be replaced with words "the insurance number of the individual ledger account in system of mandatory pension insurance, identification taxpayer number (in the presence of such number), nationality";

12) regarding 1 Article 21:

a) add Item 1 with words ", about the prime contractor performing works according to the construction contract signed with the builder";

b) add item 4 with the words "and extreme parameters of the permitted construction";

c) in Item 5 to exclude the word of "main";

d) in Item 7 of the word "the main characteristics (except for the areas of rooms, rooms of auxiliary use, loggias, verandahs, balconies, terraces in premises)" to replace with the word "characteristics", after the word of "parts" to add with words "premises and";

e) add with Item 9.1 of the following content:

"9. 1) about the term of transfer by the builder of object of shared-equity construction to the participant of shared-equity construction according to article 6 of this Federal Law;";

e) state Item 11.1 in the following edition:

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