PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 15, 2006 No. 396

About shared-equity construction of apartment apartment houses

For the purpose of protection of interests of shareholders and enhancement of procedure of shared-equity construction of apartment apartment houses in the Republic of Belarus I decide:

1. Approve enclosed:

Rules of the conclusion, execution and agreement cancelation of creation of object of shared-equity construction;

form of the approximate agreement of creation of object of shared-equity construction.

2. Determine that:

2.1. for the purposes of this Decree the following terms and their determinations are applied:

the shareholder - the citizen who reached eighteen-year age (sixteen-year-old - in case of its announcement in accordance with the established procedure sui juris), including the individual entrepreneur, and (or) the legal entity who signed the contract of creation of object of shared-equity construction with the builder;

the builder - the legal entity or the individual entrepreneur who are raising money of shareholders for construction by own forces or with involvement of the third parties of residential and (or) non-residential premises in the apartment apartment house and other real estate objects connected with the apartment apartment house, and concluded (intending to sign) agreements of creation of objects of shared-equity construction with shareholders;

the real estate objects connected with the apartment apartment house (further - other real estate objects), - real estate objects, except for subjects to industrial production function, belonging to the apartment apartment house according to the project documentation on this house and located on one parcel of land provided for its construction including elements of engineering infrastructure, gardening and improvement, including barrier, the parking and garages, other separate objects serving to target use of the apartment apartment house;

object of shared-equity construction - the residential and (or) non-residential premise in the apartment apartment house or its part and other real estate objects which construction is performed according to the project documentation and is provided in the agreement of creation of object of shared-equity construction;

lack of object of shared-equity construction - discrepancy of object of shared-equity construction to acts of the legislation, including to technical regulatory legal acts and terms of the contract of creation of object of shared-equity construction;

the project declaration - the document of the builder which is subject to publication and processed according to this Decree containing information on the builder and the construction project;

actual cost of object of shared-equity construction - the project cost of shared-equity construction in current prices on approval date in accordance with the established procedure the acceptance act in operation of the apartment apartment house and other real estate objects taking into account costs of the builder for construction, and also costs of the builder which are not included in summary estimate calculation of construction cost of object of shared-equity construction, but attributable to construction cost, and profits of the builder;

fixed price - the price of object of shared-equity construction calculated according to the legislation in current prices on specific calendar month and year taking into account forecast price indexes in construction and statistical indexes of change in value of installation and construction works this month and year (it is determined for date of publication of the project declaration, conclusion of the agreement of creation of object of shared-equity construction, in other required cases);

2.2. the builder has the right to raise money of shareholders for ensuring shared-equity construction of the residential and (or) non-residential premise in the apartment apartment house and other real estate objects only 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), in state non-budgetary funds and in the presence:

the documents certifying its right to the parcel of land necessary for ensuring shared-equity construction;

the project documentation, including estimate, passed state examination in the state bodies determined by legal acts, and approved according to the procedure, established by Council of Ministers of the Republic of Belarus;

construction contracts for construction of the apartment apartment house and other real estate objects (if the construction is not conducted by the builder by own forces);

permissions to production of installation and construction works for construction of the apartment apartment house and other real estate objects;

the documents confirming publication of the project declaration according to this Decree;

agreements of creation of the objects of shared-equity construction registered in accordance with the established procedure by local executive and administrative organs.

The Council of Ministers of the Republic of Belarus has the right to establish the additional requirements imposed to builders.

In case of origin at the builder of the tax debt, to charges (duties), other obligatory payments in republican and (or) local budgets (including in the state trust budget funds), in state non-budgetary funds or in case of cancellation at least of one of the documents specified in part one of this subitem, and also non-compliance with the additional requirements established by Council of Ministers of the Republic of Belarus according to part two of this subitem imposed to builders, the builder has no right to raise money of new shareholders before repayment of the corresponding debt (repeated receipt of necessary documents, observance of the additional requirements established by Council of Ministers of the Republic of Belarus);

Failure to pay taxes by the builder, charges (duties), other obligatory payments in republican and (or) local budgets (including in the state trust budget funds), in state non-budgetary funds, not exceeding 60 days after the expiration of terms of their payment, is not recognized debt on these payments for the purposes of this Decree. At the same time failure to pay or incomplete payment of the amounts of the called obligatory payments does not exempt at the scheduled time the builder from liability provided by other legal acts.

2.2-1. attraction of money of citizens, including individual entrepreneurs, and legal entities for shared-equity construction is performed by builders based on agreements of creation of the objects of shared-equity construction signed according to the Rules of the conclusion, execution and agreement cancelation of creation of object of shared-equity construction approved by this Decree into the special accounts for creation of objects of shared-equity construction opened for each apartment apartment house (further - special accounts), except for money on payment of costs of the builders who are not included in summary estimate calculation of construction cost of object of shared-equity construction, but attributable to construction cost, and the profits of the builder enlisted on the current (settlement) accounts of builders.

Special accounts are opened according to the procedure, established by the legislation, based on the agreement of the special account signed by the builder and bank in which the mode of functioning of the special account taking into account requirements of this Decree and other legislation is set.

The means transferred by shareholders into special accounts are used by builders only for purpose on asset construction of shared-equity construction and go for financing of the works and costs included in summary estimate calculation of construction cost of object of shared-equity construction.

Tax collection, charges (duties), other obligatory payments in republican and (or) local budgets (including in the state trust budget funds), in state non-budgetary funds at the expense of the money enlisted into special accounts is not made;

2.3. the builder has the right to change according to this Decree or other decisions of the President of the Republic of Belarus the contract (contractual) price determined in the works agreement signed by him on construction of the apartment apartment house and other real estate objects;

2.3-1. attraction by the builder, being the state organization or the organization which share of state-owned property in authorized fund constitutes more than 50 percent, physical persons and legal entities interested in asset construction of shared-equity construction to participation in construction of such object and the conclusion of the agreement of creation of object of shared-equity construction is made independently or according to its order by the state realtor organizations based on the contract for rendering realtor services;

2.4. in case of violation of the creation of object of shared-equity construction of term of introduction of payments established by the agreement the shareholder pays to the builder penalty (penalty fee) in the amount of percent 0,01 (in need of introduction by the shareholder of payments according to the payment schedule or according to payment documents of the builder) or percent 0,001 (if payments be made by the shareholder one-timely) from the amount of overdue payment for each day of delay before repayment day of debt or decision making about agreement cancelation in accordance with the established procedure.

These measures of responsibility do not extend to shareholders regarding soft credits, subsidies and other forms of the state support for which payment transfer is performed by bank.

The builder in case of violation through his fault of the term of transfer to the shareholder of object of the shared-equity construction established by the agreement pays to the shareholder damages and pays it penalty (penalty fee) in the amount of percent 0,001 from the amount of the payments made by the shareholder for each day of delay if the bigger size of sanctions is not determined by the President of the Republic of Belarus or the agreement;

These measures of responsibility are not applied to the builders who allowed violation of terms of transfer to shareholders of objects of shared-equity construction for cause of infringement by shareholders of terms of introduction of payments regarding soft credits, subsidies and other forms of the state support which transfer is performed by bank;

2.5. No. 324 is excluded according to the Presidential decree RB of 19.07.2011

2.6. consumer protection, connected with the relations following from the agreement of creation of object of shared-equity construction is performed according to this Decree and other consumer protection law in the part which is not contradicting this Decree.

The consumer protection law is applied to specific goods or works (services) which were used or executed (are rendered) in the course of asset construction of shared-equity construction, proceeding from the cost of such goods, works (services) and their compliance of the project documentation;

2.7. the agreement of creation of object of shared-equity construction is subject to obligatory registration in the local executive and administrative organ which issued to the builder allowing documentation on shared-equity construction of the apartment apartment house and other real estate objects.

The agreement of creation of object of shared-equity construction is considered the prisoner from the date of its registration.

The builder within three working days from the date of signing by agreement parties of creation of object of shared-equity construction represents two copies of the agreement to local executive and administrative organ for registration and within three working days from the date of registration of the agreement sends one copy of the registered agreement to the shareholder the registered mail or hands it to the shareholder personally under list.

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