Developers must publish a new list of information in UISS starting from 28 of may
On the portal of legal information published Decree of the Government of the Russian Federation dated March 26, 201 No. 319 “On the Unified Information System for Housing Construction”.
This Government Act approved the rules for placing information, the mandatory placement of which is stipulated by the legislation of the Russian Federation in the Unified Information System for Housing, as well as the rules for interaction between the Ministry of Construction, Rosreestr, Fund for the protection of real estate investors, authorized banks and developers when they use the UISR information resources.
Recall from October 1, 2018, according to Part 16 of Art. 8 175-ФЗ in relation to the subjects of information (developers, regulatory bodies, the Fund for the protection of the rights of real estate investors and others) there was a duty to place information in UHWR. However, there were no explanatory rules, composition and terms and procedure for placement of information by the subjects, with the exception of developers.
According to Part 17 of Art. 8 175-FZ developers when placing information used the composition and terms specified in the order of the Ministry of Construction of Russia No. 275 / pr from 05/11/2018.
Rules for placing information by subjects of information
The placement of information in UISCR is carried out by the subject of information by filling in the personal account of the documents developed by the operator of the electronic forms system, and signing them with an enhanced qualified signature of the official who entered the information.
The Government of the Russian Federation decides on a list of information that developers are required to post at UISCR with respect to each apartment building, which includes shared construction projects, and the specifics of its location.
The construction permit received before July 1, 2018 is placed in relation to the object, which as of October 1, 2018 has not been put into operation, or in relation to the object, the construction of which has not been started.
In addition, every permission for the construction of a real estate object received after July 1, 2018 is placed in the system, including with respect to an object that has not been built as of October 1, 2018.
In the event of changes in any of the issued building permits, the system must be placed issued to the developer instead of the previous building permit without deleting the previous document.
The features of this act are documents that are not specified in Part 2 of Art. 3.1 214-FZ:
- the decision of the authority authorized to issue construction permits containing information on the changes made to the construction permit – is posted in case of a change in the construction permit;
- information on the termination of any of the placed construction permits, indicating the grounds for the decision-making authority of the authorized body – is posted in the event of termination of such permission. In this case, the body authorized to issue a building permit in accordance with the standards of Part 21.16 of Art. 51 of the Town Planning Code of the Russian Federation is obliged to notify the developer only about the introduction of changes to the building permit. For example, in case of detection of violations of the restriction on the use of real estate in the near-aerodrome territory, the termination of the issued building permit occurs without the participation of the developer.
- Decisions of authorized authorities containing information on changes in the GPRF and the layout of the land plot – in the event of a change in the GPRU and the scheme.
The legislative novelty was the need to place the developer refusals to issue a conclusion on the compliance of the developer and the project declaration to the established requirements. In this case, according to Part 3, Art. 3.1214-ФЗ information about the object is subject to placement within five working days after receiving a statement of conformity. In the absence of a positive conclusion of the control body, the developer cannot start attracting funds from the participants in shared construction and, accordingly, is not obliged to place information in the system.
According to this Government Act, the developer is obliged to place in the system certificates of the amount of own funds and compliance with the standards of financial stability for each quarter in the period, the beginning of which is determined by the date the developer received the AIA. If the developer simultaneously builds two or more real estate objects for which different AIAs have been issued, such certificate is placed for each quarter in the period, the beginning of which is determined by the AIA with an earlier date.
The first certificate of the amount of own funds and compliance with the standards of financial stability is posted by the developer simultaneously with the placement of the first project declaration, the conclusion on which compliance was issued after October 1, 2018.
This rule is contrary to Part 7 of Art. 8 175-FZ. The requirement for the presence of a fixed amount of the developer’s own funds has been introduced for developers engaged in construction of facilities under construction permits issued after July 1, 2018. Accordingly, the AIA after October 1, 2018 may be issued to developers with different requirements (share capital and equity). However, the government act does not contain requirements for the placement of information regarding the share capital.
For a complete list of information that developers are required to post to UISS with respect to each apartment building, which includes objects of shared construction, read our publication.
1.2 Supervisory authority
Supervisory authorities place in UISSS the information specified in Part 5 of Art. 23.3 214-ФЗ, including in relation to officials of the supervisory authority, with the authority to place information in the system:
- FULL NAME;
- The method of operational communication with them;
- The basis for granting such persons authority (orders, powers of attorney).
1.3 Authority of registration of rights
Rosreestr places information in the timeline agreed with the operator EISS. Information is placed in relation to:
- for each land plot, the type of permitted use that is provided for housing construction (cadastral number, area, date of cadastral registration of the land plot, address, type of right);
- each registered restriction of the right or encumbrance of a land plot – information about the persons (right holders), in whose favor restrictions or encumbrances are established;
- each DDU;
- each contract of assignment of claims;
- each registered title to the premises in the MKD;
1.4 The Fund for the Protection of Co-Owners’ Rights places the information specified in Part 7 of Art. 23.3 214 FZ, no later than one working day following the day of its receipt.
Rules of interaction of subjects of information
The subjects of information interact with each other by providing access to personal accounts. Information in electronic form and placed in the personal account of the information subject is deemed received on the next business day after posting.
Developers must submit reports to the supervisory authority through EHRF.
The Rosreestr, in the presence of a technical possibility of obtaining in an automated mode, will receive notifications from regulatory authorities and the Fund for the Protection of Realtors, as well as project declarations and information about the payment to developers of contributions to the compensation fund.
In addition, information interaction between developers and authorized banks will be carried out in terms of the latter obtaining, using the personal offices of the consolidated cumulative lists of projects, as well as documents necessary for control.
The access of the subjects of information to the closed part of the system will be carried out in a manner precluding the possibility of unauthorized access by unauthorized persons.
Recall that from October 1, 2018, the norm of Art. 13.19.3 of the Administrative Code, which provides for administrative responsibility for violation of the procedure for posting information in the UISH. From May 28, an administrative fine will be imposed for the placement of information in the composition and within the time periods not provided for by the RF Government Decree No. 319 dated March 26, 2019.
Source: Unified Register of Developers