Shared construction can be denied starting from July 1, 2019

09.06.2018

Not immediately, but definitely. Habitual construction will be canceled on July 1, 2019.

Russian President Vladimir Putin in a straight line spoke about the upcoming changes in the housing construction market, which will in the future avoid the emergence of new deceived co-investors. This will be done within the framework of a smooth transition to the system of bank financing of development projects with the abandonment of equity participation agreements. Quickly move the market to new rails, he said, can not be due to objective circumstances. The head of state also stressed that providing housing to already affected citizens is one of the primary duties of the regional authorities.

In the course of a direct line, the residents of the Lipetsk region applied to the head of the state, who complained to the president about the problems with obtaining apartments in the residential complex “Evropeyskiy”, which was not completed in Lipetsk by the company “Exstroymash” (part of the GC “SU-5” of the deputy of the Duma Mikhail Zakharov) . The head of state promised the interest holders to respond to their appeal. At the same time, Vladimir Putin stressed that the solution to the problem of co-investors in the country should be dealt with, first of all, by the regional authorities, which are responsible for “overdue” construction projects. The federal with its own stalons is ready to support the subjects of the Russian Federation in this matter.

For reference:

Problems in the construction of LCD “European” in the Oktyabrsky district of Lipetsk, apartments in which about 1600 citizens are waiting, began in 2017 due to the financial problems of the developer. At the completion of construction it is necessary 500 million rubles. According to local media, in November last year to investigate this case, a special group was created from among the staff of the TFR, the FSB and the Ministry of Internal Affairs. With regard to “Exstroymash” at the end of 2017, the arbitration court introduced a monitoring procedure. As Mikhail Zakharov said, in order to finish building the house, GC SU-5 began selling assets. In April of this year, the deputy reported that work in the house No. 10 of the residential complex was resumed and will be handed over before the end of the summer of 2018, and houses No. 8 and No. 9 are planned to be completed by the winter of 2019.

Quote:

Senior Assistant Attorney for the Lipetsk Region Tatyana Tkacheva:

“The regional prosecutor’s office takes all necessary measures to solve the problems of defrauded real estate investors in Lipetsk. “We have been working on this direction for a long time, four criminal cases have been initiated against four developers, including” Exstroymash “. The company had five problems in 32, 33 microdistricts of Oktyabrsky district of Lipetsk. Of these, two houses that could not be completed, are actually ready for commissioning. In the region, a law on the protection of the rights of victims of shared construction has been adopted, and a “road map” has been created to protect the rights of equity holders. In particular, the construction of a number of residential buildings was resumed by new developers who are allocated land for development on preferential terms and provide budget subsidies for reimbursement of costs for the technological connection of the house to utility networks and improvement of courtyard territories. “

Speaking about the reasons for the appearance of a large number of defrauded co-investors, Vladimir Putin said that this is due to imperfect regulation in this area. “To date, Russia has concluded more than 1 million contracts for participation in shared construction. The amount of money that is there is 3.4 trillion. rubles. And not always these funds are effectively used by developers, “- said the president.

The head of state said that in this regard, the decision was made to cease from July 1, 2019 to conclude new agreements for shared construction on a customary scheme for developers. The funds of the company’s citizens during the transitional period (to project financing) will be attracted through the system of financial institutions. According to him, to abandon quickly and completely from the mechanism of shared construction is problematic, as it threatens even more claims from the citizens. “First, it will be impossible to complete what has already been started. Secondly, the volume of construction in general will drop drastically, “he explained.

The topic of regulation in the sphere of housing construction, raised in the framework of the Direct Line, was commented on by the head of the Ministry of Construction of Russia Vladimir Yakushev. “We have prepared a number of amendments to No. 214-FZ on equity construction, according to which we must solve an important task – to make the market and the procedure of shared construction transparent. And for this it is necessary, first, to get away from the “boiler method” by applying the principle “one building permit – one settlement account”. And secondly, to provide bank support. These two institutions should earn from July 1 this year, – the minister said. – Starting from July 1, 2019, a transition to special accounts (escrow) is planned, for which the money of the participants in the share construction will be raised, but this account will not be under the order of the builder. The funds will be blocked, and under them the developer will be able to open a credit line in the bank. This loan can be used exclusively to finance the construction of the facility. After the keys to the apartments have been handed over to the buyers, the credit line will be repaid on the account where the equity holders’ funds have accumulated, and the developer will receive his profit. This mechanism will allow using the money of the equity holders exclusively for construction, while at the same time keeping them as high as possible and not allowing the pyramids. ”

As the head of the Ministry of Construction specified, new amendments to the legislation are planned to be adopted on June 27, 2018. “In general, these measures will clear the market from unscrupulous companies, and start implementing an ambitious task to commission 120 million square meters. meters of housing by 2024. For this, too, a number of mechanisms are envisaged, which we will reflect in relevant documents, and before October 1, 2018 we will prepare the entire regulatory framework for the execution of this assignment, “concluded Vladimir Yakushev.

Shortly after the Direct Line in the State Duma, hearings were held on the topic “Legislative support for the transition to new forms of financing housing construction”, in which Vladimir Yakushev, head of the Duma committee on natural resources, property and land relations Nikolai Nikolayev, general director of DOM.RF JSC and the Fund for the Protection of Co-investors Alexander Plutnik, head of the LDPR faction Vladimir Zhirinovsky and others.

During the event, the head of the Ministry of Construction said that the decision to refuse in the short term from the equity system is justified. “As of January 1, 2018, there were 836 problematic objects or 1101 houses in the country, and on April 1 there were 842 objects or 1261 houses. The growth occurs despite the fact that some houses are being completed: 82 objects have been introduced since the beginning of the year, 15 of them have taken compensatory measures, “he explained, stressing once again that the bill under discussion in its present form will just help to avoid the growth of these figures.

The Minister reiterated that the possibility of attracting citizens’ money to housing construction will remain with the developers after July 1, 2019, however, it will have a more civilized appearance. “We still have to finalize the by-laws so that bank support for developers can be fully provided by credit institutions. Consultations with them have been conducted, they are ready for this, “he added.

Alexander Plutnik, commenting on the transition to the ex-accounts, noted that this will be a 100% guarantee of the safety of citizens’ funds and will contribute to an increase in the volume of housing construction. “We see our work in gradually increasing the transparency and reliability of citizens’ investments in housing at the construction stage,” Alexander Plutnik summarized.

Vladimir Zhirinovsky, in turn, expressed the opinion that all the authority to build housing should be transferred to the state, and at this stage suggested creating a special register of responsible developers. “First, we create a lot of sites, start building houses there, collect money from citizens and disappear. And then we think how to help people … We have said more than once that all the authority to build housing should be transferred to the control of the Ministry of Construction. It is necessary to build and sell to citizens already ready-made apartments, how to sell ready-made tours operators. We can not allow our citizens to continue to deceive, “he said.

By the way:

According to the latest version of the amendments to the 214-FZ, which should be adopted before July 1, 2018:

  • the rule “one permit – one project company” will not apply to projects of integrated development of territory (COT). Simultaneously, the transition to the principle of “one building permit – one settlement account” is proposed;
  • Compulsory contributions for construction companies The Fund for the protection of interest holders will be increased: first to 3% of the cost of the DDU, and then to 6%;
  • Developers will be able to raise funds for non-bank loans, namely from the parent company for an amount not exceeding 20% ​​of the value of the construction object and at a CBR rate of plus 2%
  • from July 1, 2019 – developers must raise funds of citizens only through escrow accounts, except for objects in which the first contract of equity participation was concluded before October 20, 2017;
  • deposits of citizens on escrow accounts will be insured in the amount of up to 10 million rubles through the Deposit Insurance Agency;
  • a ban on the issuance of compliance certificates (AIA) to developers when they violate the terms of entry for more than 3 months;
  • The Fund for the Protection of Shareholders is vested with controlling powers and powers to finance the completion of problematic facilities; At the same time, the mechanism for granting developers compensating land plots without bidding is regulated;
  • HCC, created in the procedure of bankruptcy of the developer, is allowed to raise funds for the completion of the problem object.

Source: Stroitelnaya gazeta