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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of August 1, 2018 No. 897

About statement of structure of the documents necessary for carrying out transactions according to the settlement account of the builder

According to part 1 of article 18.2 of 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" Government of the Russian Federation decides:

1. Approve the enclosed structure of the documents necessary for carrying out transactions according to the settlement account of the builder (further - structure of documents).

2. Determine that:

taking into account specific circumstances of interaction of the builder with the technical customer, the prime contractor and contractors, owners and lessors of the parcels of land, including in case of acceptance of the parcels of land in the sublease, sellers (suppliers) of the inventory items acquired directly by the builder, executive bodies of subjects of the Russian Federation and local government bodies, and also other bodies and persons concerning acquisition (obtaining) and use of the parcels of land, execution of agreements on construction of facilities of the real estate, including objects of social, municipal and transport infrastructure, subjects of engineering facilities allow provision by the builder in authorized bank of the documents which are not provided by structure of documents which under the agreement between the builder and authorized bank can be used for confirmation of conformity of appointment and the amount of payment of the builder to the requirements established by 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" (further - the Federal Law);

for the purpose of implementation of control of compliance of appointment by authorized bank and the amount of the payment specified on hand, the documents specified to contents of the documents provided by the builder and which are the basis for creation of the order, and requirements of article 18 of the Federal Law are provided by the builder to authorized bank along with the direction of the order. The form and procedure for provision by the builder to authorized bank of such documents are determined by the bank account agreement signed between the builder and authorized bank, and also the parties, obligatory for execution, of the specified agreement bank rules;

does not need provision by the builder the authorized bank of the documents necessary for carrying out transactions according to the settlement account of the builder, in confirmation of appointment and the amount of the payment transactions performed directly between the builder and authorized bank including on payment of services of authorized bank by the builder, in case of placement of temporarily free money of the builder on the deposit in authorized bank in which the settlement account of the builder is opened, and also in cases if according to part 2 of article 18.2 of the Federal Law payment transactions of the builder are not subject to control from authorized bank;

all agreements specified as a part of documents are provided by the builder to authorized bank with all appendices and supplementary agreements, including supplementary agreements about the change in value of works attracting change of the planned construction cost of the apartment houses and (or) other real estate objects specified in the project declaration (project construction cost);

the builder provides to authorized bank once the agreements and other documents necessary for carrying out transactions according to the settlement account of the builder which are the origin basis at the builder of obligations on payment of goods (works, services) and also other documents which provision by the builder in authorized bank according to content and purpose of such documents can be performed once;

the authorized bank has no right to require provision by the builder of the documents containing the construction project information which is subject to disclosure by the builder in accordance with the legislation of the Russian Federation, including placed by the builder in unified information system of housing construction.

Russian Prime Minister

D. Medvedev

Approved by the Order of the Government of the Russian Federation of August 1, 2018, No. 897

Structure of the documents necessary for carrying out transactions according to the settlement account of the builder

1. When implementing the payments connected with construction (creation) of one or several apartment houses and (or) other real estate objects which part objects of shared-equity construction are (further - object):

construction license;

the statement from the Single state real estate register about the rights of the builder to the parcel of land (sites) on which the construction (creation) of object (objects) is performed;

Section of the project documentation "Project of the Organization of Construction";

the contract with the technical customer if the construction project of object is performed with involvement of the technical customer;

the general contract on asset construction;

the agreement (agreements) of the construction contract if the asset construction is performed without involvement of the prime contractor;

the agreement on distribution between builders of construction costs of objects of social infrastructure if the construction of one or several objects is performed by builders in borders of one or several adjacent elements of planning structure;

the summary accumulative sheet of the construction project which is part of the reporting on implementation of the activities connected with attraction of money of participants of shared-equity construction for construction (creation) of apartment houses and (or) other real estate objects, submitted by the builder within the terms established for provision of such reporting in the executive body of the subject of the Russian Federation authorized on implementation of the state control (supervision) in the field of shared-equity construction of apartment houses and (or) other real estate objects for implementation of documentary control of compliance of appointment by authorized bank and the amount of payments of the builder to the requirements established by 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" (further - the Federal Law);

agreements, consignment and commodity-transport notes on the inventory items acquired directly by the builder for use when implementing the construction project of object, acts of their reception-transmission;

universal transfer documents;

acts of acceptance of the performed works, including their separate amounts;

certificates of cost of the performed works and costs;

the acceptance act finished by asset construction;

permission to commissioning of the facility.

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