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PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of December 10, 2018 No. 473

About shared-equity construction

(as amended of the Presidential decree of the Republic of Belarus of 02.07.2020 No. 247)

For the purpose of enhancement of legal relationship of the parties in case of shared-equity construction of objects in the Republic of Belarus:

1. Determine that:

1.1. local executive and administrative organs have the right to determine that in case of the conclusion of agreements of creation of objects of shared-equity construction (further - agreements) preference will be given to the citizens staying on the registry of persons in need in housing improvement.

At the same time on each construction object local executive and administrative organs can establish:

share of premises in case of the conclusion of agreements on which the preference shall be given to the citizens staying on the registry of persons in need in housing improvement;

the principle of the conclusion of contracts with these citizens in the directions of local executive and administrative organs or without issue of such directions.

If the parcel of land is provided to the builder, the customer (further - the builder) by results of auction or tender, such share is established in the decision on holding the auction or tender. If the parcel of land is provided without holding the auction or tender, such share is specified in the notification on results of consideration of the application on provision of the parcel of land.

The directions specified in part two of this subitem are issued to the citizens staying on the registry of persons in need in housing improvement according to priority of their statement on this accounting. Out of turn such directions are issued to the citizens having the right to extraordinary receipt of the state support within the share of these citizens in total quantity of the issued directions established by local executive and administrative organs.

In case of construction of single-family apartment houses or premises in the blocked apartment houses the large families which are staying on the registry of persons in need in housing improvement and having the right to the state support have the privilege to receipt of the directions specified in part two of this subitem.

The builder signs agreements taking into account provisions of parts first or heel of this subitem and according to priority of filing of applications by potential shareholders;

1.2. attraction of money of shareholders for shared-equity construction is performed by builders based on the agreements signed by builders in the form of the standard agreement approved by Council of Ministers of the Republic of Belarus.

Attraction of money of shareholders is made into the special accounts opened for each construction object, except for for the profit of the builder directed to its current (settlement) bank account if other is not provided by this Decree.

In the presence of the shareholders utilizing soft credits in case of shared-equity construction, the builder opens the separate special account in JSC ASB Belarusbank for accumulation of means of soft credits on it.

Special accounts are opened by banks irrespective of availability of decisions (resolutions) at them on suspension of account transactions of builders, resolutions (determinations) on seizure of the money which is on their accounts accepted (taken out) by authorized body (official).

If other is not established by this Decree, transferred by shareholders into special accounts of means are used by builders only for purpose on asset construction of construction and go for financing of works, the costs included in summary estimate calculation of construction cost of objects of shared-equity construction, and the costs which are not included in this summary estimate calculation, but attributable to construction cost.

The address of collection according to the executive and other documents which are the basis for cash write-off from accounts in indisputable procedure on the money placed on special accounts is not made, arrest is not imposed the specified money, suspension of transactions on special accounts is not performed.

The requirements provided in part six of this subitem do not extend to cases:

when the address of collection on the money placed on special accounts is made based on the executive document, the collection type according to which corresponds to purpose of the special account;

legalizations, stipulated by the legislation about prevention, of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction.

After completion of construction, acceptance for operation of construction object and complete settling with shareholders, construction and other organizations for this object of means, remained on the special account of builder (the funds of shareholders raised on construction of facilities of the shared-equity construction) performing construction without use of the state support are transferred by it into the current (settlement) bank account.

Transfer of revenue and other money to special accounts, except money of shareholders and soft credits is not allowed.

Within ten working days after complete settling with shareholders, construction and other organizations for construction object builders for whom special accounts were opened shall direct applications for their closing to banks.

Own funds allocated by the builder from the current (settlement) bank account for construction of facilities of shared-equity construction to or during attraction of financial resources of shareholders are compensated from the special account of builder in the amount equal to value of actually paid costs of the builder for construction of facilities of shared-equity construction, except for the special account on which money of soft credits is accumulated;

1.3. the builder has the right to raise money of shareholders for ensuring construction of facilities of shared-equity construction:

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;

in the presence:

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

the documents confirming publication of the project declaration;

the agreements registered in accordance with the established procedure by local executive and administrative organs;

the project documentation which passed state examination according to the procedure and the cases established by the legislation;

the allowing documentation on asset construction of construction issued by local executive and administrative organs;

construction contracts (if the construction is not conducted by the builder by own forces);

notices on receipt of the notification on production of building and construction works and registration of construction object by bodies of the state construction supervision (except for construction objects on which the state construction supervision is not exercised);

1.4. The Council of Ministers of the Republic of Belarus has the right to establish the additional requirements imposed to the builder;

1.5. the builder has no right to raise money of shareholders in cases:

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