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RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of March 12, 2019 No. 156

About measures for implementation of the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473

(as amended on 31-08-2022)

According to the paragraph the second Item 3 of the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473 "About shared-equity construction", part four of Item 3 of article 65 of the Law of the Republic of Belarus of June 1, 2022 "About public service" the Council of Ministers of the Republic of Belarus DECIDES: No. 175-Z

1. Approve:

Regulations on procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction, conditions of attraction of money when implementing shared-equity construction (are applied);

form of the standard agreement of creation of object of shared-equity construction it (is applied).

2. This resolution becomes effective since March 13, 2019.

Operation of this resolution does not extend to construction objects which allowing documentation on construction is this before entry into force of this resolution.

Prime Minister of the Republic of Belarus

S. Rumas

Approved by the Resolution of Council of Ministers of the Republic of Belarus of March 12, 2019 No. 156

Regulations on procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction, conditions of attraction of money when implementing shared-equity construction

1. This Provision developed according to subitem 1.18 of Item 1 of the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473, determines procedure for the conclusion, execution and agreement cancelation of creation of objects of shared-equity construction (further – the agreement), and also conditions of attraction of money in case of shared-equity construction:

physical persons, including the government civil servants, – for shared-equity construction of premises in the apartment, blocked apartment houses, single-family apartment houses with profit of the builder no more than 5 percent from the estimated cost of premises determined in current prices;

individual entrepreneurs and legal entities – for shared-equity construction of premises in the apartment, blocked apartment houses, single-family apartment houses without restriction of profit of the builder;

physical persons and legal entities, individual entrepreneurs – for shared-equity construction of non-residential premises in the apartment, blocked apartment houses and (or) other real estate objects without restriction of profit of the builder.

2. For the purposes of this provision terms and their determinations in the values established in the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473, and also the following terms and their determinations are applied:

lack of object of shared-equity construction - discrepancy of object of shared-equity construction (quality of works, quantity of its separate elements, the equipment, materials) to acts of the legislation, including the technical regulatory legal acts containing technical requirements, obligatory for observance, to terms of the contract and requirements of the project documentation;

fundamental breach of quality - lack of object of shared-equity construction which availability leads to quality degradation of object of shared-equity construction so that object of shared-equity construction cannot be operated according to its assignment;

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 house and other real estate objects taking into account costs of the builder for asset construction of shared-equity construction, costs 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.

3. According to the agreement one party - the builder - assumes liability by own forces and (or) with involvement of the third parties in the time established by the agreement to provide asset construction of shared-equity construction and upon termination of construction and acceptance for operation to transfer object of shared-equity construction to the shareholder, and other party - the shareholder - shall pay the agreement price (the price of object of shared-equity construction) defined by the agreement and to accept the specified object according to the procedure, established by the agreement.

Payment of the price of the agreement (the price of object of shared-equity construction) is made by the shareholder one-timely or step by step during the period established by the agreement according to the payment schedule which is appendix to the agreement. Payment of the price of the agreement (the price of object of shared-equity construction) can be performed based on the certificates of cost of the performed works, costs of the builder and the size of due installment which are monthly represented by the builder in any form for payment of construction cost of object of shared-equity construction (further - references of the builder).

In case of construction payment of the price of the agreement (the price of object of shared-equity construction) is performed by the shareholder of premises with use of the state support based on monthly represented references of the builder.

4. The shareholder has the right in the course of construction in case of the consent of the builder to make replacement of object of shared-equity construction within construction object (in the presence of other object of shared-equity construction) with the conclusion of the new agreement and offsetting of the money of the shareholder deposited into accounts of builder in payment for the agreement price (the price of object of shared-equity construction) according to the initial agreement.

The possibility of offsetting of money when replacing object of shared-equity construction is excluded in case of construction of premises with use of the state support.

Termination of the initial agreement for the purpose of replacement with the shareholder of object of the shared-equity construction which is based in the direction of local executive and administrative organ with use of the state support is allowed only after approval of the local executive and administrative organ which issued to the shareholder the direction for the conclusion of the agreement. In this case return on sources of financing of the money deposited in payment for the agreement price (the price of object of shared-equity construction) is performed.

4-1. In case of the death of the shareholder performing asset construction of shared-equity construction with use of the state support, the builder after approval of the local executive and administrative organ which issued to the died shareholder the direction for the conclusion of the agreement:

signs the contract before completion of asset construction with the full age member of the family of the shareholder staying on the registry of persons in need in housing improvement and performing asset construction of shared-equity construction together with the shareholder including the money of the shareholder deposited into accounts of builder in payment for the agreement price (the price of object of shared-equity construction) according to the initial agreement and in three-day time from the date of its conclusion notifies the local executive and administrative organ which issued to the shareholder the direction for the conclusion of the agreement on the cash amounts of the died shareholder brought into accounts of builder in payment for the agreement price (the price of object of shared-equity construction) on financing sources;

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