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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of March 23, 2022 No. 442

About establishment of features of transfer of object of shared-equity construction to the participant of shared-equity construction

According to Item 6 of part 1 of article 18 of the Federal Law of March 8, 2022 "About modification of separate legal acts of the Russian Federation" the Government of the Russian Federation decides No. 46-FZ:

1. Establish the following features of transfer of object of shared-equity construction to the participant of shared-equity construction during the period from the date of entry into force of this resolution till December 31, 2022 inclusive:

a) the term of transfer of object of shared-equity construction by the builder and acceptances by his participant of shared-equity construction by agreement of the parties can be changed separately from other objects of shared-equity construction which are part of the same apartment house and (or) other real estate object, but not earlier than after obtaining in accordance with the established procedure permissions to commissioning of the apartment house and (or) other real estate object and without modification of the project declaration;

b) the message on completion of construction (creation) of the apartment house and (or) other real estate object according to the agreement of participation in shared-equity construction (further - the agreement) and about readiness of object of shared-equity construction for transfer, the offer on introduction of amendments to the agreement regarding data on the term of transfer by the builder of object of shared-equity construction and its acceptance by the participant of shared-equity construction, constituted in electronic form, signed by the strengthened qualified digital signature of person, representative to act on behalf of the builder, can be sent to the participant of shared-equity construction to the e-mail address specified in the agreement or the different way specified in the agreement;

c) transfer of object of shared-equity construction by the builder and acceptance by his participant of shared-equity construction are performed under the transfer act or other document on transfer of object of shared-equity construction signed by the participant of shared-equity construction and the builder taking into account the following features:

in case of detection of fundamental breaches of quality requirements of object of shared-equity construction the participant of shared-equity construction and the builder before signing of the transfer act or other document on transfer of object of shared-equity construction provide creation of the inspection report according to the subitem "l" of this Item with participation of person having special knowledge and necessary qualification according to the subitem "k" of this Item (further - the specialist) which relations on fee are governed according to the subitem "m" of this Item;

in the absence of fundamental breaches of quality requirements of object of shared-equity construction the builder and the participant of shared-equity construction specify in the transfer act or other document on transfer of object of shared-equity construction the list of shortcomings (defects) (further - shortcomings) which are subject to non-paid elimination by the builder. In the presence of disagreements concerning the specified list it is determined according to the inspection report which is drawn up with participation of the specialist according to the subitem "l" of this Item;

d) in case of detection of fundamental breaches of the quality requirements of object of shared-equity construction confirmed with the inspection report which is drawn up with participation of the specialist according to the subitem "l" of this Item, the participant of shared-equity construction has the right to refuse signing of the transfer act or other document on transfer of object of shared-equity construction and to impose requirement about non-paid elimination of the revealed shortcomings according to the subitem "d" of this Item or to refuse signing of the transfer act or other document on transfer of object of shared-equity construction and agreement performance and to impose requirements to the builder about return of money and interest payment according to part 2 of article 9 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";

e) in case of identification of departures from terms of the contract and (or) mandatory requirements specified regarding 1 article 7 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" which led to quality degradation of object of shared-equity construction, or other shortcomings which do it unsuitable for use provided by the agreement (further - the established quality requirements of object of shared-equity construction), the participant of shared-equity construction addresses the builder with the requirement about non-paid elimination of the revealed shortcomings if other is not established by this resolution;

e) the builder meets the requirement about non-paid elimination of the revealed shortcomings no more than 60 calendar days from the date of signing of the transfer act or other document on transfer of object of shared-equity construction in time, and in case of detection of fundamental breaches of quality requirements of object of shared-equity construction - in time no more than 60 calendar days from the date of creation according to the subitem "l" of this Item of the inspection report with participation of the specialist;

g) in case of refusal the builder to meet the requirement about non-paid elimination of the revealed shortcomings or his dissatisfaction in time, established in the subitem "e" of this Item, the participant of shared-equity construction makes the claim in court or addresses the builder at the choice with the requirement about proportional reduction of the price of the agreement or expense recovery of the participant of shared-equity construction of remedial action;

h) requirements about proportional reduction of the price of the agreement or expense recovery of the participant of shared-equity construction of remedial action are subject to satisfaction with the builder within 10 working days from the date of their presentation by the participant of shared-equity construction;

i) in case of refusal the builder in satisfaction of the requirement about proportional reduction of the price of the agreement or expense recovery of the participant of shared-equity construction for remedial action extrajudicially fully or partially or in case of dissatisfaction fully or partially of the specified requirements in time, established in the subitem "z" of this Item, the participant of shared-equity construction has the right to make the claim in court;

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