of July 22, 2024 No. 186-FZ
About construction of apartment houses under construction contracts with use of escrow accounts
Accepted by the State Duma on July 4, 2024
Approved by the Federation Council on July 17, 2024
1. This Federal Law governs the relations connected with construction legal entities or individual entrepreneurs of apartment houses on the parcels of land belonging to citizens of the Russian Federation on the property right, and also on the parcels of land, provided to citizens of the Russian Federation on the right of lease, free use for the purpose of acquisition by them of the property right to the apartment houses built on such parcels of land including with use of industrial output of timber processing complex and (or) other industrial output made in the territory of the Russian Federation according to the construction contract which money on account of payment of the price is placed customers on escrow accounts (further - the construction contract) for the purpose of protection of their rights and legitimate valuable interests.
2. This Federal Law is applied to the relations specified regarding 1 this Article in cases if agreement parties of the construction contract reach the agreement on placement on escrow accounts of money on account of payment of the price of the construction contract.
For the purposes of this Federal Law the following basic concepts are used:
1) the contractor - the legal entity or the individual entrepreneur performing based on the construction contract works on construction of the apartment house, and also the installation, commissioning and other works inseparably linked with such construction (further - construction of the apartment house);
2) the customer - the citizen of the Russian Federation performing on the parcel of land belonging to him on the property right or on the parcel of land provided to it on the right of lease or free use, construction of the apartment house with involvement of the contractor according to the construction contract;
3) domokomplekt - the set of the designs, details, products and materials made by factory method, data on which are included in the register of the Russian industrial output according to article 17.1 of the Federal Law of December 31, 2014 No. 488-FZ "About industrial policy in the Russian Federation", intended for construction of the apartment house. Completeness of domokomplekt is determined by his producer;
4) authorized bank - the bank created in accordance with the legislation of the Russian Federation and included by the Central bank of the Russian Federation in the list of the banks corresponding to the criteria established for authorized banks according to the Federal Law of December 30, 2004 No. 214-FZ "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".
1. The legal entity or the individual entrepreneur for the purpose of construction of apartment houses according to this Federal Law has the right to sign with the citizen of the Russian Federation the construction contract in case of observance in total of the following conditions:
1) availability of unique code of identification (identifier) assigned for the legal entity or the individual entrepreneur in case of its registration in the unified information system of housing construction determined according to the Federal Law of July 13, 2015 No. 225-FZ "About assistance to development and increase in management efficiency in the housing sphere and about modification of separate legal acts of the Russian Federation" (further - information system), according to the procedure, established by the federal executive body performing functions on development and realization of state policy and normative legal regulation in the sphere of construction, architecture, town planning;
2) placement (disclosure) by the legal entity or individual entrepreneur in information system of information provided by part 2 of article 4 of this Federal Law.
2. The legal entity or the individual entrepreneur specified regarding 1 this Article, for the purpose of construction of apartment houses according to this Federal Law assuming to use the standard project documentation determined according to the Town-planning code of the Russian Federation, and (or) domokomplekta has the right to sign with citizens of the Russian Federation the construction contracts providing use of such standard project documentation and (or) domokomplekt on condition of placement (disclosure) in information system of information respectively about used the standard project documentation and (or) domokomplekta.
1. The legal entity or the individual entrepreneur for the purpose of construction of apartment houses according to construction contracts provides open entry to information (opens information) provided (provided) by part 2 of this Article by placement it in information system.
2. The legal entity or the individual entrepreneur specified regarding 1 this Article shall open the following information:
1) about the legal entity or about the individual entrepreneur:
a) about trade name (name), the location, code under the All-Russian Classifier of Economic Activities, operating mode, phone number, about the address of the official site on the Internet, the e-mail address, about surname, about name and middle name (in the presence) person performing functions of sole executive body (for the legal entity), or about surname, about name and middle name (in the presence), about registration at the place of residence in the Russian Federation, code under the All-Russian Classifier of Economic Activities, phone number, about the address of the official site on the Internet (in the presence), the e-mail address (for the individual entrepreneur), and also about commercial designation if it is planned to use such commercial designation in advertizing, connected with information on activities for construction of apartment houses according to construction contracts;
b) about state registration of the legal entity or individual entrepreneur;
c) about introduction concerning the legal entity or the individual entrepreneur of one of the procedures applied in the case of bankruptcy according to the Federal Law of October 26, 2002 No. 127-FZ "About insolvency (bankruptcy)";
2) about projects of apartment houses which can be constructed by the legal entity or the individual entrepreneur according to this Federal Law, including information:
a) about characteristics of apartment houses, including about their space-planning decisions, about the number of floors, the area, possible engineering facilities;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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