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FEDERAL LAW OF THE RUSSIAN FEDERATION

of July 24, 2008 No. 161-FZ

About assistance to development of house construction

(as amended on 30-12-2020)

Accepted by the State Duma of the Russian Federation on July 4, 2008

Approved by Council of the Russian Federation on July 11, 2008

Chapter 1. General provisions

Article 1. Coverage of this Federal Law

This Federal Law for the purpose of assistance to development of house construction and to market grouping of affordable housing, other development of the territories for the purpose of this Federal Law (further - other development of the territories) governs the relations arising between single institute of development in the housing sphere (further also - single institute of development), public authorities, local government bodies, physical persons and legal entities, and also establishes features of implementation by single institute of development in the housing field of activity provided by this Federal Law.

Article 2.

Voided according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ

Article 3. The purposes of the activities of single institute of development performed according to this Federal Law in the housing sphere, tasks and functions of single institute of development in the housing sphere when implementing these activities

1. The purposes of the activities of single institute of development provided by this Federal Law are assistance to development of house construction, assistance to other development of the territories, including creation of parks, industrial parks, technoparks, business incubators, for forming of favorable living environment of the person and society, including safe and favorable conditions for accommodation for all categories of citizens.

2. The main objectives of single institute of development when implementing of the activities provided by this Federal Law are:

1) rendering assistance to market development of the parcels of land provided for house construction, the parcels of land provided for complex development of the territory within which it is provided including house construction, the parcels of land provided for the purpose of other construction, the parcels of land provided for complex development of the territory within which it is provided including other construction, and also assistance to stimulation of market development of housing, market development of hiring (lease) by citizens (legal entities) of the rooms intended for accommodation;

1. 1) rendering assistance to stimulation of construction of premises which correspond to the reference conditions to standard housing established by the federal executive body performing functions on development of state policy and normative legal regulation in the field of construction, architecture, town planning (further also - standard housing);

1. 2) rendering assistance to the complex development of the territory performed in borders of one or several elements of planning structure in which the parcels of land (including with the capital construction projects located on them) which are not encumbered with the third party rights are located if other is not provided by this Federal Law (further - complex development of unbuilt area);

2) rendering assistance to development of the urban environment, to development of activities for territorial planning, town-planning zoning, layout of the territory and architectural construction designing;

3) rendering assistance to arrangement of the territories of city settlements, residential locations and city districts, the federal cities used by the citizens living in the territories of such settlements and districts, federal cities;

4) ceased to be valid

5) ceased to be valid

2.1. For the purpose of, provided by this Federal Law, the single institute of development acts as the agent of the Russian Federation and on its own behalf makes legal and other acts, including transactions, with the parcels of land and other real estate units which are in federal property, stipulated in Article the 11th this Federal Law other property concerning which the interdepartmental collegiate organ authorized by the Government of the Russian Federation (further - interdepartmental collegiate organ) the decision is accepted stipulated in Item 2 parts 1 of article 12 of this Federal Law.

3. For achievement of the purposes specified in parts 1 and 2 of this Article and the solution of the corresponding tasks the single institute of development performs the following functions:

1) holds auctions on the right of the conclusion of lease agreements of the parcels of land which are in federal property on which the interdepartmental collegiate organ makes the decisions provided by Items 2, 2.2 parts 1 of article 12 of this Federal Law (further - the parcels of land of Fund), including with other property located on the parcels of land of single institute of development, being in federal property and stipulated in Article the 11th this Federal Law, for house construction, for complex development of the territory within which it is provided including house construction, and also auctions for sale of the parcels of land of Fund for house construction;

1. 1) ceased to be valid

1. 2) ceased to be valid

1. 3) ceased to be valid

1. 4) holds auctions on the right of the conclusion of lease agreements (sublease) of the parcels of land in borders of the territory which is subject to complex development with participation of single institute of development, according to the procedure and on conditions which are stipulated in Article 16.7-3 presents of the Federal Law (further - complex development of the territory with participation of single institute of development);

1. 5) holds the auction on the right of the conclusion of agreements on complex development of unbuilt area;

2) ceased to be valid

3) holds auctions for sale of the parcels of land of single institute of development for construction of facilities intended for production of construction materials, products, designs for house construction, creation of parks, industrial parks, technoparks, business incubators and (or) objects of engineering infrastructure (including communication infrastructure facilities), objects of social infrastructure, transport infrastructure (further - infrastructure facilities), other construction, and also on the right of the conclusion of lease agreements of such parcels of land, lease agreements of the parcels of land of Fund for complex development of the territory within which it is provided including construction of the specified objects;

3. 1) represents the information about the participants provided by Items 1 - 5 parts 1 of article 12.2 of this Federal Law of the auctions which evaded from the conclusion following the results of auctions of purchase and sale agreements or lease agreements of the parcels of land of single institute of development or agreements of free use by such parcels of land and also about persons with whom the signed purchase and sale agreements or lease agreements of the parcels of land of single institute of development or agreements of gratuitous fixed-term use by such parcels of land are terminated in connection with fundamental breach by specified persons of conditions of these agreements, for inclusion of these data in the register of unfair participants of auctions which conducting is stipulated in Article 39.12 Land codes of the Russian Federation;

3. 2) signs agreements on complex development of the territory on the conditions established by the legislation on town-planning activities taking into account the features provided by this Federal Law;

3. 3) performs in the cases provided by this Federal Law in accordance with the terms of the lease agreements of the parcels of land of single institute of development signed following the results of auctions sale of such parcels of land, including the parcels of land formed of the parcel of land of single institute of development leased by results of auction, to persons with whom the specified lease agreements are signed;

3. 4) signs agreements on complex development of unbuilt area on the conditions established by the legislation on town-planning activities taking into account the features provided by this Federal Law;

3. 5) signs lease agreements of the parcels of land with persons with whom agreements on complex development of unbuilt area are signed;

Performs 4) in case of decision making by interdepartmental collegiate organ, stipulated in Item 2 parts 1 of article 12 of this Federal Law, sale of the real estate units which are in federal property, including premises, or if such real estate units are located on the parcels of land which are in federal property, sale of these objects along with sale, provision in lease of the specified parcels of land (further also - real estate units of single institute of development);

5) performs transfer of the parcels of land of single institute of development intended for construction of facilities of infrastructure to free use for the term of construction of these objects;

5. 1) performs transfer to free use of the parcels of land of single institute of development intended for construction of the hostels necessary for ensuring educational process in the federal state educational organizations of the higher education and the professional educational organizations for the term of construction of such hostels;

5. 2) performs according to the decision of interdepartmental collegiate organ transfer of the parcels of land of single institute of development to free use to the organizations of single institute of development in the housing sphere specified in article 3 of the Federal Law of July 13, 2015 to 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 - the organization of single institute of development), for the term determined by the decision of interdepartmental collegiate organ for the purpose of creation of hired houses, other objects in which rooms are intended for accommodation of citizens, or in other purposes of house construction, certain by this decision;

6) performs voluntary conveyance in property of the subject of the Russian Federation or municipal property of the parcels of land of single institute of development (including with the real estate units located on them):

a) the occupied objects of regional or local value which are in the property of the subject of the Russian Federation or municipal property or intended according to documents of territorial planning, documentation on the layout of the territory for placement of such objects;

b) located in the borders planned (changeable, again formed) the territories public, and also the occupied infrastructure facilities of the territories of general use (squares, streets, drives, motor-roads, embankments, squares, boulevards and other objects) which are in property of the subject of the Russian Federation or municipal property;

c) occupied being in property of the subject of the Russian Federation or municipal property and necessary for ensuring educational activities hostels in the state or municipal educational organizations of the higher education and the professional educational organizations or intended according to documents of territorial planning, documentation on the layout of the territory for placement of such hostels;

d) the parks intended for creation, industrial parks, technoparks, business incubators, other development of the territories, and also for other purposes provided by this Federal Law including for forming of favorable living environment of the person and society;

6. 1) performs sale of the parcels of land of single institute of development on which the infrastructure facilities which are in private property and not subject to transfer to the state-owned or municipal property are located;

6. 2) performs sale of the parcels of land of single institute of development on which the objects of individual housing construction and other real estate units which are in property of citizens or legal entities (except for apartment houses), to these citizens or legal entities, except as specified, of stipulated in Item 6.4 these parts are located;

6. 3) in the cases established by decisions or orders of the President of the Russian Federation, the Government of the Russian Federation or according to the decision or the order of the President of the Russian Federation, the Government of the Russian Federation performs transfer of the parcels of land of single institute of development in the housing sphere, real estate units of single institute of development in the housing sphere, and also other property without tendering in property (including it is non-paid), lease, free use to legal entities or public legal entities (The Russian Federation, the subject of the Russian Federation, the municipality);

6. 4) performs transfer of the parcels of land of single institute of development to free use to housing cooperatives which are created for the purpose of provision of housing for the citizens specified regarding the 4th article 16.5 of this Federal Law and the stipulated in Clause 16.5 presents of the Federal Law (further - cooperatives), and also voluntary conveyance of the parcels of land of single institute of development in property of the cooperatives and (or) citizens who are members of cooperatives meet conditions;

7) is performed by formation of the parcels of land from the parcels of land which are in federal property, the parcels of land from lands on which state-owned property is not differentiated, concerning which the offers provided by Items 2 and 2.1 of part 7 of article 11 of this Federal Law, the parcels of land of single institute of development can be prepared;

7. 1) is performed according to the land legislation by the conclusion of agreements on replotting of Fund and the parcels of land which are in the state-owned or municipal property or the parcels of land of single institute of development or the parcels of land on which state-owned property is not differentiated, and the parcels of land which are in private property;

8) sends to interdepartmental collegiate organ of the offer, Articles specified in parts 7 and 7.1 11, to part 6 of article 14 of this Federal Law;

9) is carried out by monitoring of implementation by public authorities of subjects of the Russian Federation of powers of the Russian Federation on management and the order of the parcels of land, other real estate units which are in federal property;

10) ceased to be valid according to the Federal Law of the Russian Federation of 24.11.2014 No. 356-FZ

11) acquires in property the parcels of land and other real estate units for ensuring activities of single institute of development;

12) ceased to be valid

12. 1) acquires the property right to the parcels of land, other real estate units which are in federal property including the parcels of land, other real estate units concerning which the single institute of development acts as the agent of the Russian Federation, in case of introduction by the Russian Federation of such parcels of land, other real estate units as contribution to the authorized capital of single institute of development in the housing sphere or as contribution to property of single institute of the development in the housing sphere which is not increasing its authorized capital, for the purpose of, provided by this Federal Law, including for forming of property of mutual investment funds;

13) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 405-FZ

14) ceased to be valid

15) renders assistance to public authorities and local government bodies, legal entities in the field of development of the urban environment, territorial planning, town-planning zoning and the layout of the territory;

15. 1) ceased to be valid according to the Federal Law of the Russian Federation of 29.12.2015 No. 405-FZ

16) is performed by monitoring and forecasting of market situation of objects of housing stock and house construction, the market of construction materials;

17) ceased to be valid

18) ceased to be valid

18. 1) performs investing activities in the form of capital investments in construction and acquisition of premises;

18.1-1) performs reconstruction, general and (or) running repair of the real estate units located on the parcels of land of single institute of development;

18. 2) is performed in accordance with the established procedure by performance of works, the data connected with use which are the state secret;

18. Develops 3) and sends to local government bodies of the offer on modification of master plans and rules of land use and building of settlements, city districts regarding establishment and change of borders of settlements and borders of functional and (or) territorial zones, establishment and change of town-planning regulations;

19) performs other functions necessary for ensuring realization of the purposes and tasks provided by this Federal Law, and also established by decisions of the Government of the Russian Federation.

3.1. Stipulated in Item 12.1 parts 3 of this Article introduction by the Russian Federation of the parcels of land, other real estate units which are in federal property including the parcels of land, other real estate units concerning which the single institute of development acts as the agent of the Russian Federation, as contribution to the authorized capital of single institute of development in the housing sphere or as contribution to property of single institute of the development in the housing sphere which is not increasing its authorized capital is performed based on the solution of the federal executive body performing functions on management of federal property.

4. For goal achievement of activities, the solution of tasks, accomplishment of functions of single institute of development it has the right to conclude with public authorities, local government bodies, with other organizations of the agreement, the providing measures for assistance to development of house construction, condition of their realization.

4.1. For goal achievement of activities, the solution of tasks, accomplishment of functions of single institute of development it together with builders has the right to exercise construction supervision (including behind quality of the works performed by persons performing construction) according to this Federal Law and on the conditions provided by agreements on complex development of the territory, agreements on development of unbuilt area, lease agreements of the parcels of land of single institute of development, agreements of free use by the parcels of land of Fund agreements on complex development of the territory signed according to this Federal Law.

4.2. For goal achievement of activities, the solution of the tasks determined by this Federal Law, the single institute of development in the order of the federal executive body performing functions on management of federal property disposes of the parcels of land on which state-owned property is not differentiated and concerning which interdepartmental collegiate organ the decision, is accepted methods which are specified regarding 1 article 12.2 of this Federal Law, taking into account features, the stipulated in Clause 16.7-1 present of the Federal Law stipulated in Item 2.1 parts 1 of article 12 of this Federal Law. The order is not allowed by single institute of development by the parcels of land specified in this Item, different ways.

5. Distribution between authorities of single institute of development in the housing sphere of the powers necessary for implementation of the activities provided by this Federal Law, is determined by the charter of single institute of development.

Article 4.

Voided according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ

Chapter 2.

Voided according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ

Chapter 3.

Voided according to the Federal Law of the Russian Federation of 23.06.2016 No. 221-FZ

Chapter 4. Decision making about use of the parcels of land, other real estate units which are in federal property, the parcels of land on which state-owned property is not differentiated

Article 11. Procedure for preparation of offers on use of the parcels of land, other real estate units which are in federal property, the parcels of land on which state-owned property is not differentiated for house construction, for construction of facilities, the construction materials intended for production, products, designs for the purposes of house construction, creation of parks, industrial parks, technoparks, business incubators and other development of the territories

1. Preparation of offers on use of the parcels of land, other real estate units which are in federal property of the parcels of land on which state-owned property is not differentiated, for house construction, for construction of facilities, the construction materials intended for production, products, designs for the purposes of house construction, creation of parks, industrial parks, technoparks, business incubators and other development of the territories (further - offers on use of the parcels of land, other real estate units) is performed by single institute of development based on lists of the parcels of land which are in federal property (including with the real estate units located on them) and the parcels of land on which state-owned property is not differentiated, the subjects of the Russian Federation directed by public authorities in single institute of development (further - lists of the parcels of land), and other data on the parcels of land which are in federal property, other real estate units, the parcels of land on which state-owned property is not differentiated. Public authorities of subjects of the Russian Federation perform preparation of lists of the parcels of land, including taking into account the addresses specified in part 3 of this Article. The form of the list of the parcels of land and structure of the documents attached to it affirm authorized federal executive body.

2. Lists of the parcels of land can include the parcels of land which are in federal property or state-owned property on which is not differentiated and of which the parcels of land can be formed. In this case annexes to lists of the parcels of land are general lay-outs of the parcels of land on the cadastral plan of the territory or the approved boundary-setting plans.

2.1. Lists of the parcels of land can include the parcels of land which are in federal property and on which the property which is in federal property is located, does not treat real estate and is assigned on the right of economic maintaining or operational management to the federal state companies, the federal state companies (further - the federal state unitary enterprises), the federal state institutions, the state academies of Sciences, public institutions entering into structure of the Russian Academy of Sciences and (or) considered in the register of federal property (further - other property).

3. Local government bodies, legal entities have the right to address to public authorities of subjects of the Russian Federation with initiatives about inclusion of the parcels of land which are in federal property including with the real estate units located on such parcels of land, other property, and also the parcels of land on which state-owned property is not differentiated, in lists of the parcels of land.

4. Within thirty days from receipt date of the addresses specified in part 3 of this Article, the public authority of the subject of the Russian Federation shall consider these addresses and include the corresponding parcels of land in lists of the parcels of land or direct motivated refusal in such inclusion.

4.1. Joint-stock companies concerning which the Russian Federation has the right to dispose of hundred percent of total quantity of the voices falling on the voting shares constituting the authorized capital having the right to address to single institute of development with initiatives about inclusion of the parcels of land transferred to them according to lease agreements which are in federal property including with the real estate units located on such parcels of land in lists of the parcels of land.

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