PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of June 6, 2013 No. 263

About shared-equity construction of objects in the Republic of Belarus

For the purpose of optimization of legal regulation of shared-equity construction of objects in the Republic of Belarus I decide:

1. Approve enclosed:

Regulations on shared-equity construction of objects in the Republic of Belarus;

form of the standard agreement of creation of object of shared-equity construction.

2. Determine that:

2.1. local executive and administrative organs in case of approval of acts of the choice of the location of the parcels of land under construction object * have the right to determine that in case of the conclusion of agreements of creation of objects of shared-equity construction preference will be given to the citizens staying on the registry of persons in need in housing improvement and also to establish the principle of the conclusion of the called contracts with such citizens in the directions of local executive and administrative organs or without issue of such directions. At the same time on each construction object the share of premises in case of which conclusion of agreements of creation of objects of shared-equity construction preference shall be given to the citizens staying on the registry of persons in need in housing improvement can be established.

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* For the purposes of this Decree the terms determined in Regulations on the shared-equity construction of objects in the Republic of Belarus approved by this Decree are used.

The directions specified in part one of this subitem are issued out of turn to the citizens having the right to extraordinary receipt of the state support within the share of such 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 one of this subitem.

The builder signs agreements of creation of objects of shared-equity construction taking into account parts one and the second this subitem and according to priority of filing of applications by potential shareholders.

In case of the conclusion of agreements of creation of objects of shared-equity construction in the directions of local executive and administrative organs the builder within three working days from the date of publication of the project declaration shall report to the local executive and administrative authorities the list of objects of shared-equity construction which agreements of creation are signed in such directions, with information on objects of shared-equity construction;

2.1-1. publication of the project declaration is allowed only in case of construction by the builder of part of construction object at the expense of own (raised) funds (except the raised funds of shareholders) in the amount, component at least 15 percent from the project cost of construction determined in the project documentation;

2.2. consumer protection, connected with the relations following from the agreement of creation of object of shared-equity construction is performed according to this Decree and the consumer protection law in the part which is not contradicting this Decree.

The consumer protection law is applied to specific goods, works (services) which were used or executed (are rendered) in the course of asset construction of shared-equity construction, proceeding from the cost of such goods, works (services) and their compliance of the project documentation;

2.3. attraction by the builder, more than 50 percent of shares (share in authorized fund) of which which are the state organization or the organization is in state-owned property, the physical persons interested in asset construction of shared-equity construction, to participation in construction of such object and the conclusion of the agreement of creation of objects of shared-equity construction is made independently or according to its order by the state realtor organizations based on contracts for rendering realtor services;

2.4. after acceptance for operation of the object which is under construction on commercial basis (without use of the state support and restriction of profit of the builder), the part of profit shall go the builder to the contractor. The size and conditions of receipt of additional resources by the contractor from profit of the builder make a reservation the parties in the construction contract.

3. Control of procedure for the conclusion and execution of agreements of creation of objects of shared-equity construction by the parties is performed by the local executive and administrative organs which issued to the builder allowing documentation on shared-equity construction of construction object.

Regional and Minsk city executive committees by the builder having the right in case of non-execution (violation) of obligations on creation of construction object to perform replacement of the builder in the cases and procedure established by Council of Ministers of the Republic of Belarus.

The new builder on construction object does not bear responsibility according to obligations of the former builder.

4. Recognize invalid:

subitem 1.24 of Item 1 of the Presidential decree of the Republic of Belarus of March 1, 2007 No. 116 "About some questions of legal regulation of the administrative responsibility" (The national register of legal acts of the Republic of Belarus, 2007, No. 83, 1/8471);

subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of January 31, 2008 No. 55 "About some questions of shared-equity construction" (The national register of legal acts of the Republic of Belarus, 2008, No. 30, 1/9412);

subitem 1.16 of Item 1 of the Presidential decree of the Republic of Belarus of January 23, 2009 No. 52 "About modification and amendments in some presidential decrees of the Republic of Belarus concerning documentation of the population of the Republic of Belarus" (The national register of legal acts of the Republic of Belarus, 2009, No. 27, 1/10431);

Item 2 of the Presidential decree of the Republic of Belarus of July 2, 2009 No. 367 "About some questions of house construction" (The national register of legal acts of the Republic of Belarus, 2009, No. 161, 1/10848);

Items 33 and 62 of appendix to the Presidential decree of the Republic of Belarus of March 9, 2010 No. 143 "About single questions of the taxation" (The national register of legal acts of the Republic of Belarus, 2010, No. 66, 1/11477);

The presidential decree of the Republic of Belarus of July 19, 2011 No. 324 "About entering of amendments and changes into the Presidential decree of the Republic of Belarus of June 15, 2006 No. 396" (The national register of legal acts of the Republic of Belarus, 2011, No. 83, 1/12716);

subitem 1.1 of Item 1 of the Presidential decree of the Republic of Belarus of June 20, 2012 No. 281 "About modification of presidential decrees of the Republic of Belarus of June 15, 2006 No. 396 and of December 18, 2007 No. 657" (The national register of legal acts of the Republic of Belarus, 2012, No. 71, 1/13577).

5. To Council of Ministers of the Republic of Belarus:

in three-months time to provide reduction of acts of the legislation in compliance with this Decree;

take other measures for implementation of this Decree.

6. Operation of this Decree does not extend to the agreements of creation of objects of shared-equity construction signed to its introduction in force.

7. This Decree becomes effective in the following procedure:

7.1. Item 5 - after official publication of this Decree;

7.2. other provisions of this Decree - in three months after its official publication.

Approved by the Presidential decree of the Republic of Belarus of June 6, 2013 No. 263

Regulations on shared-equity construction of objects in the Republic of Belarus

Chapter 1. General provisions

1. This Provision governs the relations on attraction of money:

the citizens staying on the registry of persons in need in housing improvement for shared-equity construction of premises in apartment apartment houses with use of the state support and (or) with limited profit of the builder;

citizens, including individual entrepreneurs, and legal entities for shared-equity construction of residential and (or) non-residential premises in apartment apartment houses and (or) other real estate objects on commercial basis (without use of the state support and restriction of profit of the builder);

citizens, including individual entrepreneurs, and legal entities for shared-equity construction of single-family apartment houses, and also residential and (or) non-residential premises in the blocked apartment houses and (or) other real estate objects.

2. For the purposes of this provision the following terms and their determinations are applied:

the state support - the support for construction of premises given to shareholders in the form of provision of soft credits and (or) one-time subsidies according to the legislation;

the shareholder - the physical person which reached eighteen-year age (sixteen-year-old - in case of its announcement in accordance with the established procedure sui juris), including the individual entrepreneur, and (or) the legal entity who signed the agreement of creation of object of shared-equity construction (further - the agreement) with the builder;

the builder - the legal entity raising money of shareholders for construction by own forces and (or) with involvement of the third parties of objects of shared-equity construction by the conclusion of agreements;

other real estate object - the real estate object connected with the apartment house relating to the apartment house according to the project documentation on this house and located on one parcel of land provided for its construction, including barrier, the parking, the garages, other separate objects serving to target use of the apartment house;

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

common property of the apartment apartment house - the interroom stair enclosures, ladders, elevators, lift and other mines, corridors, roofs, technical floors and cellars, other public spaces bearing, protecting not load-carrying structures, the mechanical, electrical, sanitary and other equipment which is beyond limits or in residential and (or) non-residential premises, elements of gardening and improvement, and also other real estate objects serving to target use of the apartment apartment house;

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