RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of November 22, 2013 No. 1006

About approval of the Regulations on procedure of payments of the change in price of the agreement (the price of object of shared-equity construction)

According to the paragraph the second Item 3 of the Presidential decree of the Republic of Belarus of December 10, 2018 "About shared-equity construction" the Council of Ministers of the Republic of Belarus DECIDES: No. 473

1. Approve the enclosed Regulations on procedure of payments of the change in price of the agreement (the price of object of shared-equity construction).

2. Make to the Ministry of Architecture explanations concerning application of this resolution, and also take measures for its realization.

3. Operation of this resolution does not extend to the agreements of creation of objects of shared-equity construction signed before entry into force of the Presidential decree of the Republic of Belarus of June 6, 2013 No. 263 "About shared-equity construction of objects in the Republic of Belarus".

4. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of November 22, 2013 No. 1006

Regulations on procedure of payments of the change in price of the agreement (price of object of shared-equity construction)

1. This Provision establishes procedure of payments of the change in price of the agreement (the price of object of shared-equity construction).

2. In this Provision terms and their determinations in the values established by the Presidential decree of the Republic of Belarus of December 10, 2018 No. 473 are used.

3. The calculations proving the change in price of the agreement (the price of object of shared-equity construction) are carried out in current prices by reduction of construction cost of the apartment houses which are not completed by construction apartment or blocked, single-family apartment houses and (or) other real estate objects (further - objects), including objects of shared-equity construction, and the payments made by shareholders in the course of construction to the single level of prices for the first of creation of calculation.

4. Calculations of the change in price of the agreement (the price of object of shared-equity construction) are made by the builder taking into account the following categories of shareholders:

the citizens staying on the registry of persons in need in housing improvement, participating in shared-equity construction of premises in the apartment, blocked apartment houses, single-family apartment houses with use of the state support and (or) with limited profit of the builder (further - the citizens needing housing improvement);

citizens, including individual entrepreneurs, and the legal entities participating in shared-equity construction of residential and (or) non-residential premises in the apartment, blocked apartment houses, single-family apartment houses and (or) other real estate objects on commercial basis (without use of the state support and restriction of profit of the builder) (further - the citizens who are not needing housing improvement and legal entities).

5. The documents confirming construction cost not completed by asset construction, including object of shared-equity construction, and the size of the money deposited by shareholders and received by the builder form the basis for accomplishment of calculations (further - the actual payments).

6. Data on actual costs on construction not completed by asset construction, including object of shared-equity construction, are determined based on accounting data of the builder performing their accounting according to the legislation.

7. The construction cost not completed by asset construction, including object of shared-equity construction, is calculated by summing of the indexed cost of actual costs on construction on the first of creation of calculation taking into account their reference on object construction cost depending on categories of shareholders according to the legislation.

8. Calculation of cost not completed by asset construction is perfromed in the form established by the Ministry of Architecture.

9. The size of payments of all shareholders on the object which is not completed by construction, including on each object of shared-equity construction and (or) on each shareholder (each category of shareholders), is calculated by summing of the indexed actual payments on the first of creation of calculation.

10. The actual payments are accepted for calculations based on the reconciliation statement between the builder and the shareholder constituted according to payment documents and signed by both parties.

11. The actual payments include payment of the price of the agreement (the price of object of shared-equity construction) created according to the legislation.

12. Calculation of size of payments of the shareholder is perfromed in the form established by the Ministry of Architecture.

13. Indexes (coefficients) are accepted identical as for indexation of cost of actual costs on construction, and for indexation of the actual payments proceeding from conditions of the signed agreements of creation of objects of shared-equity construction and the construction contract.

14. The construction cost of one square meter of total area which is not completed by asset construction is calculated in the following procedure:

14.1. for the citizens needing housing improvement - by division of the indexed cost of actual costs into construction (without the indexed cost of actual costs on construction only for the citizens who are not needing housing improvement and legal entities) on the total area of object;

14.2. for the citizens who are not needing housing improvement and legal entities - by summing of construction cost of one square meter of the total area which is not completed by asset construction, calculated according to subitem 14.1 of this Item, and the cost calculated by division of the indexed cost of actual costs on construction only for the citizens who are not needing housing improvement and legal entities on part of the total area of object for these categories of shareholders.

15. The cost of the shared-equity construction which is not completed by asset construction is calculated in the following procedure:

15.1. for the citizens needing housing improvement - by summing of construction cost of the normative area of the object of shared-equity construction and construction cost of the area of the object of shared-equity construction exceeding normative.

The construction cost of the normative area of the object of shared-equity construction is determined by multiplication of construction cost of one square meter of the total area which is not completed by asset construction, calculated according to subitem 14.1 of Item 14 of this provision by the normative area of the object of shared-equity construction.

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