The reasons for obtaining a land plot for lease without bidding have been adjusted due to the improvement of the mechanism for protecting the rights of defrauded equity holders
On July 13, Federal Law No. 202-ФЗ "On Amendments to the Federal Law" On Participation in Shared Construction of Apartment Buildings and Other Real Estate Objects and on Amendments to Certain Legislative Acts of the Russian Federation" and certain legislative acts of Russian Federation was adopted, published and entered into force.
The Fund for the Protection of the Rights of Citizens - Participants in Shared Construction is endowed with the functions of a developer and a technical customer in the implementation of activities to complete the construction in progress and infrastructure facilities, for the construction of which funds were attracted from participants in shared construction.
The procedure for placing information about construction-in-progress objects in the unified information system for housing construction has been adjusted.
Developers have received the right to dispose of the funds in escrow accounts after the commissioning of an apartment building, regardless of the entry into the Unified State Register of Real Estate of information confirming the state registration of ownership in relation to one object of shared construction that is part of an apartment building and (or) other real estate object.
The procedure for the formation of a single register of problem objects (including taking into account the requirement for their mandatory categorization) has also been determined.
Changes have been made, including to the Land Code of the Russian Federation.
The changes relate to the completion of the construction of apartment buildings and (or) other real estate, information about which is included in the unified register of problem objects.
The law provides for amendments to subparagraph 3.1 of paragraph 2 of article 396 of the Land Code of the Russian Federation. It was established that, in accordance with the order of the highest official of a constituent entity of the Russian Federation, a lease agreement for a land plot in state or municipal ownership is concluded without holding an auction if the land plot is also provided to legal entities that have undertaken the obligation to complete the construction of apartment buildings and (or ) other real estate objects, information about which is included in the unified register of problem objects in accordance with the Federal Law of December 30, 2004 No. 214-ФЗ "On participation in shared construction of apartment buildings and other real estate objects and on amendments to some legislative acts of the Russian Federation », For the construction (creation) of apartment buildings and (or) residential buildings of a blocked development, consisting of three or more blocks. The words "in the order established by the Government of the Russian Federation" are excluded from the specified norm.