Duma about the shareholder

The sensational law on shared construction began to be corrected yesterday in the State Duma adopted in the first reading the bill "On participation in shared construction". Despite the ambiguous attitude to the new amendments of the unfortunate law - both among deputies and among businessmen of the construction market - there was no dispute around the document. The absolute majority (379 deputies) spoke for the adoption of the bill.

The main amendment to the law: the abolition of the joint liability of developers and banks to equity holders. The developers called this norm the main reason for the anomalous growth in housing prices that has occurred recently. The fact is that, according to the current law, liability to equity holders for unfinished banks was shared with developers. As a result, banking structures reluctantly gave loans to construction organizations, and the rates were very high. In the new bill, this norm is canceled.

Storaks will also be reduced for non -compliance by the builder of their obligations: from 64 to 32% per annum. The same measure was affected by equity holders, the sanctions for which are reduced from 32 to 16%. In contrast to the current law, the amendments give developers the right to break the contract with the shareholder unilaterally if the latter does not fulfill its obligations.

It cannot be said that it was easy to issue a bill “into people” for discussion of parliament - the relevant committee of the State Duma for industry, construction and high -tech technologies. Its chairman Martin Shakkum admits that there were great doubts about the need to amend, since they do not guarantee the return of funds to equity holders. Also, according to the deputy, the document must more clearly register the state registration of shared construction contracts, and the control of the procedure for registering equity holders to the facility to assign to a particular executive body, which has not yet been determined.

In connection with the problem of state registration, Shakkum also notes the need to create the final list of grounds for refusal. Currently, state registration of contracts is one of the most confusing provisions. Most equity holders seek the right to bring them to the register by rallies and petitions.

According to deputy Alexander Khinshtein, the development of a standard contract is necessary to prevent abuse. According to the deputy, it is also necessary to amend the Tax Code: the fact is that now the sub -tax deductions when buying an apartment can receive only upon joining the right of ownership. In addition, the deduction procedure itself is regulated by departmental documents of the Federal Tax Service.

However, the developers themselves are in no hurry to celebrate victory. Moreover, before the start of parliamentary hearings, they actively lobbied their transfer in order to finalize the bill. “I am categorically against the adoption of amendments, since they do not decide anything,” the President of the Mirax Group Corporation, the vice -president of the Russian Builders Association Sergei Polonsky, explained the position of the construction lobby on the eve of the first reading. “After all, no one interferes with the developers - according to the new law - to embrace the site with fence, collect money, and then hide.” The businessman proposes to amend, according to which the share of funds deposited by the developer to the project should be increased from 10 to 30%. He does not hide that this measure will seriously reduce the number of builders' companies. “Serious firms should work in the construction market,” he is sure. “And if the businessman does not have enough funds, then let him sell pies.” True, as this innovation will protect equity holders, Polonsky did not explain.

04/05/2006 / Denis Pumpul, the material was published in the "newspaper" No. 59 dated 06.04.2006.