How to private participation in the joint construction is widespread in the Russian real estate market for over a decade ago - because of the high cost of borrowing from banks, but also due to the tough credit conditions. The active involvement of individuals to invest housing began in the early 2000s, and successfully developed a mechanism, although there were cases of fraud on the part of developers. However, the high risks weakening the influx of willing unimportant, since the number of defrauded real estate investors did not exceed 10-12%. It should be noted that for the most part the developers did not intend to cheat. However, if there is a loophole in the law, there will always be willing to use it. Institute of equity legislation was introduced in the Russian practice at the end of 2004, after the adoption of the "housing package." The Federal Law "On participation in joint construction" (214-FL) was the most talked document to professional real estate market participants throughout 2005. But his strict standards were not met by most developers for two main reasons: found workarounds, federal authorities have not established an appropriate oversight body whose main function is to monitor cases of non-law. Gray schemes have reduced the risks of real estate developers and potentially extended the possible misuse of money, real estate investors. All developers are required to sell apartments in new buildings on the 214-FZ, that is, by contract participation in share construction (DDU). But more often used preliminary contracts or bills of exchange scheme, which is the result of the principle of freedom of contract. Today, according to experts at 214-FL built 25-30% of the housing. There is every reason to believe that the economy-at least here, since there is practically defrauded real estate investors do not have expensive real estate buyers (business category, the more elitki). Indirectly, this indicates a systematic fraud, but direct evidence of such activity there. After amending the 214-FZ share apartments, whose construction is carried out using DDU, began to increase. Also, the implementation of apartments can be conducted through the housing and construction, housing and savings cooperatives (HBC and WNC), as well as through special housing certificates. These mechanisms are provided by law. Even when entering preschool institutions are risks - failure to developer obligations, recognition of rights to land invalid, unconnected to the main objects of the utilities, and other such acts of God or close to the circumstances. Participation in joint construction on the site, provided the right to lease, poses serious legal risks because the legislation contains provisions that contradict each other. Also, do not determine if there is a builder ownership of the object before or after its completion, although the law provides that before the transfer of an apartment building party risk of loss rests with the developer. In this connection may encounter problems with the registration of ownership of the housing. In addition, the landlord may apply for early termination of the lease (even longer - 49 years), including during construction. To minimize risk, interest holders should know the basic provisions of 214-FZ. At the conclusion of DDU advisable to consult qualified lawyers. The law outlines the responsibilities of both the developer and private investor. Party failed to fulfill or improperly fulfilled its obligation to pay statutory and contract penalties (fines, penalties) and fully compensate for damages (Art. 10). One of the important conditions of the contract is the term handover party participatory construction. In accordance with paragraph 2 of Art. 6 in the case of non-term developer shall pay a penalty (fine) in the amount of 1 / 300 CBR refinancing rate, effective on the date of the obligation of the contract price for each day of delay. If a party is a citizen of the shared construction, the penalty shall be paid at double time. In general, maximum security interest holders in a position to the right of the federal government. Until the end of 2012 the Government intends to fully resolve the issue defrauded real estate investors. Recall that, according to the Ministry of Regional Development, in our country, more than 900 for a unit share of construction in 67 regions (out of 83). That is, the problem is nationwide, since every year we have built about 700 thousand apartments, including 350-400 thousand - with the involvement of private individuals. To defrauded real estate investors is about 84 thousand people (5-10% annually apartments to be built). Coordinates the work of the Coordinating Council of the Ministry of Regional Development. In the near future to consider the following mechanisms to solve problems: fund-raising of citizens (shareholders) with a view to completion in the case of a high degree of readiness of the facility; allocation of land for individual construction as compensation, the use of budgetary credits regions, the possibility of lending to property developers Sberbank of Russia, the introduction of requirements developers to prove their financial viability and technical capacity to build apartment buildings in the case of fund-raising citizens the possibility of introducing compulsory insurance of liability of the builder. In addition, regional authorities shall take the following steps to increase the investment attractiveness of distressed buildings: the reduction or complete elimination of the cost of connection to utility services and the optimization of design and estimate documentation, change the plot area to increase its investment performance, partial or complete rejection of the proportion of apartments, which have been proposed to be transferred to municipal or regional ownership. To successfully address the control subsystem of the market should exclude the possibility of radically order other people's money inappropriately. Offers many options for protection, in particular: to register in the 214-FZ, which the developer can only be a company with a certain amount of authorized capital (similar to how these issues are resolved in the banking sector), to introduce compulsory insurance as a whole project, and each contract equity, provide government guarantees repayment of funds in bankruptcy builder (similar to the deposit insurance) to criminalize both the officials of construction companies and real estate investors for entering into contracts in accordance with the 214-FZ. Currently, discusses the introduction of compulsory insurance for construction companies. According to experts RWAY, this does not solve the problem of misuse of funds. As world experience shows, the most radical way of protecting the interests of shareholders is the introduction of targeted accounts. Most probably the gaps in the domestic legislation is not only related to the youth of the Russian market, but are systemic in nature.
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