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16/09/2008
Amendments to the law on co-building and other laws made by the first Deputy Chairman of the Duma faction Valery Ryazansky, Deputy Chairman of the budget committee, Alexander Kogan, a member of Sovfeda Svetlana Orlova, and other MPs. To protect the rights of citizens, investing in housing under construction in 2004 adopted a law on co-construction: the risks for citizens to minimize possible, but for the builders to attract the money of citizens has become more difficult and less profitable, say the authors in the explanatory note.
Law is so tight that the share of construction contracts on the market sold only 10% of housing, the rest - through contracts soinvestirovaniya, on the provisional sale and purchase, or through the sale of promissory notes to redeem it from the apartment. These contracts protect investors, bad, and now the builders is not easy to finance, so that there may be a new wave - «deceived co», explains Kogan.
MPs offer strictly prohibit raising funds against the rules of law co-construction. Violations - penalties: up to 50 000 rubles. - For officers and up to 1 million rubles. - For companies.
This is significant for the builder's fine, complains Development Director «Benef Engineering» Jaroslav Kozlov. We must learn to work on the rule of law - and the fines will not be, said the representative of «SU-155». The ban on the sale of apartments in the circumvention of the law on co-construction - the only possible solution, says the commercial director of «Snegiri» Dmitry Shmelev. But to prohibit the legitimate use of other schemes to raise funds citizens can not be sure Dmitry Lutsenko, a member of the board of directors Mirax Group. The company sells the apartments for a variety of schemes, the main thing - do not interfere with the civil and construction codes, he said.
Builders still advantageous to take loans from banks as a means to involve citizens, making the discount in 20-25% of the cost of flat, considers Kozlov. In a memorandum with the IPO PIC indicated that use different schemes to raise funds, so there is a risk of claims for repayment of funds. In 2009, the company will go entirely to the law on co-construction, said the representative of PIC Dmitry Ivliev.
Enticement for developers, cooked deputies - freeing the developer to build a sharing of the VAT. This year, flats sold under contracts of two years, and in 2006, the loss budget of this measure, the MPs praised in 7.2 billion rubles. Due to the growth of tax returns to the 1.7 billion rubles. But at the expense of the fee for registration of contracts of participation (for citizens - 500 rub., For companies - 7500 rub.) - 1.3 billion rubles. Total loss - 4.2 billion rubles. The budget of this amount will not even notice, but for builders, it is essential, said Cogan.
Government officials said that they had not yet received the bill, but implied that the government will be against the benefits of VAT. A senior official Minregiona grinding against the law on co-construction: «It is necessary to depart from the equity of the system of buying and selling of finished apartments». The authors have received formal approval of their ideas from the Ministry of Finance, Ministry of Justice and Minregiona objects source close to one of the sponsors of the amendments.
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