Ministry of Construction, Architecture, Housing and Communal Services of the Republic of Tatarstan

The Decree of the Government of Russia on anti-crisis measures to stabilize the financial condition of organizations in the field of housing was signed

3 April 2020, Friday

In accordance with the order of the Chairman of the Government of the Russian Federation, Mikhail Mishustin, to ensure operational preparation and approval of new government acts related to the fight against the coronavirus pandemic and its impact on the social sphere and the country's economy, the Ministry of Construction of Russia has developed a document that includes a temporary softening of the current legislation to developers. The document was approved by the Government of Russia on April 2, 2020 and published on the official Internet portal of legal information. In particular, anti-crisis measures relate to violation of the deadline for the transfer of the shared construction object, violation of the deadline for completion of the construction and bankruptcy proceedings. “The proposed changes take into account the situation in which conscientious developers find themselves in a pandemic, they will reduce the financial burden until January 1, 2021 both for developers and participants in shared construction,” - said the Minister of Construction, Housing and Communal Services of the Russian Federation Vladimir Yakushev.

The document establishes the particulars of applying the forfeit (fine, penalty), other financial sanctions, as well as other forms of liability for non-performance or improper performance of obligations under participation contracts in shared construction established by law. The period from the date of entry into force of the decision up to January 1, 2021 is not included in the accrual period of the listed penalties under the equity agreements. Also, when calculating losses, losses incurred during this period are not taken into account. Provisions are made for the calculation of interest payable to a citizen — they are halved. The features of inclusion in the register of problematic objects of houses are established, in respect of which the developer has violated the deadlines for completing construction or the obligation to transfer the shared construction object to the interest holder for more than six months. If such a violation arose after the entry into force of the decision, the object will be included in the register of problematic objects after January 1, 2021, if as of this date the grounds for its inclusion in the register no longer exist.

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