215 law on construction. Federal Law "On Housing Savings Cooperatives". How an organization is registered

The impossibility of using mortgages to buy their own homes by the general public led to the legislative development of alternative options that would allow attracting for these purposes not bank capital, but the own funds of persons wishing to purchase an apartment.

The funding mechanism was based on the international experience accumulated, first of all, in Germany, and the Soviet one - in the creation of mutual aid funds.

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Structures designed to help citizens buy housing on alternative mortgage terms are called "housing savings cooperatives" (ZhNK), whose activities are regulated by Federal Law No. 215-FZ of December 30, 2004.

What kind of relationship is regulated by the law?

The law outlines the legal, organizational and economic aspects of activities legal entitiescreated for the accumulation and use of funds of the population for the construction or purchase of housing.

Taking part in financing, a citizen becomes a member of a cooperative, acquiring, among other things, the rights and obligations to participate in the management of the organization, which, according to the legislator, should become the main insurance instrument for protecting his rights.

Federal Law No. 215 regulates:

• the algorithm for the creation of a ZHK, its reorganization and liquidation;
• basic principles of work and insurance mechanisms financial sustainability;
• rights and obligations of members of the cooperative and management bodies;
• measures of state control and guarantees to protect the interests of citizens.

ZhNK got the following opportunities:

• to attract financial resources of citizens who are members of the cooperative;
• purchase housing for the money of shareholders;
• participate in construction as a developer or equity holder;
• to attract borrowed funds in the amount of no more than 40% of the value of property owned by the cooperative.

The main idea laid down in the law is to provide regulatory opportunities for pooling financial resources of citizens in order to acquire residential premises.

Basic provisions

Structurally, the law consists of six chapters and is structured as follows:

• Chapter 1 contains general provisions. Describes adjustable regulation relations, provides a decoding of the concepts used, and also establishes the basic provisions on the ZhNK, its members, constituent documents and the procedure for interaction between shareholders and a legal entity.
• Chapter 2 defines the procedures and mechanisms for the creation, reorganization, and liquidation of ZhNK. In particular, it has been established that the number of members of the cooperative should be in the range from 50 to 5000 people. The possibility of reorganization is limited by the transformation into a ZhK, ZhSK or HOA. It was determined that the supervision of the organization's activities is entrusted to the Central Bank of the Russian Federation, which maintains a register of such legal entities.
• Chapter 3 is devoted to the main provisions of the cooperative's work to attract and use money for the purchase of residential premises. This is a key section of the law, which sets out in detail the procedure for the operation and regulates the relationship between the cooperative and its members, the purchase and transfer of housing, the mechanisms of eviction upon termination of membership, information disclosure, reporting and other significant issues.
• Chapter 4 describes the management of the cooperative. It determines that the supreme governing body is the general meeting of members, the procedure for convening it and outlines the range of issues within the competence, sets out the requirements for the work of the board and general director, and also established responsibility officials organizations for incurred losses.
• Chapter 5 is devoted to the issues of ensuring the financial stability of the ZhNK and supervision over its activities. This is the most important section of the law, which introduces restrictions on activities, criteria for financial stability and control mechanisms, as well as establishes liability for non-fulfillment of obligations, audit requirements. In addition, the authority of the Central Bank to exercise supervisory functions is spelled out here.
• Chapter 6 has the title "Transitional Provisions and the Entry into Force of this Federal Law". The normative legal act was issued at the end of 2004, therefore, over the past period, the articles contained in the section have lost their relevance and are not of interest to the average user.

The key articles of the Law describing the procedure for joining a cooperative, as well as the rights and obligations arising from this, are given in the table.

In the law on housing savings cooperatives, the following main points can be distinguished:

• the name of a legal entity must contain the words "housing savings cooperative";
• the main activity is the purchase of housing for members of the ZhNK;
• obligatory registration of cooperative members in the Unified State Register of Legal Entities;
• limiting the number of members of the cooperative (from 50 to 5000 people).
• supervision by the Central Bank;
• separation of bank accounts by economic activity and buying a home;
• mandatory annual audit;
• the ability to exit and return shares.

The law prohibits ZhNK from performing the following actions:

• issue loans to both individuals and legal entities;
• make a donation;
• be a surety for the obligations of shareholders and third parties;
• invest assets belonging to the cooperative in the authorized capital or property of other legal entities, except for self-regulatory organizations that unite ZhNK.

In accordance with the law, any citizen of Russia who has turned 16 years old can become a member of the cooperative.

Of the documents, only a passport is required, as well as certificates of TIN and state pension insurance. Other documents required by the bank for issuing a mortgage are not needed in this case.

When joining a cooperative, a member of the cooperative must decide which apartment he wants to buy or build, and indicate this in the application.

As a result, a document will be signed that will determine what the size of the share contribution is, when and in what shares it must be paid.

The most common questions and answers to them after reading the Federal Law on housing savings cooperatives of citizens are given in the table.

Usually, a member of the cooperative gets the right to receive an apartment after two years. If he pays half of the installment by that time, then the loan allocated to him should be interest-free.

With a lower figure (from 30 to 50%), a part of the amount (maximum 20%) ZHK will not be entitled to cover from the funds of the shareholders. The organization will need to take out a loan for this purpose, the obligation to repay the interest of which will fall on its member.

In practice, most housing savings cooperatives, not wanting to contact banks or not being able to get money on preferential terms, prefer schemes for providing housing after paying at least half of its cost, which is also allowed by law.

Controversial points and disadvantages

World practice shows that ZhNK work well in a stable economy. With galloping inflation and unpredictable dynamics of housing prices, such organizations may experience difficulties that will lead to the impossibility of fulfilling their obligations to shareholders.

For such an organization to function normally, two conditions must be met:

• regular receipt of contributions for the maintenance of the apparatus and the implementation of regular payments;
• the funds returned by borrowers should be sufficient for issuing new loans.

If the market is stable, then such problems do not arise, and the system functions perfectly.

The crisis can cause an outflow of shareholders, which will lead to the inability to maintain the required management staff. And the rise in prices will require an increase in share contributions to cover the budget deficit intended for the issuance of loans.

The market for accumulative cooperation is still underdeveloped. According to the Central Bank, as of the current date, only 86 such organizations have been registered, and 20 of them are in the process of liquidation.

The disadvantages of ZhNK include:

• rather high costs for membership feelost when leaving the cooperative;
• it is required to wait at least two years from the moment of joining the organization until the receipt of a loan and, accordingly, the purchase of an apartment;
• the rights to real estate belong not to the shareholder, but to the ZhNK, until the person fully pays off the loan, which means that there are risks of losing housing due to unfair actions or mistakes of the management of the cooperative.

The first two points are a kind and low payment for the use of alternative sources of financing, when compared with mortgage lending.

The last drawback can be leveled by choosing a reliable ZhNK and active participation in his work.

It should be noted that such financing schemes are intended for people with an active life position - no Central Bank will control the work of the cooperative's board better than the shareholders themselves.

Information about changes and additions

During its existence, the Federal Law has undergone a small number of changes and additions.

The most important adjustments were made on 23.07.2013. They are connected with the fact that the FFMS of Russia, which was entrusted with control over the activities of the ZhNK, was abolished, and its functions were transferred to the Central Bank of the Russian Federation.

At the same time, the term "control" was replaced by "supervision". This is not just a game of terms, but a significant change in the relationship between the representative of the state - the Central Bank and the audited organization - the housing savings cooperative.

Housing savings cooperative created by citizens Russian Federation on a voluntary basis. The purpose of the union - meeting the needs of members of the cooperative for housing.

To settle legal relationship, was created the federal law No. 215 "On housing savings cooperatives".

The essence of 215 FZ

Federal Law No. 215 "On Housing Savings Cooperatives" was adopted by the State Duma on December 22, 2004, and approved by the Federation Council two days later of the same year.

The law defines economic, legal and organizational principles activities of cooperatives for the purpose of using citizens' funds for the construction or purchase of new housing.

Read about the latest changes in Federal Law 89

Summary of Federal Law No. 215:

• Chapter 1 - lists the general provisions of this Federal Law;
• Chapter 2 - discloses the liquidation, creation or reorganization of the cooperative;
• Chapter 3 - lists the main provisions on the work of the cooperative, including the use or attraction of funds for the acquisition of new residential premises;
• Chapter 4 - describes the methods of managing the housing cooperative;
• Chapter 5 - controls the activities of the association and ensures the financial stability of the activities;
• Chapter 6 - lists the transitional provisions and the entry into force of the bill.

The latest amendments to the law "On housing savings cooperatives" were made on July 3, 2016.

Last changes

As stated above, last changes Federal Law 215 "On housing savings cooperatives" were introduced on July 3, 2016. In particular, the following articles have undergone changes:

Part 3 has changed in Article 14. The Bank of Russia may require the court to liquidate the cooperative if repeated requirements that were listed in this Federal Law have been violated.

Article 17 changed paragraph 1 of part 1. It says that if a cooperative has created its own personalized charter, it must notify the self-regulatory organization about it. In particular, forms of participation in cooperatives should be adopted if such documents are available.

Paragraph 2 was amended. It states that information must be provided about the persons who are part of the housing cooperative. If was created separate organization, which unites housing savings associations, then information about such an organization must be transferred.

Article 20 set out part 3 in new edition... It states that the annual report, previously created by the cooperative, must be submitted to the Bank of Russia or a self-regulatory organization (if the Bank of Russia has delegated to it the authority to audit financial statements).

Article 27.

Part 6 of Article 27 was amended. The forms of participation that have been established by this Federal Law can be sent by the housing cooperative to a self-regulatory organization in order to receive an opinion in the form of an official document.

P 5 article 48 was amended. It says that a member of the association has the right to contribute their housing in the form of a contribution to the pooled capital or otherwise participate in the creation of property of legal entities. An exception is the creation of property for a self-regulatory organization in the field of the financial market, which has united several housing savings associations.

Clause 8 Part 1 of Article 51 was amended. It states that the Bank of Russia may receive copies of documents from the self-regulatory organization and housing cooperatives, which are necessary to assess the pre-established requirements for financial reporting.

Part 1 of article 56 was set out in a new edition. It says that housing savings cooperatives can join a self-regulatory organization that brings together similar organizations. For this, the procedure of the Federal Law "On Self-Regulatory Organizations in the Financial Market" is applied. Additionally, legislative acts that were adopted by the Bank of Russia are taken into account. Documents must be accepted within 90 days after the occurrence of one of the following cases:

• The non-profit organization received the status of a self-regulatory organization in the field of the financial market;
• Participation in a self-regulatory organization has been completed;
• A housing accumulative cooperative was created.

Below are the main articles of the Federal Law "On Housing Savings Cooperatives":

Provides for the responsibility of the association. The cooperative is responsible for its own obligations and property belonging to it. However, it is not responsible for the obligations of its members.

Article 7 of the Federal Law 215

Article 7 lists the rights of members of cooperatives:

• participate in their activities and nominate themselves for managerial positions;
• agree or oppose acquisitions for the merger;
• enjoy the prescribed benefits;
• request information of interest from the manager;
• bequeath or transfer your share for free use;
• when transferring your share, receive funds;
• to claim the living quarters provided by the law.

Download the law on housing savings cooperatives

The Federal Law "On Housing Savings Cooperatives" regulates relations related to the activities of organizations, the procedure for their creation and the rights and obligations of participants. To learn more about the latest edition of the Federal Law, download it at.

Some of the most important questions that buyers of new buildings are interested in: Is it possible to buy this new building? Is it profitable to invest in a particular residential complex? Are the buyer's rights protected?
In response, you can always hear from the developer's representative: Of course, construction is being carried out in accordance with 214 FZ, and not 215. And everyone nods their heads in the affirmative, but in fact it is clear how exactly the buyer is protected by FZ No. 214? How does it differ from Federal Law No. 215?
ФЗ №214 - this is the law on participation in shared construction, replaced from July 1, 2019 by the concept of project construction apartment buildings and other real estate objects, ФЗ №215 - this is the law on housing savings cooperatives. This leads to their distinctive features:

Previously, Federal Law 214 was formalized by an equity participation agreement; from July 1, 2019, developers will be able to attract citizens' money only to special accounts in authorized banks. That is, the client will pay for the construction of his apartment not to the developer, but to the bank. The funds will be held in special escrow accounts until the completion of the construction of the facility and the commissioning of the house.
Besides, construction company must have equity in the amount of at least 10% of the total project cost of building a house. At the same time, the opportunity to buy an apartment at the initial stage of construction will remain the same.
Construction companies will invest in construction either their own funds or loans taken from banks.
These changes will minimize the risks of citizens from the loss of client funds. In turn, after the completion of construction, the buyer is obliged to accept the apartment in accordance with the inspection certificate.

FZ-214 strictly stipulates the period, the period according to which the developer is obliged to transfer the construction object, the specific project construction object to be transferred on the basis of ownership, the price, the period for its payment, the warranty period for the construction object are determined;

Federal Law 215 provides for membership in a cooperative, thus strengthening the relationship between the housing cooperative and its participants. Joining a housing cooperative is determined by the charter of the housing cooperative itself and the Housing Code of the Russian Federation, but not by the law of Federal Law 215. You can become a member of the housing cooperative after submitting an application to the housing cooperative and paying the entrance membership fee and the first share contribution. In this case, information about the participant is transmitted to state Register legal entities.
Members of a housing construction cooperative may have obligations under the charter, for example, it may be an obligation to pay membership and admission fees (in addition to shares). Therefore, it is necessary to carefully study the charter and all constituent documents of the housing cooperative, as well as what is the procedure and size of contributions to be paid and the payment schedule itself, etc.

Which provisions of Law No. 214 protect the participant of project financing of construction?

The bank, in whose account the funds of citizens will be placed, will control and have the right to refuse to carry out operations related to the misuse of funds. Other monetary transactions for the construction of an object outside the framework of the law on shared construction will be prohibited.

According to Article 12.1 of the Federal Law No. 214, the developer's obligations must be ensured in one of the following ways:
1) According to Articles 13-15 of the Federal Law No. 214, a pledge,
2) According to article 15.1 of the Federal Law No. 214, a surety
3) Liability insurance in the event of bankruptcy, or a bank guarantee, for failure to fulfill the obligation to transfer the object.

What does a participant in an equity participation agreement get from these methods of securing obligations?
1) refund of money contributed by the participant under the equity participation agreement or by virtue of Law No. 214,
2) payment of damages, penalties, fines, penalties that are due to a participant in shared construction for late delivery of the real estate object or improper fulfillment of obligations by the developer to transfer rights to the object, as well as all payments secured to him by the contract and (or) federal laws.

The conclusion of an agreement on the purchase of an apartment according to FZ-215 means that a future member of the cooperative wants to acquire housing, becoming a member of the cooperative and investing his own funds.
This form of contract is perfectly legal and more attractive in terms of cost. This is due to the lack of cash insurance, payment of VAT, the ability to hire less expensive contractors (who agree to work for cash).
When buying an apartment according to FZ-215, you can use and maternal capital, and take out a mortgage. Houses are usually low-rise and are quickly built.
But the risks in the acquisition are much greater, ranging from the lack of insurance to the impossibility of putting the facility into operation.
For members of the housing cooperative, the return of the money invested is possible only when leaving the cooperative. The housing cooperative can return them only if the necessary funds are available on the account. If there is no money there, payment is impossible. Everything legal issues resolved only by the charter of the cooperative.

In addition to the fact that the deadlines were delayed for a year, and now the house has not yet been connected to communications and transferred management company... And the most difficult thing about this is to turn the situation in your direction. It is almost impossible to get your money back. How to find a buyer for such an apartment.

Blame it all construction of a Housing Cooperative under 215 FZ... It is on it that housing cooperatives usually conduct construction. And this is initially the absence of any guarantees.

The main points, which are fundamentally different from those on which developers act in shared construction. Initially, HSC has a specific judicial practice to resolve disputes between members of the housing cooperative. Initially, Housing Cooperatives have the right to operate outside the scope of 214 FZ. What does this mean?

Beyond the cost square meters, you will have to pay entrance fees, which can grow up to 5 percent of the cost of the apartment. At the same time, the housing cooperative has the right to collect membership fees not only for the maintenance of the object, but also for its completion, if suddenly the money runs out.

A separate conversation about the contract. Under 214 FZ, the developer draws up only one contract, to which there may be annexes and additional agreements... In which the terms of construction, and the cost of the object, and penalties are prescribed. The shareholder of the housing cooperative, in addition to the contract, is obliged to sign the charter... The regulations of which have nothing to do with the norms of civil obligation th right. The only norm in it for housing cooperatives is the collection of additional contributions that may be required, for example, to complete a house. Terminating such an agreement is also not easy. For example, if, during construction under 214 FZ, the shareholder, in case of default on obligations, can terminate the contract and demand the return of his funds. In addition, a penalty may be required. Shareholders with a similar situation can count on a refund only upon leaving the cooperative. At the same time, membership fees will not be returned back. Penalty for missed deadlines is also not provided. Plus, even through the court, the housing cooperative pays money only if it has funds in its account. In their absence, even the court will not satisfy the shareholder's demand.

And what is most important - buying an apartment through a housing cooperative, you should not count on the law "On Protection of Consumer Rights"... It just isn't applicable. Therefore, a buyer of real estate through a housing cooperative is legally much less protected than a shareholder purchasing an apartment from a developer.

Therefore, when buying real estate, first of all, you need to pay attention to what law is under construction. Previously, you can find out about the legality of the object on the website of the Krasnodar administration. Objects under construction with violation can be seen on an interactive map by following the link Samostroi Krasnodar. But, even without finding an object there, it is worth clarifying information about the legality of the construction by calling 218-91-32 and 218-91-05.

The legal, economic and organizational foundations of the activities of housing savings cooperatives are determined to attract and use funds from citizens - their members for the acquisition or construction of residential premises in order to transfer them for use and after making a full share contribution to the ownership of members of housing savings cooperatives, as well as guarantees the protection of rights are established and legitimate interests citizens - members of housing savings cooperatives. The legal status of housing savings cooperatives, the rights and obligations of their members, the procedure for the creation, reorganization and liquidation of housing savings cooperatives, as well as the procedure for their activities to attract and use citizens' funds for the purchase of residential premises are established.

The number of members of the cooperative may not be less than 50 and more than 5 thousand people. The members of the cooperative bear the risk of losses associated with the activities of the cooperative within the limits of their unit accumulations.

Requirements for ensuring the financial stability of the cooperative's activities are established. In particular, the size of the part of the share contribution, after the payment of which arises the right to acquire or build a dwelling by the cooperative to transfer it for use to a member of the cooperative, cannot be less than 30% of the size of the share contribution of a member of the cooperative. The cost of acquiring the rights to residential premises under construction by way of equity participation and the cost of residential premises being built by a cooperative should not exceed 20% of the value of the cooperative's property. The minimum term for a member of a cooperative to make a part of the share contribution, after which the right to acquire or build a living quarters for a member of the cooperative arises, is determined by the charter of the cooperative. At the same time, starting from the second year of the cooperative's activity in attracting and using funds from citizens for the purchase of residential premises, the specified minimum period cannot be less than two years. Provides a list of transactions that a cooperative can perform only after obtaining consent general meeting members of the cooperative.

Constituent documents of previously created cooperatives and other organizations and carrying out activities to attract and use funds from citizens for the purchase of residential premises, with the exception of constituent documents housing and housing-building cooperatives are subject to harmonization with the Federal Law within a year from the date of its entry into force.

The federal law enters into force upon the expiration of ninety days after the day of its official publication, with the exception of a number of provisions for which a different entry into force is established.