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Main Documents About preferential mortgage lending of citizens at acquisition of housing
Government of the Rostov region
The resolution of Sep. 5, 2018 No. 565
The current version with changes of Oct. 12, 2020
About

preferential mortgage lending of citizens at acquisition of housing

GOVERNMENT OF THE ROSTOV REGION

 

RESOLUTION

 

of 05.09.2018 No. 565

 

Rostov-on-Don

 

About preferential mortgage

crediting of citizens at acquisition of housing 

 

For rendering the state support to citizens at acquisition of housing in the territory of the Rostov region the Government of the Rostov region decides:

 

1. To approve the Provision on an order of preferential mortgage lending of citizens at acquisition of housing according to appendix No. 1.

2. To approve the Provision on an order of granting to credit institutions of subsidies for compensation of the half-received income in connection with granting to citizens mortgage loans (loans) for acquisition of housing on the terms of preferential mortgage lending according to appendix No. 2.

3. To the ministry of construction, architecture and territorial development of the Rostov region (S.V. Kuts) within 30 days from the date of adoption of the present resolution to provide entering of corresponding changes into Decrees of the Government of the Rostov region of 07.11.2011 to No. 95 "About an Order of Providing the State Support to Citizens in Acquisition (Construction) of Housing with Use of Means of the Housing Credit"  and of 18.11.2011 with No. 137 "About the adoption of the Provision on an order of providing social payments to citizens in the form of the budgetary subsidies for repayment of debt on the housing credits in case of the birth (adoption) of the child during subsidizing of interest rates for the housing credits".

4. To department of issues of public health care, social development, work and employment (Ward O.L.) within three months from the date of adoption of the present resolution to provide entering of corresponding changes into the Decree of the Government of the Rostov region of 30.12.2011 to No. 313 "About Creation of the Regional Interdepartmental Commission on Consideration of Issues of Improvement of Living Conditions of Separate Categories of Citizens" .

41. To establish period of validity of the certificates on the right for participation in preferential mortgage lending issued till December 31, 2020
till September 30, 2020.

5. The present resolution comes into force from the date of its official publication.

6. To impose control over the implementation of the present resolution on the Minister of Construction, architecture and territorial development of the Rostov region S.V. Kuts.

 

 

Governor

Rostov region                                                                          V.Yu. Golubev

 

 

The resolution brings

ministry of construction,

architecture and territorial

development of the Rostov region

 

 

Appendix No. 1

to the resolution

Governments

Rostov region

of 05.09.2018 No. 565

 

SITUATION

about an order of preferential mortgage

crediting of citizens at acquisition of housing

 

1. General provisions

 

1.1. The present Provision regulates an order of preferential mortgage lending of citizens at acquisition of housing within the subprogramme "Rendering measures of the state support in improvement of living conditions to separate categories of citizens of" the state program of the Rostov region "Territorial planning and providing the population of the Rostov region with affordable and comfortable housing", the Rostov region approved by the Government decree of 17.10.2018 No. 642.

1.2. For the present Provision the following basic concepts are applied:

1.2.1. Preferential mortgage lending – granting to citizens the mortgage loans conforming to the Uniform standard of mortgage lending of uniform institute of development in the housing sphere with the interest rate lowered on 4.5 percentage points from the base interest rate established by uniform institute of development in the housing sphere due to granting to the credit institutions which issued mortgage loans to the specified citizens, subsidies. According to the Federal law of 13.07.2015 No. 225-FZ "About Assistance to Development and Increase in Management Efficiency in the Housing Sphere and about Introduction of Amendments to Separate Acts of the Russian Federation" of function of uniform institute of development in the housing sphere are carried out by directly uniform institute of development in the housing sphere or its organizations.

1.2.2. The applicant (citizen) – the full age citizen of the Russian Federation registered at the place of residence in the territory of the Rostov region, conforming to requirements of the Uniform standard of mortgage lending of uniform institute of development in the housing sphere, who addressed to state budgetary institution of the Rostov region "Agency of housing programmes" (further – State Budgetary Institution RO Agentstvo zhilishchnykh programm) with the statement for participation in preferential mortgage lending, needing improvement of living conditions according to requirements of the present Provision or moved from emergency housing stock.

At the same time emergency housing stock is understood as apartment housing stock and also housing stock of the blocked building, recognized in accordance with the established procedure to the emergency, subject demolitions or reconstruction.

1.2.3. Treat members of the family of the applicant:

spouse (a) of the applicant;

their minor children who are not married;

the minor children of the spouse(s) who are in common living with the applicant, not married;

the other persons recognized in court as members of the family of the applicant;

according to the statement of the applicant – the full age children of the applicant who are in common living with the applicant and not married, the applicant's parents who are in common living with the applicant.

In family composition the children who are on full state providing and children concerning whom parents are deprived of the parental rights are not considered or are limited in the parental rights.

At the same time the persons specified in the present subparagraph, who are joint owners of the hazardous dwelling treat members of the family of the citizens moved from emergency housing stock.

1.2.4. Close relatives are parents, the applicant's children and also parents, children of the spouse(s).

1.2.5. A personal record of the applicant – the statement for participation in preferential mortgage lending with the application of documents provided by Section 2 of the present Provision.

1.2.6. The state support – granting to the citizen the right to participate in preferential mortgage lending.

1.2.7. Housing norm – 10 square meters of total area of premises (the sets of premises) on 1 person belonging to the applicant and members of his family on the property right and also occupied by the applicant and members of his family on the right of possession and use on social hiring in the public or municipal housing stock, including in the housing stock which is under economic authority of the enterprises or operational management of institutions.

1.2.8. The total area of premises – the sum of the areas of all parts of premises, including the floor area of auxiliary use, the domestic and other needs intended for satisfaction with citizens connected with their accommodation in premises except for balconies, loggias, verandahs and terraces.

1.2.9. Deterioration in living conditions – alienation of the owned applicant and members of his family of premises or a part of premises the total area equal or the total area of premises (set of premises) exceeding 10 square meters on one person, within one year about day of giving in State Budgetary Institution RO Agentstvo zhilishchnykh programm of the statement for participation in preferential mortgage lending.

1.2.10. The certificate – the personalized document certifying the right of the citizen for participation in preferential mortgage lending.

1.2.11. The commission – the regional interdepartmental commission on consideration of issues of improvement of living conditions of separate categories of citizens.

1.2.12. Credit institution – uniform institute of development in the housing sphere or its organization, the constructions which concluded the tripartite agreement on cooperation with the ministry, architecture and territorial development of the Rostov region and State Budgetary Institution RO "The agency of housing programmes (further – the tripartite agreement) and also the credit institutions granting to citizens mortgage loans according to the Uniform standard of mortgage lending of uniform institute of development in the housing sphere with the interest rate reduced by 4.5 percentage points from the size of the base interest rate established by uniform institute of development in the housing sphere for all term of crediting.

The list of credit institutions is placed in public places of State Budgetary Institution RO Agentstvo zhilishchnykh programm, including on the official site of State Budgetary Institution RO Agentstvo zhilishchnykh programm on the Internet. 

1.2.13. Mortgage loans are the credits and loans in currency of the Russian Federation conforming to the Uniform standard of mortgage lending of uniform institute of development in the housing sphere, given by credit institution on acquisition of premises in the territory of the Rostov region with the interest rate reduced by 4.5 percentage points from the size of the base interest rate established by uniform institute of development in the housing sphere for all term of crediting.

The uniform institute of development in the housing sphere brings the size of a base interest rate to State Budgetary Institution RO Agentstvo zhilishchnykh programm and notifies on change of these data within 10 working days from the date of change.

1.2.14. Norm of granting premises to the area – the total area of premises in limits: 33 square meters – for the living alone citizen; 42 square meters – on family of 2 people; on 18 square meters – on each family member numbering family of 3 people and more.

1.2.15. The cost of 1 square meter of premises – the average market value of 1 square meter of total area of premises in currency of the Russian Federation in the territory of the municipal unit where according to the statement for participation in preferential mortgage lending the citizen plans to get premises, approved by the ministry of construction, architecture and territorial development of the Rostov region, for the last reporting period.

1.2.16. The estimated cost of premises – the premises cost equal to the work of norm of granting premises to the area specified in Subparagraph 1.2.14 of the present point, and the cost of 1 square meter of premises approved according to Subparagraph 1.2.15 of the present point.

1.2.17. The rated size of a mortgage loan – the size of a mortgage loan, to equal 90 percent from the estimated cost of premises.

1.2.18. A subsidy – the subsidy provided at the expense of funds of the regional budget of credit institution for compensation of the half-received income in connection with granting to citizens mortgage loans (loans) for acquisition of housing on the terms of preferential mortgage lending.

The maximum size of a subsidy is 15.2 percent from the rated size of a mortgage loan.

1.2.19. Good reasons are the circumstances interfering the applicant to perform the operations provided by the present Provision, and documented namely:

long temporary disability of the applicant owing to a disease or a trauma lasting more than 6 months;

stay in a business trip;

stay on treatment in medical institution;

damage of health or death of the family member or close relative;

force majeure, that is force, impreventable majeure (earthquake, hurricane, flood, fire and other natural disasters);

need of implementation of care for the seriously ill patient by the family member or close relative;

presence of juvenile children up to 6 months at impossibility to charge someone care for them.

Documentary confirmation of good reasons has to be presented to State Budgetary Institution RO Agentstvo zhilishchnykh programm during the term established for performance by the applicant of the actions provided by the present Provision.

1.3. For the present Provision the persons in need in improvement of living conditions are understood as the citizens accepted on account as the living conditions needing improvement till March 1, 2005, or accepted on account as persons in need in the premises after March 1, 2005, or recognized by local governments persons in need on the bases established by Article 51 of the Housing Code of the Russian Federation, without registration needing premises, or provided with housing of less housing norm.

1.4. Funds of a mortgage loan can be allocated by the citizen only on:

participation in shared-equity construction of an apartment house on the basis of the contract of participation in shared-equity construction (contract of assignment of the rights of the requirement);

acquisition of again built premises according to the contract for acquisition of premises.

Again built premises are understood as the premises realized by the legal entity or individual entrepreneur within 3 years from the date of the state registration of the property right to the specified premises by the first owner provided that all previous owners on premises were legal entities or individual entrepreneurs.

1.5. The right for improvement of living conditions with use of preferential mortgage lending is granted to the citizen and his spouse (spouse) specified in the certificate, only 1 time.

The right to choose participation in the subprogramme "Rendering measures of the state support in improvement of living conditions to separate categories of citizens of" the state program of the Rostov region "Territorial planning and providing the population of the Rostov region with affordable and comfortable housing" or in any other program (subprogramme), the action providing rendering the state support in improvement of living conditions at the expense of means of the federal budget, regional budget, local budget on the terms of joint financing of federal, regional, local budgets, belongs to the citizen.

1.6. The citizens who worsened the living conditions having no right to participate in preferential mortgage lending.

Provisions of the present point do not extend to the citizens moved from emergency housing stock.

1.7. In case earlier the citizen and (or) his spouse (spouse) was given the state support on improvement of living conditions with use of the budgetary subsidy or other form of the state support at the expense of means of federal, regional, local budgets, on the terms of joint financing of federal, regional, local budgets, the state support according to the present Provision is not provided. Provisions of the present paragraph do not extend to the citizens who received means of land certificates according to the Decree of the Government of the Rostov region of 03.12.2019 No. 874 "About the Adoption of the Provision on the Organization of Providing Land Certificates on Acquisition (Construction) of Premises and an Order of Use of Means of Land Certificates".

In case of simultaneous participation of the citizen in the subprogramme "Rendering measures of the state support in improvement of living conditions to separate categories of citizens of" the state program of the Rostov region "Territorial planning and providing the population of the Rostov region with affordable and comfortable housing" or in any other program (subprogramme), the action providing measures of the state support on acquisition (construction) of housing or payment of a part of cost of housing at the expense of means of federal, regional, local budgets on the terms of joint financing of federal, regional, local budgets, the citizen has the right to apply for receiving the state support according to the present Provision, except for cases of receiving the budgetary subsidy for payment of a part of an interest rate for the housing credit.

Provisions of the present point do not extend to the citizens moved from emergency housing stock.

1.8. The arising questions in the order of participation in preferential mortgage lending are subject to consideration by the commission.

1.9. State Budgetary Institution RO Agentstvo zhilishchnykh programm is the organization which is carrying out maintenance of granting subsidies to credit institutions according to the present Provision.

 

2. Order of preferential mortgage lending

 

2.1. The citizen presents the statement for participation in preferential mortgage lending signed with the autographic signature to State Budgetary Institution RO Agentstvo zhilishchnykh programm.

Are specified in the statement for participation in preferential mortgage lending:

information about the applicant (Full name, date of birth, the address of permanent residence, the insurance number of the individual ledger account in the system of mandatory pension insurance (Insurance Number of Individual Ledger Account);

information about family composition of the applicant (Full name, relationship degree, date of birth, the insurance number of the individual ledger account in the system of mandatory pension insurance (Insurance Number of Individual Ledger Account);

data on living conditions of the applicant and members of his family;

data on receiving the state support in improvement of living conditions in any form at the expense of means of the federal budget, regional budget, local budget on the terms of joint financing of federal, regional, local budgets;

data on acceptance of the citizen by local government on account as the person in need in improvement of living conditions till March 1, 2005 or about acceptance on account as the person in need in premises after March 1, 2005, or about recognition of the citizen by local government by the person in need on the bases established by Article 51 of the Housing Code of the Russian Federation, without registration needing premises;

data on the municipal unit in the Rostov region in which the citizen plans to get housing, used for determination of the rated size of a mortgage loan;

the name of credit institution with which the citizen plans to make out a mortgage loan, with the indication of a contact information of credit institution;

the consent of the citizen and members of his family to transfer of personal data in credit institutions.

At the same time State Budgetary Institution RO Agentstvo zhilishchnykh programm provides to the citizen information on an order and conditions of participation in preferential mortgage lending.

2.2. The statement for participation in preferential mortgage lending is taken cognizance only at full existence of the following documents filed in the folder in the following order:

the copy of the passport or the document of the applicant replacing it and members of his family (all pages, including empty);

copy of the birth certificate (adoption) of the applicant and all members of his family;

the copy of the certificate on marriage (about divorce) the applicant and members of his family (in the presence);

copies of insurance evidence of mandatory pension insurance (Insurance Number of Individual Ledger Account) of the applicant and members of his family;

copies of documents of title on premises at the place of residence of the applicant and members of his family, except for the citizens moved from emergency housing stock;

copies of documents on the property right to the real estate which is available for the applicant and members of his family (in the presence), except for the citizens moved from emergency housing stock;

the copy of the judgment on recognition by the family member which took legal effect certified by the court which made the decision (in the presence);

the copy of the judgment which took legal effect in which the residence of the child of the applicant (applicant's spouse) after divorce is defined or the copy of the agreement on definition of the residence of the child with one of parents (for inclusion of the child in family composition of the applicant in case a marriage between parents is dissolved or is not concluded);

the documents confirming finding of the child on full state providing and also the documents confirming deprivation of the parental rights or restriction in the parental rights (in the presence).

The citizens moved from emergency housing stock submit also the copy of the agreement (contract) on withdrawal of the premises recognized emergency and also the extract from the account confirming receiving monetary payment.

Copies of documents are accepted at the applicant at presentation of originals of documents or notarized.

State Budgetary Institution RO Agentstvo zhilishchnykh programm in day of receipt of the statement for participation in preferential mortgage lending registers it in the book of registration in a form according to appendix No. 1 to the present Provision (further – the book of registration).

To the citizen the receipt on delivery of documents with the indication of date of delivery and number of registration of a statement on participation in preferential mortgage lending in the book of registration is issued.

The book of registration opens for every year. The book of registration has to be stitched, numbered, under seal upon termination of the current year.

In case the citizen needing improvement of living conditions at the same time applies for participation in preferential mortgage lending and receiving the budgetary subsidy for payment of a part of cost of housing according to appendix No. 2 to the Decree of the Government of the Rostov region of 07.11.2011 No. 95 "About an Order of Providing the State Support to Citizens in Acquisition (Construction) of Housing with Use of Means of the Housing Credit", it presents  one personal record to State Budgetary Institution RO Agentstvo zhilishchnykh programm, at the same time the statement for participation in preferential mortgage lending is registered in the book of the registration provided by the present Provision.

2.3. On the basis of the presented personal record and annually before consideration by the commission of the main and reserve lists of the citizens having the right to participate in preferential mortgage lending, State Budgetary Institution RO Agentstvo zhilishchnykh programm sends inquiries to public authorities, local governments and subordinated to public authorities or local governments of the organization at which disposal the corresponding data and documents (their copies or data which are contained in them) according to regulations of the Russian Federation, regulations of the Rostov region, municipal legal acts are, namely:

data from the body which is carrying out the state cadastral registration and the state registration of the rights on existence or absence in the property of the applicant and members of his family of real estate objects, in case of impossibility of representation by the citizen of the documents specified in paragraphs the sixth and seventh Paragraph 2.2 of the present section – data on contents of documents of title on premises, data on a real estate object and its owners, data on transition of the rights for a real estate object;

copies of legal acts of local governments of acceptance of the citizen on accounting of citizens as the person in need in improvement of living conditions till March 1, 2005, or about acceptance on account as the person in need in premises after March 1, 2005, or about recognition by the person in need on the bases established by Article 51 of the Housing Code of the Russian Federation, without registration needing premises ( concerning citizens who specified these data in the statement for participation in preferential mortgage lending);

data on the address of constant registration of the applicant at the place of residence, and in the cases established in Subparagraph 1.2.3 of Paragraph 1.2 of Section 1 of the present Provision – members of the family of the applicant.

The citizen has the right to submit the documents containing the data specified in the present point, on own initiative. In this case inquiries are not sent.

The data specified in the paragraph the second the present point and which are at the disposal of bodies, organizations of the foreign states are requested and presented by the citizen to State Budgetary Institution RO Agentstvo zhilishchnykh programm independently.

State Budgetary Institution RO Agentstvo zhilishchnykh programm does not request data and copies of documents specified in paragraphs the second and third the present point in case the citizen moved from emergency housing stock filed a petition for participation in preferential mortgage lending.

2.4. In case the documents specified in Paragraph 2.2 of the present section are submitted by the citizen not in full, State Budgetary Institution RO Agentstvo zhilishchnykh programm does not accept the submitted package of documents before its full completion.

2.5. In case of change of the data which are contained in earlier presented personal record according to Paragraph 2.2 of the present section, the citizen presents the updated documents to State Budgetary Institution RO Agentstvo zhilishchnykh programm.

2.6. Before consideration by the commission of the main and reserve list of the citizens having the right to participate in preferential mortgage lending the citizen during the period from October 1 to November 1 the current year presents the following documents to State Budgetary Institution RO Agentstvo zhilishchnykh programm:

the statement for confirmation of participation in preferential mortgage lending in the next year or about refusal of participation in it;

copies of documents of title on premises at the place of residence of the applicant and members of his family (in case of change of the residence after submission of documents according to Paragraph 2.2 of the present section);

copies of documents on the property right to the real estate which is available for the applicant and members of his family (in case of acquisition of real estate after submission of documents according to Paragraph 2.2 of the present section).

Copies of documents are accepted at the applicant only notarized or at presentation of originals of documents.

Failure to provide documents is at the scheduled time the basis for refusal in granting the right to participate in preferential mortgage lending.

Provisions of paragraphs of the third – the fifth present point do not extend to the citizens moved from emergency housing stock.

2.7. State Budgetary Institution RO Agentstvo zhilishchnykh programm on the basis of personal records forms the list of the citizens applying for participation in preferential mortgage lending and conforming to requirements of the present Provision (further – the list of citizens), and sends it to credit institutions.

In the list of citizens a surname, the name, the applicant's middle name, date of birth of the applicant, the birthplace of the applicant, passport details of the applicant or the document replacing it are entered.

In need of inclusion in the list of sozayemshchik of the spouse(s) and (or) full age members of the family of the applicant in the list of citizens personal data of the spouse(s) and (or) full age members of the family of the applicant (surname, a name, a middle name, date of birth, the birthplace, details of passport or the document replacing it) join.

The credit institution within 10 working days from the date of receipt of the list of citizens presents to State Budgetary Institution RO Agentstvo zhilishchnykh programm information on an opportunity or impossibility of granting a mortgage loan on the basis of the considered credit history of the citizen.

In case of submission by credit institution of information on impossibility of granting a mortgage loan on the basis of the considered credit history of the citizen, to the citizen refuses in granting the right to participate in preferential mortgage lending on the basis of the decision of the commission.

2.8. State Budgetary Institution RO Agentstvo zhilishchnykh programm on the basis of personal records and information of credit institution on a possibility of granting a mortgage loan on the basis of the considered credit history of the citizen makes calculation of the maximum sizes of subsidies and forms lists of applicants for consideration on the commission.

Calculation of the maximum size of a subsidy is made on the following formula:

 

 With max. = To rasch ×15.2%, where

 

 With max. – the maximum size of a subsidy, in rubles (rounded to the whole ruble on a mathematical order);

 To rasch – the rated size of a mortgage loan determined according to Subparagraph 1.2.17 of Paragraph 1.2 of Section 1 of the present Provision.

2.9. The commission within 30 calendar days from the date of obtaining the list of applicants considers them and makes the decision about:

the approval of the main list of the citizens having the right to participate in preferential mortgage lending, with the indication of the maximum size of a subsidy which can be provided to credit institution, within the means provided in the regional budget on these purposes for the corresponding financial year;

the approval of the reserve list of the citizens having the right to participate in preferential mortgage lending;

refusal in granting the right to participate in preferential mortgage lending.

The main and reserve lists of citizens for the corresponding year can be approved step by step, at the same time the main list – no later than September 1, the reserve list – no later than December 31.

The main and reserve lists of citizens are formed in order of priority proceeding from date of giving of personal records taking into account the following features:

as a matter of priority the main list for the next year joins the citizens moved from emergency housing stock, the citizens having the right to the budgetary subsidies for payment of a part of cost of housing according to appendix No. 2 to the Decree of the Government of the Rostov region of 07.11.2011 No. 95, the citizens who received certificates in the previous year with the validity period expiring in the current year, the citizens who received the document for receiving measures of the state support for acquisition (construction) of housing or payment of a part of cost of housing at the expense of means of federal, regional, local budgets on the terms of joint financing of federal, regional, local budgets;

no more than 5 percent from the total amount of the allocated budgetary funds are distributed on providing the state support to the citizens on the basis of petitions of heads of executive authorities of the Rostov region according to order identified by the Decree of the Government of the Rostov region of 30.12.2011 No. 313 "About Creation of the Regional Interdepartmental Commission on Consideration of Issues of Improvement of Living Conditions of Separate Categories of Citizens";

the remained volume of the allocated funds is distributed on providing the state support to citizens according to sequence by date of giving of personal records, including the citizens who postponed the date of issue of certificates for the next year in connection with difficult life circumstances.

At the same time in case the citizen at the same time applies for participation in preferential mortgage lending and receiving the budgetary subsidy for payment of a part of cost of housing according to appendix No. 2 to the Decree of the Government of the Rostov region of 07.11.2011 No. 95, one main list is formed and approved.

The sum of budgetary funds provided on granting subsidies to credit institutions on mortgage loans of the citizens included in the main list should not exceed the sums of the budgetary appropriations provided on these purposes in the regional law on the regional budget for the corresponding financial year.

In the presence of economy of the means provided by the regional law on the regional budget for the corresponding year and also in the presence of additional financing the updating of the approved main and reserve lists in the current year is possible.

Economy of means is subject to redistribution  of State Budgetary Institution RO Agentstvo zhilishchnykh programm for granting subsidies to credit institutions on mortgage loans of the citizens included in the reserve list according to their sequence.

State Budgetary Institution RO Agentstvo zhilishchnykh programm within 10 working days from the date of adoption by the commission of the decision on the approval of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending sends an extract from such decision of the commission to the credit institution specified by the citizen in the statement for participation in preferential mortgage lending.

2.10. In case of adoption by the commission of the decision on refusal in granting the right to participate in preferential mortgage lending, State Budgetary Institution RO Agentstvo zhilishchnykh programm sends to the citizen the corresponding notice within 30 calendar days from the date of adoption of the decision by the commission.

The citizen has the right to file repeatedly a petition for participation in preferential mortgage lending in accordance with general practice in the order established by the present Provision.

2.11. The right of the citizen for participation in preferential mortgage lending is confirmed by the certificate.

Issue of certificates is carried out within calendar year.

Accounting of the granted and repaid certificates is conducted in the register of the granted and repaid certificates in a form according to appendix No. 2 to the present Provision.

2.12. Certificates are granted to the citizens included in the main list of the citizens having the right to participate in preferential mortgage lending,  and in case of identification of economy of budgetary funds and (or) additional financing – to the citizens included in the reserve list of the citizens having the right to participate in preferential mortgage lending.

 State Budgetary Institution RO Agentstvo zhilishchnykh programm makes execution of certificates in a form according to appendix No. 3 to the present Provision and transfers them to the ministry of construction, architecture and territorial development of the Rostov region for signing by the Minister of Construction, architecture and territorial development of the Rostov region.

The Minister of Construction, architecture and territorial development of the Rostov region within 10 calendar days signs certificates and transfers them in State Budgetary Institution RO Agentstvo zhilishchnykh programm for the subsequent delivery to citizens.

2.13.  State Budgetary Institution RO Agentstvo zhilishchnykh programm no later than 30 calendar days after receipt of the signed certificates notifies citizens on need of obtaining certificates within 30 calendar days from the date of obtaining notices.

2.14. The certificate is granted personally to the citizen or his representative to existence of properly issued powers.

At issue of the certificate the citizen is informed on an order and conditions of preferential mortgage lending.

2.15. Date of issue of the certificate is specified by the citizen on a detachable back of the certificate which remains in State Budgetary Institution RO Agentstvo zhilishchnykh programm for calculation of period of validity of the certificate, and in the register of the granted and repaid certificates.

2.16. Period of validity of the certificate is estimated from the date of its delivery specified in the certificate and makes 90 calendar days.

2.17. In case of absence of the citizen behind obtaining the certificate in the terms established by the present Provision without valid excuse, refusal of obtaining the certificate and also in case of return of the mail notification directed according to Paragraph 2.13 of the present section to the address specified in the statement for participation in preferential mortgage lending, the citizen is excluded from the list of the citizens having the right to participate in preferential mortgage lending.

2.18. During period of validity of the certificate the citizen makes out a mortgage loan and signs the contract for acquisition of premises according to the requirements established by the present Provision.

2.19. The mortgage loan can be issued only on the citizen or on the citizen and members of his family specified in the certificate.

2.20. Funds of a mortgage loan cannot be allocated by the citizen on:

acquisition of premises of less housing norm on 1 person. Provisions of the present paragraph do not extend to the citizens moved from emergency housing stock;

acquisition of premises not in the territory of the Rostov region;

acquisition of premises at close relatives;

acquisition of premises in common property of the citizen and the third party (faces), including acquisition of premises in common property of the citizen, the members of his family specified in the certificate and the third party (faces);

acquisition of premises with violation of the requirements established by Paragraph 1.4 of Section 1 of the present Provision.

2.21. During period of validity of the certificate the citizen presents the following documents to State Budgetary Institution RO Agentstvo zhilishchnykh programm:

2.21.1. Certificate.

2.21.2. The copy of the credit agreement according to which the mortgage loan is granted.

2.21.3. The documents confirming existence of sufficient means for payment of the acquired premises (under construction) in the part exceeding the size of a mortgage loan for estimated date of submission of documents.

2.21.4. Documents on the acquired premises:

in case of acquisition of premises by participation in shared-equity construction of an apartment house:

the copy of the contract of participation in shared-equity construction of an apartment house (contracts of assignment of the rights of the requirement) which underwent the state registration, on paper or the contract of participation in shared-equity construction of an apartment house (contract of assignment of the rights of the requirement) which underwent the state registration, in electronic form, certified by the strengthened qualified electronic signature of the authorized official of the body which is carrying out the state cadastral registration and the state registration of the rights;

copies of the documents confirming transfer (entering into cash desk of the builder) of money in payment for premises cost after obtaining the certificate;

the reference from the builder for estimated date of submission of documents on made payments on account of the cost of construction of premises with the indication of date of introduction and the sum, total area of the acquired premises without the area of balconies, loggias, verandahs and terraces, the cost of the acquired premises without the area of balconies, loggias, verandahs and terraces;

in case of acquisition of again built premises:

the copy of the contract of purchase and sale of the premises bearing a special registration inscription about the state registration of the property right to the acquired premises on paper or the contract of purchase and sale of premises in electronic form and the electronic document bearing a special registration inscription, signed with the strengthened qualified electronic signature of the authorized official of the body which is carrying out the state cadastral registration and the state registration of the rights;

copies of the documents confirming the property right of all previous owners to these premises (in the presence);

copies of the documents confirming transfer of money in a non-cash form (depositing funds in cash desk of the builder) in payment for premises cost after obtaining the certificate.

2.211. Copies of the documents provided by Paragraph 2.21 of the present section are accepted at the citizen only notarized or at presentation of originals of documents which copies are certified by the employee of State Budgetary Institution RO Agentstvo zhilishchnykh programm.

The documents specified in Paragraph 2.21 of the present section can be presented to State Budgetary Institution RO Agentstvo zhilishchnykh programm by credit institution along with the documents established by Paragraph 2.10 of Section 2 of appendix No. 2 to the present resolution in case of investment with the citizen of credit institution with appropriate authority. In this case documents, copies of documents specified in Paragraph 2.21 of the present section are not presented by the citizen to State Budgetary Institution RO Agentstvo zhilishchnykh programm, copies of documents are certified by the employee of credit institution.

2.22. State Budgetary Institution RO Agentstvo zhilishchnykh programm within 20 working days from the date of receipt of the documents specified in Paragraph 2.21 of the present section makes data validation of documents and makes the decision:

about compliance of the submitted documents to requirements of the present Provision;

about discrepancy of the submitted documents with requirements of the present Provision.

2.23. State Budgetary Institution RO Agentstvo zhilishchnykh programm within 5 working days from the date of the decision-making specified in Paragraph 2.22 of the present section notifies on the made decision of the citizen and credit institution to the address, e-mail or the SMS notice on the contacts specified by the citizen in the statement for participation in preferential mortgage lending.

2.24. In case of acceptance by State Budgetary Institution RO Agentstvo zhilishchnykh programm of the decision on discrepancy of the submitted documents with requirements of the present Provision the citizen has the right within 30 days from the date of receipt of the notice directed according to Paragraph 2.23 of the present section to eliminate the revealed discrepancies and to present the documents processed properly to State Budgetary Institution RO Agentstvo zhilishchnykh programm.

2.25. In case of acceptance of State Budgetary Institution RO Agentstvo zhilishchnykh programm of the decision on discrepancy of the submitted documents with requirements of the present Provision and failure to provide documents by the citizen according to Paragraph 2.24 of the present section the citizen is excluded from the main (reserve) list of the citizens having the right to participate in preferential mortgage lending, and the subsidy of the credit institution which issued a mortgage loan to the citizen is not provided.

2.26. In case of loss (plunder) or damage of the certificate the citizen has the right to receive the duplicate of the certificate.

The citizen presents to State Budgetary Institution RO Agentstvo zhilishchnykh programm the statement for issue of the duplicate of the certificate with the indication of the reasons.

 State Budgetary Institution RO Agentstvo zhilishchnykh programm within 5 calendar days makes execution of the duplicate of the certificate in a form according to appendix No. 3 to the present Provision, and transfers him to the ministry of construction, architecture and territorial development of the Rostov region for signing by the Minister of Construction, architecture and territorial development of the Rostov region.

The Minister of Construction, architecture and territorial development of the Rostov region within 5 calendar days signs the duplicate of the certificate and transfers him in State Budgetary Institution RO Agentstvo zhilishchnykh programm for the subsequent delivery to the citizen.

Period of validity of the duplicate of the certificate is limited to period of validity of the certificate.

 State Budgetary Institution RO Agentstvo zhilishchnykh programm on the form of the duplicate of the certificate in the right top corner does a mark of the following contents: "Duplicate".

2.27. The bases for refusal in granting the right to participate in preferential mortgage lending and also the citizen's exceptions of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending are:

death of the citizen;

the right for improvement of living conditions which is earlier realized by the citizen and (or) his spouse with use of the budgetary subsidy or other form of the state support at the expense of means of federal, regional, local budgets, on the terms of joint financing of federal, regional, local budgets. Provisions of the present paragraph do not extend to the citizens moved from emergency housing stock and the citizens who received means of land certificates according to the Decree of the Government of the Rostov region of 03.12.2019 No. 874;

submission of false, fraudulent documents;

non-confirmation submitted by the citizen documents of its compliance to requirements identified by the present Provision;

impossibility of granting mortgage loan by credit institution;

refusal of the citizen of participation in preferential mortgage lending;

violation by the citizen of the requirements established by the present Provision.

 

3. The section became invalid – the resolution of 20.04.2020 No. 365

 

 

 

Head of department

documentary providing

Governments of the Rostov region                                                T.A. Rodionchenko

 

 

 

 

 

Appendix No. 2

to the resolution

Governments

Rostov region

of 05.09.2018 No. 565

 

SITUATION

about an order of granting subsidies to credit

to the organizations on compensation of the half-received income

in connection with granting to citizens mortgage loans (loans) for acquisition of housing on the terms of preferential mortgage lending

 

1. General provisions

 

1.1. The present Provision is drafted according to Article 78 of the Budget Code of the Russian Federation and regulates an order of granting subsidies to credit institutions for compensation of the half-received income in connection with granting to citizens mortgage loans (loans) for acquisition of housing on the terms of preferential mortgage lending within the subprogramme "Rendering measures of the state support in improvement of living conditions to separate categories of citizens of" the state program of the Rostov region "Territorial planning and providing the population of the Rostov region with affordable and comfortable housing", the Rostov region approved by the Government decree of 17.10.2018 No. 642 (further – a subsidy).

1.2. In the present Provision concepts of the values established in appendix No. 1 to the present resolution are used.

1.3. The main manager of the funds of the regional budget allocated for granting subsidies is the ministry of construction, architecture and territorial development of the Rostov region.

1.4. State budgetary institution of the Rostov region "Agency of housing programmes" (further – State Budgetary Institution RO Agentstvo zhilishchnykh programm) is the organization which is carrying out maintenance of granting subsidies to credit institutions according to the present Provision.

The decisions made by State Budgetary Institution RO Agentstvo zhilishchnykh programm according to the present Provision have advisory nature for the ministry of construction, architecture and territorial development of the Rostov region.

1.5. Granting a subsidy is carried out according to summary budgetary painting of the regional budget within the budgetary appropriations provided by the regional law on the regional budget.

 

2. Conditions and order of granting subsidy

 

2.1. The credit institution which received an extract from the decision of the commission on the approval of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending presents to State Budgetary Institution RO Agentstvo zhilishchnykh programm the statement for conclusion of agreement for granting a subsidy with the application one-time in the current year of the following documents:

2.1.1. The copy of the document, the confirming power of the person which signed the application for granting a subsidy certified by credit institution.

2.1.2. The certificate of arrears on the subsidies, the budgetary investments and other means provided from the regional budget according to regulations of the Rostov region as of the 1st day of the month in which the application for conclusion of agreement for granting a subsidy is submitted.

2.1.3. The certificate of non-receipt of means from the regional budget on the basis of other regulations of the Government of the Rostov region on the purpose, specified in Paragraph 1.1 of Section 1 of the present Provision, as of the 1st day of the month in which the application for conclusion of agreement for granting a subsidy is submitted.

2.2. State Budgetary Institution RO Agentstvo zhilishchnykh programm within 10 working days from the date of receipt of the statement for conclusion of agreement about granting a subsidy requests one-time in the current year as interdepartmental information exchange:

the extract from the Unified State Register of Legal Entities concerning credit institution;

information on absence at credit institution of not fulfilled duty on payment of taxes, collecting, insurance premiums, a penalty fee, penalties, the percent which are subject to payment according to the legislation of the Russian Federation on taxes and fees.

The credit institution has the right to submit the documents (information) specified in the present point, in State Budgetary Institution RO Agentstvo zhilishchnykh programm on own initiative. At the same time these documents (information) have to be submitted as of the 1st day of the month in which the application for conclusion of agreement for granting a subsidy is submitted.

The documents received by credit institution with use of the "Providing Data from the USRLE/Unified State Register of Individual Entrepreneurs about the Particular Legal Entity / the Individual Entrepreneur in Electronic Form" service posted on the official site of the Federal Tax Service on the Internet of www.nalog.ru, or received by means of the Uniform portal of the public and municipal services (functions) www.gosuslugi.ru have to be certified by credit institution.

In case of representation by credit institution of the documents (information) specified in the present point, interdepartmental inquiries are not sent.

2.3. Credit institutions take administrative responsibility according to the regional legislation for granting to public authorities the Rostov region and (or) to officials of public authorities of the Rostov region of obviously false information.

2.4. State Budgetary Institution RO Agentstvo zhilishchnykh programm within 5 working days from the date of receipt of the documents specified in Paragraph 2.1 of the present section carries out data validation of documents and sends them and also the documents (information) specified in Paragraph 2.2 of the present section to the ministry of construction, architecture and territorial development of the Rostov region.

2.5. The ministry of construction, architecture and territorial development of the Rostov region within 5 working days from the date of receipt of the documents specified in Paragraph 2.4 of the present section:

considers the submitted documents;

in the absence of the bases for refusal in conclusion of agreement about granting a subsidy provided by Paragraph 2.8 of the present section concludes with credit institution the agreement on granting a subsidy on the form approved by the Ministry of Finance of the Rostov region (further – the agreement);

in the presence of the bases for refusal in conclusion of agreement provided by Paragraph 2.8 of the present section notifies credit institution on refusal in conclusion of agreement with the indication of causes of failure. State Budgetary Institution RO Agentstvo zhilishchnykh programm carries out preparation of the draft of the specified notice and provides the direction of the notification of credit institution to the address specified in the statement for conclusion of agreement of credit institution.

2.6. The subsidy size specified in the decision of the commission on the approval of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending is specified in the agreement. 

In case of change of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending, corresponding changes in the form of the conclusion of additional agreements are made to the agreement.

The indispensable condition of granting a subsidy included in the agreement is the consent of credit institution to implementation by the ministry of construction, architecture and territorial development of the Rostov region and bodies of the state financial control of checks of observance by credit institution of conditions, purposes and an order of granting a subsidy.

2.7. The agreement with credit institution is concluded provided that as of the 1st day of the month in which the application for conclusion of agreement is submitted:

the credit institution is not in process of reorganization, elimination, bankruptcy;

the credit institution carries out activity in the territory of the Rostov region;

 the credit institution has the state registration or registration in tax authority in the territory of the Rostov region;

the credit institution is not foreign legal entity and also the Russian legal entity in which authorized (depository) capital the share of participation of foreign legal entities whose place of registration is the state or the territory included in the list of the states and territories which are providing preferential tax treatment of taxation and (or) not providing disclosure and submission of information approved by the Ministry of Finance of the Russian Federation when carrying out financial transactions (offshore zones) concerning such legal entities in total exceeds 50 percent;

 the credit institution has no not fulfilled duty on payment of taxes, collecting, insurance premiums, a penalty fee, penalties, the percent which are subject to payment according to the legislation of the Russian Federation on taxes and fees;

the credit institution is not a recipient of means from the regional budget on the basis of other regulations of the Government of the Rostov region on the purpose, specified in Paragraph 1.1 of Section 1 of the present Provision;

 the credit institution has no arrears on return to the regional budget of subsidies and other arrears to the regional budget.

2.8. Bases for refusal in conclusion of agreement:

failure to provide or representation not in full credit institution of the documents specified in Paragraph 2.1 of the present section;

discrepancy of the documents submitted by credit institution with the requirements established by Paragraphs 2.1, 2.2 of the present section;

unauthenticity of information provided by credit institution;

discrepancy of credit institution with the conditions established by Paragraph 2.7 of the present section.

2.9. After elimination of the reasons which formed the basis for refusal in conclusion of agreement, the credit institution has the right to file repeatedly a petition in accordance with general practice in the order established by the present Provision.

2.10. For receiving a subsidy the credit institution which issued a mortgage loan to the citizen specified in the agreement presents  to State Budgetary Institution RO Agentstvo zhilishchnykh programm:

2.10.1. Statement for granting a subsidy.

2.10.2. Calculation of a subsidy for a form according to the annex to the present Provision (further – calculation).

2.10.3. In case of investment with the citizen of credit institution with powers to present  the documents specified in Paragraph 2.21 of Section 2 of appendix No. 1 to the present resolution to State Budgetary Institution RO Agentstvo zhilishchnykh programm:

documents and copies of documents specified in Paragraph 2.21 of Section 2 of appendix No. 1 to the present resolution;

to present the document confirming powers of credit institution to State Budgetary Institution RO Agentstvo zhilishchnykh programm the documents specified in Paragraph 2.21 of Section 2 of appendix No. 1 to the present resolution.

2.11. In case of absence at credit institution of power to present on behalf of the citizen  to State Budgetary Institution RO Agentstvo zhilishchnykh programm the documents specified in Paragraph 2.21 of Section 2 of appendix No. 1 to the present resolution, the credit institution presents  to State Budgetary Institution RO Agentstvo zhilishchnykh programm the statement for granting a subsidy and calculation not earlier than obtaining the notice of acceptance  of State Budgetary Institution RO Agentstvo zhilishchnykh programm of the decision provided by the paragraph the second Paragraph 2.22 of Section 2 of appendix No. 1 to the present resolution.

2.12. State Budgetary Institution RO Agentstvo zhilishchnykh programm makes verification of the documents submitted by credit institution, and in case of representation by credit institution of the documents specified in Subparagraph 2.10.3 of Paragraph 2.10 of the present section – accepts one of the decisions provided by Paragraph 2.22 of Section 2 of appendix No. 1 to the present resolution.

2.13. In case of acceptance of State Budgetary Institution RO Agentstvo zhilishchnykh programm of the decision provided by the paragraph the second Paragraph 2.22 of Section 2 of appendix No. 1 to the present resolution, and lack of the bases for refusal in granting a subsidy provided by Paragraph 2.16 of the present section, State Budgetary Institution RO Agentstvo zhilishchnykh programm within 20 working days from the date of submission of the documents specified in Paragraph 2.10 of the present section, or the documents specified in Paragraph 2.24 of Section 2 of appendix No. 1 to the present resolution counts the actual size of a subsidy, approves the calculation presented by credit institution and sends it to the ministry of construction, architecture and territorial development of the Rostov region with the documents specified in Paragraph 2.10 of the present section.

The actual size of a subsidy is calculated by the following formula:

 

About the fact = To the fact x 15.2%, where

 

About the fact – the actual size of a subsidy, in rubles (rounded on a mathematical order to the whole ruble), but no more maximum size of a subsidy provided in the agreement

To the fact – the actual size of a mortgage loan, but no more rated size of the mortgage loan utilized for calculation of the maximum size of a subsidy according to Paragraph 2.8 of Section 2 of appendix No. 1 to the present resolution.

2.14. State Budgetary Institution RO Agentstvo zhilishchnykh programm prepares the draft of the notification of credit institution of refusal in granting a subsidy and sends it to the ministry of construction, architecture and territorial development of the Rostov region with the documents specified in Paragraph 2.10 of the present section:

within 20 working days from the date of submission of the documents specified in Paragraph 2.10 of the present section – in case of existence of one of the bases for refusal in granting a subsidy provided by paragraphs the second – the fourth Paragraph 2.16 of the present section;

within 10 working days from the date of adoption by the commission of the decision on the citizen's exception of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending – in case of existence of the basis for the refusal in granting a subsidy provided by the paragraph the fifth Paragraph 2.16 of the present section.

2.15. The ministry of construction, architecture and territorial development of the Rostov region within 10 working days from the date of receipt of the documents specified in the paragraph the first Paragraph 2.13 in the paragraph the first Paragraph 2.14 of the present section:

considers the submitted documents;

in the absence of the bases for refusal in granting a subsidy provided by Paragraph 2.16 of the present section determines the size of the subsidy provided to credit institution forms and sends to the Ministry of Finance of the Rostov region the request for payment of expenses according to the order of authorization of payment of liabilities of recipients of means of the regional budget and chief managers of sources of financing of deficit of the regional budget established by the Ministry of Finance of the Rostov region;

in the presence of the bases for refusal in granting a subsidy provided by Paragraph 2.16 of the present section refuses to credit institution granting a subsidy and notifies credit institution on it with the indication of causes of failure. State Budgetary Institution RO Agentstvo zhilishchnykh programm provides the direction of the specified notification of credit institution to the address specified in the statement for granting a subsidy.

2.16. Bases for refusal in granting a subsidy:

failure to provide or representation not in full credit institution of the documents specified in Paragraph 2.10 of the present section;

discrepancy of calculation with the requirements established by Subparagraph 2.10.2 of Paragraph 2.10 of the present section;

unauthenticity of information provided by credit institution;

the citizen's exception of the main (reserve) list of the citizens having the right to participate in preferential mortgage lending, in the cases provided by Paragraph 2.25, paragraphs the second, third Paragraph 2.27 of Section 2 of appendix No. 1 to the present resolution.

2.17. The subsidy is transferred according to the budget legislation into the settlement account of credit institution.

 

3. Requirements about control of observance of conditions,

purposes and order of granting subsidy and responsibility for their violation

 

3.1. The ministry of construction, architecture and territorial development of the Rostov region and bodies of the state financial control carry out checks of observance of conditions, purposes and an order of granting subsidies by credit institutions.

3.2. In case of identification on the facts of the inspections which are carried out by the ministry of construction, architecture and territorial development of the Rostov region and bodies of the state financial control, violation by credit institution of the conditions established when granting a subsidy, the ministry of construction, architecture and territorial development of the Rostov region within 10 working days notifies credit institution on unilateral refusal of performance of the agreement on granting a subsidy according to Article 4501 of the Civil Code of the Russian Federation and about need of return of the received subsidy to the regional budget in full.

3.3. The credit institution is obliged within 20 working days from the date of obtaining the notice specified in Paragraph 3.2 of the present section to transfer the received subsidy into the regional budget.

3.4. In case of not transfer by credit institution of the received subsidy in the regional budget for the bases and in time, the established present section, the specified means are collected in court.

 

 

Head of department

documentary providing

Governments of the Rostov region                                                T.A. Rodionchenko

 

Rubricator

Construction

Placed: On Sep. 11, 2018 12:50
Changed: On Oct. 20, 2020 16:06
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