Requirements for developers in the field of shared-equity construction within the framework of modern legislation

The article considers the concept of “developer” from the Urban Planning Code of the Russian Federation. The concept of a “developer” in shared-equity construction is designated on the basis of Federal Law N 214 On Participation in shared-equity Construction. A comparative characteristic of these concepts is carried out. It is concluded that the “developer” from the Urban Planning Code of the Russian Federation is a broader concept, and the “developer” from 214-FZ is narrower. The requirements imposed by the Federal Law on Participation in Shared-equity construction to developers are considered. A comparative characteristic of the responsibilities of the developer on the basis of the previous editions of the law and the modern edition is carried out. The scheme of project financing of shared-equity construction is considered. Various options for ensuring the responsibility of the developer (bank guarantee, mutual insurance, insurance in an insurance company) are analyzed. The assessment of the best options for ensuring the responsibility of the developer is given deductions to the compensation fund, opening an escrow. The most effective mechanism is reflected, with the use of which it is possible to achieve the greatest security of a participant in an equity participation agreement (a shareholder). The requirements imposed on the developer at the present time before obtaining permission to put the shared-equity construction object into operation are structured. Statistical information is provided on the number of open escrows used in the field of shared-equity construction for the period 2022.