Is it possible to rent a preferential apartment. - Real estate news - Renting an apartment with an outstanding preferential loan
Although for many, preferential loans for housing construction have become a long-awaited opportunity to make dreams of their own apartment come true, not all happy newcomers were in a hurry to move in right away. On the contrary, someone willingly let others live there for a good sum, making it a profitable and "dust-free" business. It got to the point of absurdity: some "would-be beneficiaries" posted ads "renting an apartment" even before the official delivery of the house and could not even show it to a potential tenant! The fact that the former freebie is coming to an end became clear last year, when Presidential Decree No. 246 appeared. It forbade, except in some exceptional cases, to lease apartments built on a preferential loan until its full payment. For violation - a heavy fine, but only if there is a lease agreement for residential premises. This year, the Code of Administrative Offenses and the Procedural Code of Administrative Offenses will include appropriate amendments and additions - and administrative responsibility will be introduced for renting out "preferential" housing before the loan is paid off and without any contract. That is, even the most cunning owners will have to answer.
Of course, in this case, the tax authorities will also be interested in a "bad apartment". First Deputy Head of the Inspectorate of the Ministry of Taxes and Duties in Minsk, Nadezhda Boldyreva, explains:
Today, about 45 thousand citizens are registered in Minsk, officially renting out apartments under an agreement. The inspection regularly identifies housing that is rented without any documents. In this we rely on a variety of sources: both on housing and communal services, and on the relevant statements of citizens, and on calls to the "hot line" operating under our department. In the first half of the year, 460 such apartments have already been identified. However, at present it does not matter for us whether this housing was built on a preferential loan or not - the very fact of its delivery without an official agreement is fundamental. But if during the check we identify an apartment built with a soft loan, then we send the relevant information to the local authorities as well.
After the adoption of the relevant amendments to the Administrative Code, a person convicted of such a fraud will have to pay twice. On the one hand, there is a fine for violating tax laws, on the other hand, a fine for renting an apartment built on a preferential loan before it is paid off. In the latter case, we are talking about 4 - 30 basic values, if such an offense was committed for the first time. If the violation is repeated within a year, the fine will increase to 30-50 basic.
The Kamennaya Gorka microdistrict in Minsk was considered to be the leader in terms of the number of preferential apartments for rent. This territory is under the jurisdiction of ZhREO No. 2 of the Frunzensky District, and the deputy director for ideological work of the organization Gennady Akstilovich notes:
With the issuance of the presidential decree, we really stopped registering lease agreements when it comes to an apartment built on a preferential loan. However, if we talk about bringing the owners of such housing to responsibility, then this is quite difficult to do. It is not easy to prove the fact of the lease itself - the tenants instructed by the owner introduce themselves as, say, his distant relatives who have come to live for a week. But you still need to know where to look, and if the owner has good relations with neighbors, they are unlikely to report his machinations. We are now dealing with only one case of renting an apartment bypassing last year's decree - the administrative process was initiated at the request of one of the family members, which means that there are specific witnesses.
Will the new amendments work as intended? Will it not happen that the landlord will still fill his pocket, simply from time to time paying a fine, or, worse, will shift all the risks onto the shoulders of the tenants? But hardly anyone would want to rent an apartment with such a "makeweight", because in which case they will have to fork out at the current base value of 4.5 million rubles, or even all of 7.5 million.
Deputy Chairman of the Standing Committee on Legislation of the House of Representatives Vladimir Cherevach believes that such amendments to the codes are clearly overdue:
Circumstances have emerged in which citizens who are in need of better housing conditions, with the help of preferential loans, are able to build their own homes. And then they begin to pass it successfully, while receiving, of course, significant income. The question arises: did they really need housing and government assistance? After all, they do not actually use this housing! The bill has already been adopted in the first reading and is being prepared for the second reading at the autumn session of the Parliament.
Photo by Vitaly GIL.
After the entry into force of the Decree of the President of the Republic of Belarus No. 246 dated May 30, 2013, which prohibits renting apartments until the repayment of the soft loan, the number of apartments on the rental market has significantly decreased. We all know that many owners simply went underground to avoid paying taxes and avoiding fines. But there are loopholes in any law. We are figuring out how it is possible to legally rent an apartment built with a soft loan.
Belarus is full of new buildings, apartments in which were built with the help of state support. For tenants, they were a real salvation, because a large number of owners intentionally build housing in order to earn on it for some time, and some simply have to rent it out in order to pay off the loan. At the beginning of the year, the government concluded that beneficiaries should live in their new apartments themselves, and not earn money on them. In order for housing built with state support to be used for its intended purpose, several approaches were thought out. Decree No. 246 not only introduced innovations in the procedure for providing state support, but also officially banned beneficiaries from renting out housing until they repay the loan.
Let us recall that the provision of residential premises for which a preferential loan has not yet been paid is prohibited under a lease agreement. Exceptions are cases when renting is permitted by local executive and administrative bodies. Otherwise, a fine of 4 to 30 base units is envisaged. If the offender was not at all frightened by the first fine imposed, and within a year he decided to try his luck again, then the amount of the fine increases to 50 basic units.
In what cases can executive and regulatory bodies approve the rental of subsidized housing?
Before studying the legislation, as an ordinary citizen, I decided to call the authorities. The decree has been in effect all summer and, apparently, caused a misunderstanding not only in society, but also among employees of the housing policy departments. Because the explanations of the RSC employees turned out to be completely different. The first call misled me - I was assured that it is impossible under any circumstances to rent an apartment with an unpaid soft loan. "Renting out is an income. Until the loan is fully repaid, this is impossible. You can try to rent an apartment only to a relative, and then at no cost the basis, which is prescribed in the contract. Come to the RSC with passports, documents for the apartment and written permission from the administration of your district, "they told me.
In another administration, at first they confused rent with the sale of an apartment. And after that, they listed particular cases that allow income from renting an apartment. For 100% confidence in the veracity of these cases, let us turn to Decree No. 246.
So, permission for the lease of residential premises of a private housing stock, built with the attraction of a soft loan, is issued in the event of: moving to another area, divorce, death of the owner of the home or a member of his family. In addition, if a citizen is able to prove his deplorable financial situation, then his application will also be accepted for consideration. The relevant executive or administrative body has the right to issue a permit without the consent of the pledgee (bank or other organization). Of course, each particular case must be documented.
In fact, an end has been put on a long-discussed topic: how to punish cunning citizens who have built housing with 1-5 percent loans for the sake of additional income.Back in 2012, the president, discussing the line of those in need, said: "I rented it out - take away his apartment! Otherwise he has a place to live, and we, the state, have built a second apartment for him, he leases it and earns 200, 300, and even 500 dollars a month in Minsk. "
At the same time, realtors noted: 10-15% of apartments that are rented in the capital's new buildings, the same Kamennaya Gorka, were built for soft loans.
Frightened owners of such housing for a good six months stopped renting out housing, which is why the rent of apartments in Minsk has significantly increased in price. But gradually people relaxed, began to move in tenants again, without official contracts.
In 2013, it became finally clear that no one would take the apartments. And that someday they will simply be fined for surrender - but this is still when ...
And now, amendments to the Administrative Code have been published on the national legal Internet portal pravo.by.
Article 23.86 called "Violation of the procedure for the provision of residential premises, built (reconstructed) or acquired with a soft loan, under a lease or lease agreement."
From the first part it follows: "The provision by a citizen of a dwelling (part of it), built (reconstructed) or acquired with the involvement of a soft loan, under a contract for the lease of residential premises of a private housing stock or under a rental contract for a residential property until the full repayment of a soft loan without the permission of the relevant local and the administrative body, when in accordance with legislative acts such permission is required, - entails the imposition of a fine in the amount of four to thirty base units (with a base of 180 thousand - from 720 thousand to 5 million 400 thousandrubles. - TUT.BY).
For the same act committed repeatedly within one year after the imposition of an administrative penalty - a fine from 30 to 50 basic (up to 9 million - TUT.BY).
It should be noted that now it is forbidden to rent not only apartments in "preferential" new buildings, but also "parts of apartments" - that is, rooms - until the full repayment of the debt on a preferential loan.
For comparison: the average rental price for a one-room apartment in a new building in the same Kamennaya Gorka is 4-5 million rubles a month, that's 48-60 million a year. So the owners of "additional" apartments built for soft loans, presumably, can try to pay off the debt in the near future in order to continue to earn money on the delivery without the threat of committing an administrative offense.
On May 30, the President of the Republic of Belarus signed Decree No. 246, which introduces changes and additions to some decrees.
According to the presidential press service, the document provides for establishing principle of one-time provision of state support (a soft loan and (or) a one-time subsidy) for citizens and their family members who improve their housing conditions together with them, with the exception of large families, for which reasons for re-registration in need of housing conditions have arisen in connection with the birth, adoption, adoption of children.
The possibility of providing one-time subsidies is excluded to pay off debts on preferential loans provided to young families and citizens permanently residing and working in rural areas.
Benefits provided for citizens permanently residing and working in settlements with a population of up to 20 thousand people will be extended to citizens building housing in satellite cities regardless of the population in them. This will create conditions for attracting citizens from regional centers and Minsk to satellite cities, the population of which may exceed 20 thousand people (for example, in Dzerzhinsk the population is already 25.7 thousand people).
Adult young citizens who are laureates of the special fund of the President of Belarus for social support of gifted pupils and students and (or) the President's special fund for the support of talented youth, the right to an extraordinary receipt of preferential loans for the construction (reconstruction) or purchase of residential premises is returned.
Concessional loans and one-time subsidies for the construction (reconstruction) of residential premises will be provided to citizens only in economical residential buildings of typical consumer qualities, the list of which is approved by the Ministry of Construction and Architecture. This will increase housing construction through soft loans and one-time subsidies.
Calculating the maximum size of a preferential loan will be made taking into account the standards for the total area of \u200b\u200bthe residential premises under construction and the cost of 1 square meter of the total area, not exceeding the single maximum standard for the cost of 1 square meter of the total area of \u200b\u200bthe residential premises, determined by the Council of Ministers.
For citizens living in unsuitable for living single-family (blocked) residential buildings and those wishing to build a new house on the same land plot, the calculation of the preferential lent area will be made without taking into account the total area of \u200b\u200bthe dwelling recognized as unsuitable for living.
For citizens engaged in the construction (reconstruction) of single-family, blocked residential buildingswho, for valid reasons, within the three-year period established by Decree No. 13 did not use the credit resources provided for these purposes in full, Belarusbank JSC is granted the right, in agreement with the relevant local executive and administrative bodies, to extend the period for issuing preferential payments for no more than 2 years. credits.
Conclusion of loan agreements is made subject to the contribution by citizens engaged in the construction (reconstruction) of single-family, blocked residential buildings and included in the lists for obtaining preferential loans, their own funds for the construction (reconstruction) of these residential buildings in the amount of at least 15% of the amount determined as the difference between the cost of construction (reconstruction) of a dwelling and the maximum amount of a concessional loan due. The calculation of the amount of own funds contributed for the construction (reconstruction) of a dwelling is based on the cost of the work performed and (or) purchased materials and products.
From one year to 5 years the ban on alienation of residential premises increasesbuilt with the attraction of concessional loans in cases of early loan repayment.
A ban is also established on the provision by citizens of residential premises under a contract of lease of residential premises of a private housing stock, built with the attraction of a soft loan, until its full repayment, except for cases when the renting of these residential premises is permitted by the relevant local executive and administrative bodies.
Local executive and administrative bodies, together with the Ministry of Internal Affairs, will be obliged to ensure systematic control over the observance of the established procedure for the provision of residential premises for rent, built with the use of a soft loan. In case of violations of the established procedure, the Decree provides for the administrative responsibility of citizens (imposition of a fine in the amount of four to thirty basic units) and determines authorized officials of state bodies who have the right to draw up protocols on such an administrative offense.
On a new kopeck piece, a beneficiary can earn 1.5 million a month.
Last week, Alexander Lukashenko spoke harshly about those on the waiting list who built apartments on soft loans, and are now renting them out.
Rented it out - take the apartment away from him! And then he has a place to live, and we, the state, have built a second apartment for him, he leases it and earns $ 200, $ 300, or even $ 500 a month in Minsk, - BelTA quotes the president.
"Komsomolskaya Pravda" tried to find out how and for how much you can rent an apartment in a "privileged" house in Minsk. We made a list of houses in which the waiting list had recently lined up, and went in search.
You can find an apartment, but only on the Internet
Cozy new buildings on Nemanskaya and Kuntsevshchina streets in Minsk were commissioned two years ago. Five minutes to the metro, near a clinic, a school and a shop. It is not surprising that all entrances are covered with advertisements in the spirit of "A young family will rent an apartment for a long time." But nobody cuts off the phone numbers. Can't you rent housing in these houses?
Excuse me, you don’t know, is there someone renting an apartment? - I'm interested in a man entering the entrance.
We - definitely no one, - he confidently answers.
Maybe someone is already filming?
Personally, I don't know such people. But maybe they are filming.
Other tenants say the same. But in fact, you can still find an apartment in these new buildings - on the Internet. On specialized sites, they even offer to choose from several options. I called on a tempting ad: two rooms, double-glazed windows, plumbing, refrigerator, built-in wardrobes - and only $ 250 a month.
And what kind of repair has been done there?
Well, good, but not Western-style renovation, of course. Belarusian wallpaper is glued, linoleum on the floor.
According to another ad, they tell me that there is no furniture in the apartment, and that the repairs have been made "minimal, but of high quality."
These are new houses, a whole street of new buildings! In principle, there cannot be bad conditions there. This is a normal finish.
But the apartment from the third ad has already been rented.
"Rent cheap, but only if you are decent"
Rented accommodation is sought not only by young families, but also by students who come to study in Minsk. Last year, three students from other cities managed to find a three-room apartment for only $ 250 a month - just in one of the very "privileged" houses in Minsk's Kuntsev region.
The owner was ready to rent for little money, but so that the tenants were decent, one of the girls explains. - At the same time, repairs were made there, there was a stove, kitchen cabinets, a sofa, armchairs and even a washing machine. However, it is not in very good condition. But these conditions for such money are just a godsend!
Alas, the students still had to move out soon anyway: the owner decided to put relatives in the apartment. He himself lives in his second apartment.
READER "KP"
How much do those on the waiting list who rent out their apartments earn
5% loan for a two-room apartment - about 100 million rubles.
Monthly loan payments - about 500 thousand.
Income from renting an apartment - $ 250 (2 million 100 thousand).
Net income - 1 million 600 thousand monthly.
HAVE A QUESTION
Is it possible to pick up an apartment built on credit?
Within the framework of civil law, an apartment can be seized only when land plots are seized for state needs, - explains Andrey Kudakaev, a leading legal adviser of the Tvoya Stolitsa real estate agency. - But with such an exemption, compensation is also due. There are no other options yet.
According to the decree, which has been in effect since the beginning of this year, if an apartment is built on credit, but the loan is not paid, it means that the housing is pledged by the bank. It can be rented out only with the consent of the mortgagee, that is, the bank. If the apartment is rented out without the consent of the bank, the lease agreement will be invalidated. The consequences of illegal long-term renting of housing can be, for example, problems with the tax, but we are not talking about deprivation of property rights. In addition, the Civil Procedure Code stipulates that an apartment built on credit cannot be foreclosed. That is, it cannot be subject to confiscation.