Terminology in the construction industry: who is the developer and who is the customer. Who is a developer and what does he do? Developer definition

Developer is a legal entity, regardless of its organizational and legal form, which owns or leases and attracts funds from participants in shared construction in accordance with this Federal Law for the construction (creation) on this land plot and (or) other real estate objects, for with the exception of industrial facilities, on the basis of a received construction permit.
Source. The definition is given in Article 2 of the Federal Law "On participation in shared construction of apartment buildings and other real estate and other real estate."

A developer is an individual or legal entity that organizes construction, reconstruction and repair (with or without a complex of engineering and social infrastructure), including for their own residence, rental, rental or sale.
Source. This definition of the term developer is given in the law of the Russian Federation dated December 24, 1992 “On the fundamentals of federal housing policy.”

Developer is an individual or legal entity that provides construction, reconstruction, technical re-equipment of capital construction projects on a land plot owned by him, as well as carrying out engineering surveys and preparing design documentation for their construction, reconstruction, and major repairs.
Source. This definition of the term developer is given in Letter of the Ministry of Economic Development of the Russian Federation dated December 4, 2009 No. 18863-OS/D17 “On Order of the Ministry of Economic Development of Russia dated October 1, 2008 N 305.”

The developer is a person who attracts funds and (or) property of construction participants; a legal entity, regardless of its organizational and legal form, including, or an individual entrepreneur, to whom there are transfer requirements or monetary claims.
Source. This definition is given in the Federal Law of July 12, 2011 “On Amendments to the Federal Law “On Insolvency (Bankruptcy)” and Articles 17 and 223 of the Arbitration Procedural Code of the Russian Federation in terms of establishing the features of bankruptcy of developers who raised funds from construction participants.”

Developer – business company:
- which or whose main company or any of the subsidiaries of the main company has experience (at least three years) of participation in the construction (creation) of apartment buildings with a total area of ​​at least ten thousand square meters in the aggregate, if any, obtained in the manner established by the legislation on urban planning activities, permits for the commissioning of such apartment buildings as a developer, and (or) technical customer, and (or) general contractor in accordance with a construction contract;

Which is owned or leased, subleased or as provided for by the Federal Law of July 24, 2008 N 161-FZ “On Promoting the Development of Housing Construction” (hereinafter referred to as the Federal Law “On Promoting the Development of Housing Construction”), subparagraph 15 of paragraph 2 of Article 39.10 of the Land Code of the Russian Federation in cases of the right to free use of a land plot and attracts funds from participants in shared construction in accordance with this Federal Law for the construction (creation) of apartment buildings and (or) other real estate objects on this land plot, with the exception of production facilities appointments based on the received construction permit;

The name of which contains the words “specialized developer”.
The developer also means a non-profit organization created in accordance with the Law of the Russian Federation of April 15, 1993 N 4802-1 “On the status of the capital of the Russian Federation”
Source.

In the modern construction services market, this is not easy to do. In order to minimize possible risks (financial, organizational, technological), it is necessary to have certain knowledge, some of which we suggest studying in the proposed selection.

Customer

The Civil Code of the Russian Federation gives precise definitions of terms used in construction paperwork. The customer is an individual or legal entity (organization, enterprise of state or non-state ownership) placing an order for construction work and services on a paid basis. The customer’s functions include not only ordering work, but also accepting finished construction products with subsequent payment. The customer can be a private person, a commercial structure, a production association or the state.

Developer

Developer is a construction organization specializing in construction and installation work on capital construction projects, repairs and reconstruction of facilities. Upon completion of construction or repairs, the developer must put the facility into operation and receive payment for the amount of work performed. To carry out the production, financial and schedule work plan, the developer can use its own labor resources (as a contractor) or involve subcontractors.

The main difference between these concepts can be boiled down to the following: The customer orders the construction or repair of an object and pays for the result; the developer performs this work and receives a reward for it.

Investor

Commercial and industrial structures can use not only their own funds, but also borrowed funds for the construction or repair of buildings. An individual or legal entity who partially or fully finances construction on the basis of subsequent receipt of passive income is called an investor. Depending on the payback period of the project, investments are divided into: short-term and long-term. Investors can be either developers who carry out orders for the construction, repair or reconstruction of an object, or third parties not engaged in construction work.

Share building

In some cases, individuals act as co-investors. Cash from shareholders is a special form of investment attracted by a construction or investment company for the purpose of constructing construction projects. Each such share after putting the facility into operation is transferred to the investor-shareholder. Relations between “shareholders” are regulated by the Agreement. Before becoming a participant in construction, the shareholder should familiarize himself with both the possible risks and guarantees provided for by the Code of Administrative Offenses and Federal Law No. 214-FZ.

Development

Development is a business activity whose subject is commercial real estate (offices, shopping and entertainment centers, warehouses, hotels, real estate built for the purpose of receiving rent, etc.). Consequently, a developer is an entrepreneur who manages the construction process from the development of project documentation, preparation of a business plan, acquisition of a land plot, organization of an advertising campaign, selection of a developer to the sale of this object in order to obtain maximum profit. Unlike the developer, who is the owner of the land plot on which construction work is planned or carried out, the developer deals with the organization, financing and sale of commercial real estate.

Developer's responsibility

The developer is obliged to timely publish truthful information about the construction project in the media. Otherwise, he may be held accountable under Art. 14.28 (part 2) Code of Administrative Offences.

If the developer does not have a construction permit, he does not have the right to attract funds from shareholders. If this provision is violated, the developer faces a fine of 0.5 to 1 million rubles. This fine may be assessed for each illegally signed equity participation agreement.

Without a construction permit, the developer cannot post information (or incomplete information) about the construction project in the media, organize advertising, etc. In this case, the amount of the fine can range from 100 to 500 thousand rubles.

In accordance with the law, the developer is obliged:

  1. Comply with construction and delivery deadlines;
  2. Guarantee the fulfillment of the terms of the concluded Agreement;
  3. Ensure proper conditions for collateral (land and real estate under construction) in the event of bankruptcy;
  4. Provide interested parties (“shareholders”) with complete, reliable information regarding the facility under construction (term of commissioning of the building, floor, house number, number of rooms, etc.).

How to choose a developer?

In order to minimize or completely eliminate all possible risks, when choosing a developer, it is advisable to collect and analyze all useful information regarding his professional activities.

  1. The date of registration of the company and the period of its activity. This can be checked on a special page on the tax service website.
  2. Does the company have a bank account and how long has it been open?
  3. Does the company have fixed production assets (buildings, transport, special equipment, etc.) on its balance sheet?
  4. Does the company have its own website, how long has it been in operation? This is easy to check on the Trusteeseti website.
  5. What projects have already been completed by the developer, are there any unfinished construction projects?
  6. Is the company working on other projects at the same time as the property in question?
  7. Does the development company have financial debt to the budget and creditors? It is easy to check counterparties using .

Mistakes when choosing a developer:

  1. Concluding an Agreement with a company that does not have official registration;
  2. The developer lacks estimate documentation for construction and installation work;
  3. The developer does not have an official
  4. Conclusion of an Agreement with a representative of the developer who presented an improperly executed power of attorney;
  5. The developer does not have a building permit, etc.

Tips for choosing and evaluating a construction company are on video.

Developer An individual/legal entity or state executive/local government body that has received, in accordance with the established procedure, a plot of land for the construction or reconstruction of a real estate complex.

organization, enterprise or institution at the expense of which construction is carried out

(Bulgarian language; Български) - investor

(Czech language; Čeština) - stavebnik

(German; Deutsch) - Investitionsträger; Investräger

(Hungarian; Magyar) - epíttető

(Mongolian) - barilga bariulakh baiguulaga

(Polish language; Polska) - jednostka finansująca inwestycje

(Romanian language; Român) - beneficiary

(Serbo-Croatian language; Srpski jezik; Hrvatski jezik) - investor

(Spanish; Español) - inversionista

(English language; English) -Owner

(French; Français) - maître d'ouvrage


investor, as well as other legal entities and individuals authorized by the investor to implement investment projects for capital construction. (See: Accounting for agreements (contracts) for capital construction (PBU 2/94).)

Source: "House: Construction terminology", M.: Buk-press, 2006.


Construction dictionary.

Synonyms:

See what “Developer” is in other dictionaries:

    An individual or legal entity that organizes the construction, reconstruction and repair of residential buildings, including for their own residence, rental, rental or sale. The developer has the right to receive or purchase in... ... Dictionary of business terms

    A person who is provided with a land plot in accordance with the established procedure for the construction or reconstruction of a real estate complex. In the Russian Federation, developers can be: individuals or legal entities; state executive bodies... ... Financial Dictionary

    A person who organizes the construction, reconstruction and repair of residential buildings (with or without a complex of engineering and social infrastructure), incl. for your own residence, rental, rent or for sale. According to the definition of Federal Law O... ... Legal dictionary

    DEVELOPER, developer, husband. (official). The person who has the right of development. Ushakov's explanatory dictionary. D.N. Ushakov. 1935 1940 … Ushakov's Explanatory Dictionary

    DEVELOPER, huh, husband. One who builds or has built for himself a house or structure on a designated plot. Developer team. Plant h. | wives developer, s. Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 … Ozhegov's Explanatory Dictionary

    Noun, number of synonyms: 2 developer (2) co-developer (1) ASIS synonym dictionary. V.N. Trishin. 2013… Synonym dictionary

    developer- Organization, enterprise or institution at the expense of which construction is carried out [Terminological dictionary of construction in 12 languages ​​(VNIIIS Gosstroy of the USSR)] Topics of construction in general EN Owner DE... ... Technical Translator's Guide

    Developer- an individual or legal entity that organizes the construction, reconstruction and repair of residential buildings (with or without a complex of engineering and social infrastructure), including for their own residence, rental, rental or... ... Encyclopedic dictionary-reference book for enterprise managers

    Developer- 2.4. Developer is a legal or natural person constructing a building or structure on an allocated or acquired site. Source: TSN 12 304 99: Acceptance and commissioning of completed construction projects. Basic... Dictionary-reference book of terms of normative and technical documentation

    Developer- (developer) an entrepreneur in the real estate market, engaged in the transformation of an undeveloped site into a completed functioning real estate by creating roads, engineering structures, buildings, implementing landscape measures, ... ... Glossary of terms on expertise and real estate management

    Developer- 16) developer - an individual or legal entity that provides construction, reconstruction, major repairs of capital construction projects on a land plot owned by him, as well as carrying out engineering surveys, preparation... ... Official terminology

Books

  • Construction of a private house with calculation of the necessary materials, Kostko Oleg Konstantinovich. As the saying goes, every man should plant a tree, build a house and give birth to a son. The first is the simplest, the last does not always depend on the man himself, but he can build a house...