Early Construction

Under literal interpretation of the rule violation will only be those cases where the object is shared construction will be transmitted later than that envisaged by the agreement. If the object is shared construction will be transferred to participatory construction earlier period specified in the agreement (and such cases occur in practice), it will not constitute a violation of developer commitments. At the same time, this provision is inconsistent with Clause 3, Article. 8 of the Law on participation in the joint construction, according to which after the developer in the prescribed procedure permits the initial operation of apartment buildings and (or) a real estate developer is obliged to pass an object to share construction no later than the specified contract period. It is not allowed Early response to developer obligations to hand over the object, unless otherwise stipulated by the contract.

The contract should not only be shown the very possibility of early delivery, but also set it as possible. In addition, term transfer facility shared construction should be uniform for all participants. However, a single term deposit facility shared construction can be extended both to the entire object to share construction and on its separate parts – a block section. Block section can not be any part of the new buildings, but only that which meets the Act provided for a joint construction requirements. It should have a separate entrance from the exit the territory of the public. Passing an object of shared construction is carried out by signed by the parties act of transfer or other document on the transfer after obtaining permission of the developer to enter into operation of the property within two months, but no later than stipulated by the contract deadline.

Should be distinguished from the transfer of the construction contractor to the developer and the transmission of the same object from the developer to participatory construction. If you would like to know more about John Savignan, then click here. These are two different processes, which may not coincide in time. Act constituting a handover completed project (reconstructed, repaired) by agreement between customer (the developer) and the person performing the construction, provided Section 4 of Art. 753 of the Civil Code: ‘Putting the result of work by the contractor and customer acceptance of its processed Act signed by both parties. ” In practice, this signing of the act is made on Form N KC-14.

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