How to accept an apartment from builder-company, built by equity agreement construction Printable versionLast update: 03.12.2020
When purchasing an apartment with the agreement of equity construction in residential building it’s necessary to take into account a range of aspects before starting a construction and after it. What measures should be taken before making an agreement of equity participation one can found in the article “Equity construction in Kazakhstan: how to secure yourself while buying a house with equity participation agreement”, in this very article you will learn what measures should be taken and what is necessary to check when equity construction is finished.
There are some cases when long-awaited housing is almost built and both sides- builder and the owner of apartment- neglect necessary checking on meeting the requirements indicated in the agreement. There are situations, when companies- builders offered to sign transfer and acceptance act in the office of this company without the checkup of apartment. Haste and dishonesty of building companies and absence of citizens’ awareness can be a reason of big problems when living in the apartment.
What should be undertaken before checkup and acceptance of apartment?
And if you still remain firm in the decision to buy an apartment in a new building, the next step is to find a suitable residential complex and a reliable construction company. Where to begin? Of course, from the Internet. In addition to information about the facility itself (location, stage of construction, type of house, etc.), immediately learn the reputation of the developer. What facilities he had already built, were there any high-profile scandals with his participation, how successfully facilities were sold. Check out reviews about the RC and the developer on the forums or talk with those who have already bought an apartment there. On the official website of the company there should be information about the customer, general contractor of construction, licensing documentation, licenses. If there are no documents on their website, then ask the manager to show them to you. Also find out if the developer has partner programs with banks. Particularly active in this respect is the House Construction Savings Bank. Mortgage in this case is provided also for a residential complex, not put into operation.
Also, partnership with state organizations and banks can serve as a good indicator of reliability. Acceptance of the object from the contractor (general contractor) is carried out by the customer in conjunction with technical and author supervision. After receiving from the contractor a written notice of the readiness of the facility for acceptance into operation, the customer carries out the acceptance of the facility into operation. From the day the notice is received from the contractor about the readiness of the facility, the customer requests from the contractor and persons carrying out technical and architectural supervision, a declaration of conformity, conclusions on the quality of construction and installation works and compliance of the executed work with the project. The contractor (the general contractor) and the persons carrying out the technical and architectural supervision shall submit a declaration of conformity, conclusions on the quality of the construction and installation works and compliance of the executed work to the project or negative conclusions within three working days from the date of receipt of the request from the customer.
The conclusion of the architectural supervision of the compliance of the executed works with the project is the basis for providing the providers of engineering and utility services with access to the services they render in accordance with the previously issued technical conditions when designing the facility if this does not contradict the current rules and regulations. The customer, on the basis of a declaration of conformity, conclusions on the quality of construction and installation works and the compliance of the executed work with the project, together with the contractor (general contractor), the persons carrying out technical and architectural supervision, is obliged to check the executive technical documentation for availability and completeness, inspect and take the object into operation under the relevant act. In the case of violations of approved design decisions and state (interstate) standards, and also in the presence of negative conclusions, the customer takes the facility into operation after the contractor (general contractor) eliminates the violations. In the case of elimination of revealed violations, the acceptance of the facility into operation is carried out in the order established by this article.
Providing to the customer of the design (design and estimate) documentation, declaration of conformity, conclusions about the quality of construction and installation works and the compliance of the executed works with the project does not remove from contractors of the contract for design and construction and installation works, from persons performing technical and architectural supervision, responsibility for performed work in the design, construction, acceptance and commissioning of the facility.
Carefully follow the receipt of notices from the company-developer: if you change your address, you need to notify. In rare cases, a clause is added into the Participation Agreement whereby if the customer did not come to the examination and re-examination of the apartment, it means that he has no claims and complaints.
All the requirements for the constructed housing must comply with those specified in the agreement and the minimum requirements for housing construction. Do not rush to sign the certificate, without having examined the apartment carefully, in order to quickly pick up the keys. You will protect yourself and your housing in the future, reduce the cost of repairs, if you correctly approach the acceptance of the apartment and correctly report the defects. The construction company is obliged to fix all inconsistencies between contractual obligations and real housing, if not voluntarily, then judicially.
By signing the acceptance certificate without inspection or by briefly acquainting, you automatically agree to fix the defects of the developer yourself, unless you assign the obligation to fix them to the construction company.
According to the first article of the Law "On Equity Participation in Housing Construction", the guarantee period must be specified in the agreement. The warranty period is the time during which the developer guarantees the preservation of the quality of the construction object indicators specified in the design (design and estimate) documentation and the possibility of operating the residential building in accordance with the Agreement of Participation in Shared Construction.
What should you check while acceptance of new apartment?
If any defects were identified while acceptance of apartment
When the builder and equity holder carry out their obligations by agreement?