Article 15. Fulfillment of obligations under the agreement on equity participation in housing construction and the agreement on equity participation in housing construction as part of renovation The Law on Equity Participation in Housing Construction

Home / Laws / Article 15. Fulfillment of obligations under the agreement on equity participation in housing construction and the agreement on equity participation in housing construction as part of renovation The Law on Equity Participation in Housing Construction

Article 15. Fulfillment of obligations under the agreement on equity participation in housing construction and the agreement on equity participation in housing construction as part of renovation The Law on Equity Participation in Housing Construction

1. Payment by the shareholder of the cost of the share stipulated in the agreement on equity participation in housing construction is made by making payments within the time limits set by the agreement to the bank account of an authorized company.

The cost of the share is paid by the shareholder as part of the renovation by transferring ownership of the renovation object and (or) the immovable property included in the renovation object to an authorized company after the Single Operator joins the contract for the provision of guarantees under the renovation and state registration of rights and encumbrances to the renovation object and (or) the immovable property included in the object. renovation works.

2. The obligations of the shareholder are considered fulfilled from the moment of payment in full of the cost of the share and its acceptance in an apartment building or a complex of individual residential buildings in accordance with the agreement on equity participation in housing construction.

The obligations of the shareholder within the framework of the renovation are considered fulfilled from the moment of state registration of the transfer of ownership of the authorized company to the renovation object and (or) the immovable property included in the renovation object and the acceptance of a share in an apartment building in accordance with the agreement on equity participation in housing construction within the renovation.

3. The obligations of the developer and (or) an authorized company to transfer a share in an apartment building or a complex of individual residential buildings shall be deemed fulfilled from the moment of commissioning of an apartment building or a complex of individual residential buildings, signing by the parties of an agreement on the transfer of a share in an apartment building or a complex of individual residential buildings, as well as holding events in accordance with housing legislation of the Republic of Kazakhstan.

4. The obligations of the contractor (general contractor) under the warranty period are considered fulfilled after they fulfill their obligations to eliminate violations of compliance with the construction indicators of an apartment building or a complex of individual residential buildings specified in the design and estimate documentation and in the agreement on shared participation in housing construction or the agreement on shared participation in housing construction that occurred during the warranty period. as part of the renovation.

5. The risk of accidental death or accidental damage to a share in an erected multi-apartment building or a complex of individual residential buildings prior to its actual transfer to an equity holder and/or equity holder as part of the renovation is borne by an authorized company. After the actual transfer of a share in an apartment building, the risk of accidental death or accidental damage passes to the shareholder.

The Law of the Republic of Kazakhstan dated April 7, 2016 No. 486-V SAM.

This Law regulates public relations related to the activities of equity participation in the housing construction of multi-family residential buildings by attracting money from individuals and (or) legal entities, and also establishes guarantees for the protection of the rights and legitimate interests of the parties to the agreement on equity participation in housing construction.

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Republic of Kazakhstan

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