On equity participation in housing construction

Memo on equity participation in housing construction

Methods of organizing equity participation in housing construction

Equity participation in housing construction is organized in one of the following ways:

1) obtaining the guarantee of the Guarantee Fund;

2) participation in the second-tier bank project;

3) attracting money from shareholders after the construction of the frame of a residential building (residential building).

Note:

- It is prohibited to attract money from individuals and legal entities for the construction of residential buildings (residential buildings) in other ways.

Requirements for entering into a CONTRACT

(ON EQUITY PARTICIPATION IN HOUSING CONSTRUCTION)

1. An agreement on shared participation in housing construction is concluded in writing and is considered concluded from the moment of its registration with the local executive body.
2. Attraction of money of shareholders is carried out by the authorized company on the basis of the permission of the local executive body.
3. The authorized company provides for review to individuals and legal entities who have applied for the purpose of concluding a contract on equity participation in housing construction full information about the construction object.
4. If the authorized company provides incomplete and unreliable information, the shareholder has the right to apply to the court with a claim for recognition of the contract on shared participation in housing construction as invalid.

Note:

- other ways of concluding contracts and attracting money from shareholders are prohibited.

- The developer and (or) the authorized company has the right to advertise a project for the construction of a residential building (residential building), indicating that agreements on equity participation in housing construction will be concluded only after the conclusion of a guarantee agreement with the Guarantee Fund or the issuance of a permit to attract money from shareholders by the local executive body. The ad must contain information about the developer and the authorized company.

Rights and obligations

1. The shareholder has the right to:

1) obtain the information specified in article 22 of the Law on Equity Participation in Housing Construction;

2) assign the rights of claim under the agreement on shared participation in housing construction in the manner determined by the civil legislation of the Republic of Kazakhstan;

3) demand the proper execution by the authorized company of the terms of the agreement on equity participation in housing construction.

1.2. The shareholder is obliged to:

1) deposit money to the bank account of the authorized company in a non-cash manner in accordance with the agreement on equity participation in housing construction;

2) timely fulfill the terms of the agreement on shared participation in housing construction;

3) accept a share in a residential building (residential building) in the presence of a registered act of acceptance of a residential building (residential building) for operation within thirty calendar days from the date of receipt by the shareholder of a notification from an authorized company with the signing of a contract on the transfer of the share;

4) in the event of a change in the actual address and / or other personal data, notify the authorized company in writing within thirty calendar days.

2. The authorized company is responsible for ensuring control over the progress and quality of construction.

2.1. The authorized company, under the conditions specified in the agreement on equity participation in housing construction, disposes of the money deposited for the construction of a residential building (residential building) and is responsible, provided for by the legislation of the Republic of Kazakhstan or the agreement on equity participation in housing construction, for:

1) targeted and timely use of shareholders ' money;

2) compliance with the requirements of regulatory and technical documents during the construction of the object;

3) the quality of the construction materials, structures, equipment used and the conduct of construction and installation works;

4) terms of putting the object into operation;

5) transfer to the shareholder of his share.

2.2. The authorized company is responsible for selecting the contractor (general contractor) by submitting the qualification requirements