There is another view on the legal nature of the Shared Building Participation Agreement, under which it is a partnership agreement. They did not propose legislation on the relationships arising from participation in housing to apply the rules of the partnership. This became particularly relevant when there were long-term construction or cranial duggery problems. In Europe, the new housing market offers housing in new, sometimes partially furnished buildings. The European contractor will not sell square metres to retail buyers during construction, as this will require sellers, sellers and other employees to pay (International Construction, 2015). However, large investors could buy them because they buy at least one bite of apartments in a tower. Hans-Joachim Schramm, assistant professor at the University of Bremen, writes that the payment plan could look like this: 30 percent of the value is paid before the purchase of land and the start of work; 40% should be paid when the building is finished with an unfinished surface; then 10% after the roof and facilities are ready, and the building is ready for the occupants (according to the decree on third parties and sponsors) (Schramm, 2017). The proponent enters into joint contracts to participate in construction taking into account the chronological order of filing of written applications. In this situation, the owners tried to find alternative ways to invest in housing.
At the beginning of 2000, this problem was solved by an agreement on joint participation in construction. This method of funding had a number of advantages over the purchase of housing on the primary market: Moroz, S.P. (2011). Agreement on joint participation in construction in accordance with the legislation of the Republic of Kazakhstan. Procedure of the joint regional seminars of the Supreme Court of the Republic of Kazakhstan and the German Society for International Cooperation (GIZ) on civil law and civil trial, Supreme Court of the Republic of Kazakhstan. Shaydullin, R.R. (2016). The joint agreement to participate in construction: concept and functionality. Consulted by ???????-?????.??/ If the theme of common construction is housing, the partner also has the right, prior to the conclusion of a joint contract for participation in construction, to require the developer to have an audit report for the last year of the promoter`s financial and economic activities and a document confirming the fact of the insurance by the developer of the installation under construction for the duration of the construction and warranty. 2. A joint contractor who will issue a bank account contract and agrees to place money in a deposit and to take over part of a residential building when there is a commissioning certificate.
The purpose of this article is to analyze the legal nature of problems during construction with the means of citizens and legal persons. What documents can a shareholder require from a developer before entering into a collective shareholding agreement? It should be noted that the use of budgetary resources for joint construction is a one-off measure due to the need to prevent social tensions. The parties may also enter into a joint construction participation agreement (the “CPS-Vereinbarung”) under Federal Law 214-FZ. The construction contract covers project proponents and contractors. They may be natural and legal persons with special knowledge and skills in the field of construction.