Purchase agreement and purchase of an apartment in a building under construction
What stages does the buyer go through in case of purchasing a space within an under-construction property and how to protect their interests in the event of a deadline violation?
A preliminary purchase agreement is formalized when the object of acquisition pertains to a yet-to-be-constructed property, constituting a prospective subject.
Should the builder secure the construction permit after January 1, 2022, they are mandated to explicitly stipulate the property's commissioning date in the contract. This is because the supply of utilities (such as natural gas, water, and electricity) to the property hinges on the occurrence of this event, as it cannot be definitively ascertained before commissioning whether the work has been duly completed. Therefore, prior to such an event taking place, it is imperative to execute a preliminary purchase agreement, which supersedes any obligations outlined by the construction firm in the permit documentation.
Following the issuing act of accepting into exploitation, the builder possesses the entitlement to officially register as property owners those prospective owners who have diligently fulfilled their obligation to pay the due charges.
If the state of the area to be transferred does not align with the agreed-upon condition at the time of executing the primary purchase agreement (such as being in a black frame state and necessitating conversion to a white frame state), the builder's obligation to complete the required enhancements within a specified timeframe is legally established.
After signing the main purchase agreement and reaching the agreed-upon conditions, a final act of acceptance is drawn up between the parties, by which they confirm the diligently fulfillment of their obligations to each other.