Formal and Legal Aspects of Buying and Commissioning Flats

World Multidisciplinary Civil Engineering-Architecture-Urban Planning Symposium - WMCAUS

土木建筑工程

Dubas, Sebastian^1 ; Nowotarski, Piotr^1 ; Milwicz, Roman^1

Poznan University of Technology, Institute of Structural Engineering, Piotrowo 5 street, Poznan

60-965, Poland^1

关键词: Construction works;    Contract terms;    General contractors;    Laws and regulations;    Logical connections;    Rights and responsibilities;    Transfer of ownerships;    Work organization;   

Others  :  https://iopscience.iop.org/article/10.1088/1757-899X/245/3/032089/pdf
DOI  :  10.1088/1757-899X/245/3/032089

学科分类：土木及结构工程学

来源: IOP

【 摘 要 】

Formal and legal aspects of buying flats and their reception is very current topic and touches wide group of buyers. Annually in Poland great amount of flats is being sold and put to use. However, the case of housing purchase requires knowledge of both the construction and the legal aspects each buyer has to encounter. The paper faces the subject of formal and legal aspects, and analyses accompanying procedure of purchase and reception of housing in Poland. The article presents principles associated with the acquisition of a dwelling, process of works reception, removal of detected faults, fault-free reception, transfer of ownership, warranties, guarantees and possibilities of their enforcement. Contracting parties of the developer agreement were revealed. In addition, the entities present in the course of works such as general contractor were mentioned, due to the fact of his direct influence on the results of a contract terms between developer and buyer. Logical connection between three parties (buyer-developer-general contractor) were shown and direct and indirect dependencies were revealed. Existing laws and regulations that govern the relationship between the developer and the buyer of a dwelling were determined showing basic rights and responsibilities of each. The article also presents problems resulting from delaying the completion of works by developer's fault and indicates possible legal paths to follow in order claim their rights. Due to the fact, that many of discussed formal and legal aspects in this subject have their origin connected to construction works and design issues, author suggests increased quality control and efficient work organization in order to solve problems before appearance.