ТҰРҒЫН ҮЙ ҚҰРЫЛЫСЫНА ҮЛЕСТІК ҚАТЫСУ ТЕТІКТЕРІН ЖЕТІЛДІРУ ТУРАЛЫ МӘСЕЛЕГЕ ON THE ISSUE OF IMPROVING MECHANISMS FOR EQUITY PARTICIPATION IN HOUSING CONSTRUCTIONТҰРҒЫН ҮЙ ҚҰРЫЛЫСЫНА ҮЛЕСТІК ҚАТЫСУ ТЕТІКТЕРІН ЖЕТІЛДІРУ ТУРАЛЫ МӘСЕЛЕГЕ
Keywords:
shared-equity construction, developer, equity owner, authorized company, housing construction, hared-equity construction contracAbstract
This article discusses the issues of improving the mechanisms of shared participation in housing construction. The institution of equity participation in housing construction in Kazakhstan is a relatively new phenomenon, which, along with positive results, has led to negative consequences, among which the violation of the rights of citizens investing in the purchase of residential premises under construction in apartment buildings is clearly highlighted. Today, the practice of equity participation in construction is widespread throughout the world.
The relevance of this topic is not in doubt, since equity participation in housing construction is vital in connection with the rapid growth of real estate prices, provides affordable housing for citizens, effectively and efficiently as a way to exercise their right to housing.
The article analyzes the problematic issues of equity participation based on the study of the practice of its application and ways to solve them. First, the article proposes to establish clear criteria for the legal status of subjects of investment relations in shared-equity construction and the separation of investors from equity holders-citizens, as well as the need to clarify the requirements for the contractor. Secondly, it is proposed to introduce modern methods of information processing and automation of interaction processes of all construction participants. In particular, the conclusion of an equity participation agreement in electronic format. Third, it is necessary to improve the legal regulation of issues related to the equity participation agreement. Fourth, at the moment, the issue of adding to the list of areas of targeted spending is relevant. Fifth, we believe that the problem of monitoring shared-equity construction can be solved by establishing in the Law of the Republic of Kazakhstan «on shared participation in housing construction» the competence of the authorized body to develop and adopt Rules for monitoring the progress of construction of shared-equity objects in housing construction, as well as to analyze and evaluate data on issued permits, the results of monitoring the progress of construction in order to develop appropriate explanations to developers and the population on the application of legislation and proposals for its improvement