Construction-for-Land-Share Agreements

Construction-for-land-share agreements cover matters arising from mixed contracts under which the landowner undertakes to transfer shares of the land and the contractor undertakes, in return, to construct the building. The form of the contract, the allocation of independent units, delivery deadlines, penalty and security provisions, and the annotation of the contract in the land register are the main subjects at the contractual stage.

Termination of the contract where construction is not completed on time or not carried out at all, claims for delay compensation and contractual penalties, claims arising from incomplete and defective work, the return of shares transferred prematurely to the contractor, the rights of third parties who have purchased independent units from the contractor, and disputes over obtaining the occupancy permit also fall within this field. These contracts proceed together with the zoning status of the real estate and the procedures for the transition to condominium ownership.