Legal basis of the petition
According to the law on pre-sale of buildings, the pre-sale contract must be concluded only through the preparation of an official pre-sale document at the notaries and with the inclusion in the ownership document. This requirement, although an explicit text of the law, is not currently fully implemented throughout the country. In some cities of the country, it is possible to prepare an official pre-sale document. However, if the pre-buyer wants to use the legal obligation after concluding a normal pre-sale contract, he must file a claim for the obligation to prepare an official document for the pre-sale of the property.
The following documents are required to prepare an official pre-sale document:
- The official title deed with the official lease document with the right to construct the building or the official contract, indicating that the transaction in exchange for the investment with the right of sale has been allocated to the pre-seller through the construction of the building on the field.
- Construction permit for the whole building and independent technical certificate for each unit.
- Liability insurance related to the subject of Article 9 of this law.
- Confirmation of the supervising engineer of the building, based on the end of the foundation operation of the building.
- Answer the inquiry from the Real Estate Registry Office where the property is located.
If the property that has been pre-sold under a normal contract does not have a building permit and a technical certificate, the pre-seller must be required to ask the court to obtain these items in the petition.
One of the requirements for concluding a formal pre-sale contract is the approval of the supervising engineer, based on the completion of the foundation operation. If at the time of the lawsuit, the foundation operation was not completed, the pre-seller must be required to complete the foundation operation.