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What are the responsibilities of a developer in a multi-unit development?
The developer is responsible for the following when handing over a multi-unit development:
– A management company for the owners must be established.
– At the developer’s expense, the common areas of the development must be transferred to the owners’ management company.
– A contract between the owners’ management company and the developer is required to spell out each party’s responsibilities. Compliance with statutory requirements, completion of common areas (for which the developer remains responsible), retention money (to ensure that the developer completes the project, money is usually retained by the company), and dispute resolution should all be addressed in this contract. (The owners’ management company must have separate legal representation during contract negotiations.)
– A qualified person should provide a certificate under the Building Control Acts stating that the development complies with fire safety regulations. Qualified people can be architects, building surveyors, or chartered engineers, according to the Multi-Unit Developments Act 2011 (Section 3) (Prescribed Persons) Regulations 2011.