When it comes to large-scale investments such as building a house, all relationships with the contractors must be fixed on paper. This is the surest way to avoid misunderstandings. Building a house from scratch is a multi-stage process that requires the involvement of qualified specialists, called contractors. Considering the high degree of responsibility for the result on all stages of building a house, the parties’ obligations and other important points should be discussed in advance. The main document regulating the relevant relationship with builders is the construction contract template.
Before you start
The construction of a private house is a protracted process that requires the investment of money and effort. Understanding the processes and planning for costs will help make it easier. We will tell you about the processes and stages of construction. The decision to build a house comes with a great responsibility for the initiator since this process is lengthy, costly, and requires adherence to specific procedures.
Private construction is conventionally divided into several stages. Let us consider each of them in more detail in order to maximally protect ourselves, and the construction process itself, from force majeure and complications. Before buying a plot, consider all the nuances of the house and the wishes of the buyer, including the location of the main building and outbuildings. When choosing a site, pay attention to the project and check compliance with the characteristics specified in the advertisement for sale.
After buying a plot, you need to take care of conducting an engineering-geological survey of the land – this will help to adapt the foundation of the future house to the characteristics of the site (taking into account the properties of the soil, the level of occurrence of groundwater, etc.). So you can be sure that the house will not “float” and you will not have to do an additional screed of the walls.
After the conclusion of the transaction for the acquisition of the land, the buyer will have the following documents:
- A copy of the construction template and the purchase and sale
- A certificate from the cadastral bureau
- Technical passport (if you bought a plot with unfinished buildings)
Where to start construction
Building your own home is not an easy task, but that difficulty comes with a major upside; significant savings. Many are stopped by the fact that they do not know where to start building a house on their site. The variety of work, costs, documents, time, the risk of making a mistake, and the possible consequences are frightening. Our goal is to provide information on how to complete all stages of construction with your own hands, step by step. And the final decision is yours. It is necessary to start the construction of a house with preparatory work, and with the required permits:
- Find out if it is possible to build a house on a specific site and if its purpose coincides with your plans;
- Contact service organizations to determine the possibility of connecting the future home to all the necessary communications;
- Order a geodetic survey to determine the soil’s structure and draw conclusions about what foundation will need to be laid and whether it is risky to build something at that location at all.
After making sure that a house’s construction is possible, create the design and permitting documentation. Everything you need to get a house building permit is as follows:
- Project documentation;
- Documents confirming land rights;
- Declaration on the start of construction work;
- Documents confirming the identity of the applicant.
You can use the help of a contractor or a simple construction contract template to make this task easier.
What is a construction contract template?
To start the construction of a private house and not mess up the legal side of things, the most straightforward way is to use the standard construction template. Let’s take a closer look. According to the definition contained in the civil code, in the construction template of a contract, one party (contractor) undertakes at its own risk to perform specific work for the other party (customer). The customer undertakes to accept and pay for the work performed. The contractor’s risk is that he does not have the right to demand payment for his labor if the contract subject is executed in violation of existing building standards, or destroyed. It is assumed that the contractor is qualified to perform the specified work and will use the correct technology. In turn, the customer has no right to interfere in the process of performing work – they pay for the result, not for the process.
Depending on the amount of funding, time frames, and other conditions, the customer either instructs a specific organization or individual to build a turnkey facility or engages them to perform certain work types. Based on this, you need to enclose one or more construction templates. Ideally, it is more efficient to delegate most of the work to one contractor. But since the construction of a house is a complex process, involving many varied and diverse works (pouring the foundation, erecting walls, installation, finishing work), the contractor may involve other persons (subcontractors) to carry them out. In this case, he becomes the general contractor and is responsible for the actions of the employees (subcontractors) hired by him, unless otherwise specified in the construction template.
The construction template
Before concluding a construction contract template, a potential customer should do the following:
- Determine what amount of work the contractor will perform (construction of the whole house or particular work).
- Apply to the executive body of the local council on the intention to build a land plot that is in its ownership or use, for issuing a building permit.
- Submit a notification or a declaration about the start of construction to the architectural control inspection.
- Obtain a document certifying ownership or right to use (including on a lease basis) the land plot on which the object will be located.
- Obtain approved design documentation.
The contractor can also prepare and approve the documentation. This requires a notarized power of attorney from the customer. The contractor must have licenses for design and other work. Most construction work now is not subject to licensing. Despite this, when meeting with a potential contractor, you need to pay attention to whether he has a license to carry out the type of work he is involved in. Otherwise, in the future, questions may arise related to the commissioning of the facility. If the general contractor will involve subcontractors, it is worth writing a clause to that effect in the construction template. It is the general contractor’s responsibility to ensure that any subcontractors are licensed to do the work they are hired to do.