RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of October 3, 2025 No. 26

About court practice on the civil, economic cases connected with consideration of disputes in the field of equity in construction of the apartment apartment house

Studying of court practice on the civil, economic cases connected with shared-equity construction of apartment housing showed that by consideration of disputes of the called category there are questions of rather legal nature of agreements of equity in construction of the multi-storey apartment houses signed between shareholders and builders, and also termination of the specified agreements at different stages of construction of the apartment apartment house.

For the purpose of the correct and uniform application of the legislation by courts by consideration of the disputes following from agreements on equity in construction of the apartment house, the Plenum of the Supreme Court of the Kyrgyz Republic, being guided by part 3 of article 98 of the Constitution of the Kyrgyz Republic, article 18 of the constitutional Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Explain to courts that under the agreement of equity in construction of the apartment apartment house one party the customer (builder) shall in time, provided by the agreement of equity in construction, by own efforts with attraction of financial resources of other party (shareholder) to construct (to create) the apartment house and/or other real estate object and after receipt of permission to commissioning of these objects to transfer the corresponding object of shared-equity construction to the participant of shared-equity construction (shareholder) who shall pay the price caused by the agreement of shared-equity construction and accept object of shared-equity construction in property.

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