The Post Occupancy Agreement is a crucial document used in Indonesian property transactions when there is a need to formalize arrangements between developers and buyers during the period immediately following property handover. This agreement becomes necessary when there are outstanding works, defect rectification requirements, or specific transitional arrangements needed after the primary sale and purchase agreement has been executed. It ensures compliance with Indonesian property laws while protecting both parties' interests during this sensitive transition period. The document typically includes provisions for defect reporting and rectification, utility arrangements, remaining developer obligations, and occupant responsibilities. This type of agreement is particularly important in the Indonesian context where property development regulations require specific post-handover obligations and consumer protection measures.
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1. Parties: Identification of the Developer/Seller and the Buyer/Occupant, including their complete legal details and addresses
2. Background: Context of the agreement, including reference to the main sale and purchase agreement, completion date, and handover status
3. Definitions: Definitions of key terms used throughout the agreement, including Property, Completion Date, Defects, etc.
4. Property Details: Specific details of the property including address, specifications, and any relevant certificates
5. Occupancy Terms: Terms and conditions of the post-occupancy period, including duration and any fees if applicable
6. Developer's Obligations: Remaining obligations of the developer including completion of outstanding works and defect rectification
7. Occupant's Rights and Obligations: Rights and responsibilities of the occupant during the post-occupancy period
8. Defects and Rectification: Process for reporting and rectifying defects, including timeframes and procedures
9. Utilities and Services: Arrangements for utilities, maintenance services, and related costs
10. Insurance and Liability: Insurance requirements and allocation of liability during the post-occupancy period
11. Termination: Circumstances and procedures for early termination of the agreement
12. Governing Law and Dispute Resolution: Applicable law and procedures for resolving disputes
1. Temporary Facilities: Details of any temporary facilities provided during the post-occupancy period - include if temporary arrangements are needed
2. Security Arrangements: Specific security measures and responsibilities - include for high-value properties or complexes
3. Common Areas: Rules and access rights for common areas - include for apartments or complex developments
4. Renovation Restrictions: Limitations on modifications during post-occupancy - include if renovations might be undertaken
5. Property Management: Building management arrangements - include for properties with management services
1. Schedule 1 - Property Specifications: Detailed description of the property including floor plans and specifications
2. Schedule 2 - Outstanding Works: List of remaining works to be completed by the developer
3. Schedule 3 - Snag List: Inventory of identified defects and issues to be rectified
4. Schedule 4 - Handover Documents: List of certificates, warranties, and documents to be provided
5. Schedule 5 - Service Charges: Breakdown of any applicable service charges or maintenance fees
6. Appendix A - Property Photographs: Documentation of property condition at occupancy commencement
7. Appendix B - Safety Procedures: Safety guidelines and emergency procedures during post-occupancy period
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Construction
Property Development
Residential Property
Commercial Property
Property Management
Legal Services
Facilities Management
Relevant Teams
Legal
Property Development
Construction
Customer Relations
Facilities Management
Quality Assurance
Compliance
Project Management
Operations
Contract Administration
Relevant Roles
Property Developer
Real Estate Manager
Construction Manager
Legal Counsel
Property Manager
Facilities Manager
Building Inspector
Project Director
Customer Relations Manager
Compliance Officer
Contract Administrator
Development Director
Quality Assurance Manager
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