2010 Pennsylvania Code
Title 68 - REAL AND PERSONAL PROPERTY
Chapter 54 - Protection of Purchasers
5414 - Declarant's obligation to complete and restore. SUBPART E. USES OF PROPERTY

     § 5414.  Declarant's obligation to complete and restore.
        (a)  Completing improvements.--The declarant shall complete
     all improvements labeled "MUST BE BUILT" on plats or plans
     prepared pursuant to section 5210 (relating to plats and plans).
        (b)  Repair and restoration.--The declarant is subject to
     liability for the prompt repair and restoration, to a condition
     compatible with the remainder of the planned community, of any
     portion of the planned community affected by the exercise of
     rights reserved pursuant to or created by sections 5211
     (relating to conversion and expansion of flexible planned
     communities), 5212 (relating to withdrawal of withdrawable real
     estate), 5217 (relating to declarant offices, models and signs)
     and 5218 (relating to easement to facilitate completion,
     conversion and expansion).
        (c)  Substantial completion prerequisite to conveyance.--A
     unit which is part of or constitutes a structure shall not be
     conveyed to a person other than a successor to any special
     declarant rights unless all structural components and common
     element mechanical systems of the structure containing or
     constituting such unit or units are substantially completed to
     the extent required of the declarant so as to permit the use of
     such unit or units and any limited common elements appurtenant
     thereto for their intended use. Such substantial completion
     shall be evidenced by a recorded certification of completion
     executed by an independent registered surveyor, architect or
     professional engineer with regard to any such structure.
        (d)  Substantial completion of unit.--No interest in a unit
     shall be conveyed to a person other than a successor to any
     special declarant rights until the unit is substantially
     completed in accordance with the descriptions set forth in both
     the declaration under section 5205 (relating to contents of
     declaration; all planned communities) and in the public offering
     statement under section 5402(a) (relating to public offering
     statement; general provisions), as evidenced by a recorded
     certificate of completion executed by an independent registered
     surveyor, architect or professional engineer.
        (e)  Construction of section.--Nothing contained in this
     subpart shall prevent the offering for sale of a unit or
     interest in a unit or the execution of any agreement to sell and
     purchase a unit or any interest in a unit (as opposed to actual
     conveyance) prior to the completion of the unit or any other
     portion of the planned community.

        Cross References.  Section 5414 is referred to in section
     5402 of this title.

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