Housing

In what cases can a house without a red book be traded?

TB (General) August 3, 2024 06:36

From August 1, houses without red books can be bought, sold, or mortgaged if they meet transaction conditions such as having a construction permit or business registration certificate.

Decree 95 detailing a number of articles of the 2023 Housing Law provides 8 cases where housing can be traded without a certificate of ownership (red book, pink book).

The firstIn case of buying, selling or renting a house in a real estate project, the investor needs to have documents proving that the house is eligible for business.

Similarly, with resettlement housing being built in the future, investors must have documents proving the conditions for doing business. They need a certificate of acceptance for use if they want to sell this type of house that is available.

In case of buying, selling, or leasing social housing or housing for the people's armed forces, the investor must have documents proving eligibility for the transaction.

Monday,For future housing (buying and selling houses on paper) that are not part of a project, investors who want to buy, sell or rent must have a land use rights certificate and a construction permit. If they are not subject to a construction permit, they must have documents proving their investment in building that house.

Tuesday,Transactions of buying, selling, or renting public housing must have documents identifying the housing as eligible for rent or sale according to regulations.

WednesdayIn case of charity houses, the organization must have documents proving the construction of houses for donation.

Thursday,Project investors must have documents proving eligibility when mortgaging houses on paper. Housing products must have completed the foundation, not part or all of a mortgaged project.

Friday,In cases of renting, borrowing, staying at, or authorizing the management of housing (except for renting public housing), the lessor or borrower must have a purchase or lease contract signed with the project investor. If transferring the purchase and sale contract, they must have an additional transfer document. In cases of building their own housing, people must have a construction permit or proof of ownership of the housing.

Saturday,If the house is inherited as a gift, the donor must have documents proving ownership of the house. In case of inheritance of a house that is purchased or leased, the seller must have a sales or lease contract with documents proving ownership or investment in construction.

If the inheritance is a new construction investment, the inheritor must have a construction permit and a certificate of land use rights. In case of inheritance by court decision, the recipient must have a court judgment or decision.

Final,A dissolved company that wants to sell a house must have a decision or notice of this. In case of bankruptcy, they must have a court decision.

Compared to the 2014 Housing Law and Decree 99, the new regulation provides more details on the purchase and sale, and lease-purchase of houses on paper. The new regulation also tightens mortgage transactions of future housing projects of project investors, limiting the situation where businesses have mortgaged projects but still sign purchase and sale contracts, and contribute capital with people to raise capital.

TB (General)
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In what cases can a house without a red book be traded?