Can You Refuse To Receive An Apartment That Is Not Eligible?

If you choose to buy a project, if you are lucky enough to have a prestigious investor and receive a good deal as you expect, you are one of those lucky buyers.

However, many other buyers receive the handover apartment not in accordance with the commitment of the initial owner. So what do you do, and Real estate Vietnam law protect buyers?

Most buyers will choose to pass if the differences are not overly affected, or are passively accepted due to multiple investor complaints but are not resolved. Others will choose to urge residents to lodge complaints with investors and to pressure the masses.

However, before proceeding with any action, you should be aware of the legal provisions on this issue.

Can refuse apartment if it is not eligible?

Under Clause 3, Article 13 of the Law on Real Estate Business in 2014, the project owner is only allowed to hand over the house or building (in this case, the apartment) to the customer. The following conditions: The construction and technical and social infrastructure works have been completed according to the schedule stated in the approved project; to ensure connectivity with the common infrastructure of the area; For cases of a handover of houses or crude construction works, the exterior surfaces of such houses or construction works must be completely refurbished.

Customers have the right to refuse to accept if the apartment handed over does not meet the conditions as prescribed by law

Also in Clause 2, Article 4 of Decree No. 46/2015 / ND-CP dated May 12, 2015 stipulates that only items of works or construction works may be put into operation after The pre-acceptance test shall meet the requirements of the construction design. At the same time, the applicable standards, the technical regulations for the works as well as the requirements of the construction contract and the provisions of the relevant laws must be met.

So, what is the list of completed housing construction projects?

According to the provisions in the Appendix to the Construction Ministry’s Circular No. 05/2015 / TT-BXD of October 30, 2015 on the management of quality of construction and maintenance of separate houses, the list of completed dossiers Works of housing construction include:

1) Construction permit.

2) Construction contract of the owner signed with the contractor survey, design, construction, construction supervision (if any).

3) Report on construction survey results.

4) Construction drawing design dossiers.

5) Report on examination results and documents on results of the appraisal of construction drawing designs.

6) Construction completion drawings (in case the construction is different from the construction drawing design).

7) Report on test results, testing (if any).

8) Written agreement, approval and certification by competent State organizations and agencies (if any) on fire prevention and fighting safety; safe operation elevator.

Basing themselves on the above-said provisions, for acceptance and hand-over of apartments and apartments, the apartments must meet the requirements and must contain the above-mentioned dossiers, including dossiers on fire prevention and fighting safety; safe operation elevator. In addition, the apartment must meet other conditions (if any) under the contract, the agreement between the two parties.

Conclusion

If the apartment does not meet the requirements of the contract and the agreement in the contract, customers purchasing apartments are entitled to refuse to receive.

In cases where the conditions for handover and safety are not met and investors still fail to remedy and request the buyers to accept the hand-over, the purchaser shall have the right to report the case to the local administration or management agency. State building (People’s Committee, Department of Construction).

In the event of a dispute, the customer may initiate a lawsuit in a competent court for settlement.

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