Rather than doing the right thing as a design, building permit, many developers of condominium projects have voluntarily transformed the power of the building, turning the commercial and technical floors into apartments for sale. Consequences for the unfortunate customers to buy these types of apartments are not granted red books.
Loss of money to buy trouble
The story of the illegal home purchase of many real estate investment is not uncommon. Annual reports on the progress of granting land use right certificates and housing ownership certificates by the Ministry of Natural Resources and Environment and the Ministry of Construction all highlighted the delayed issuance of red books in major apartment buildings which investors do not comply with the Land Law and the provisions of the law on housing, construction.
A lawyer who has advised on a number of housing projects said that there are very few projects that are fully implemented in the “order and procedures” of the law, it is natural to delay granting certificates to apartment owners.
The most common violations are the situation where the investor builds the incorrect number of floors and number of flats in accordance with the approved design, most of which exceeds the number of floors, apartments, even arbitrarily dividing and converting functional commercial floors, technical floors to sell an underground project.
For example, the case of Capital Garden Suite 102 Truong Chinh was invested by Kinh Do Hotel Joint Stock Company (TCI Capital Group). According to the approved construction design, the project consists of 21 stories (+1 tree floor, + 2 technical floors).
However, in fact, the owner has changed the design, conversion of 4-storey (3 floors, 2 technical floors and a floor of trees) to the apartment, bringing the total number of apartments from 288 to nearly 400 units. After more than 7 months of receiving the house, not only the residents of the apartment but also the residents of the apartment are not waiting to wait for investors to complete the procedures for issuing red books.
Talking to a reporter, a buyer of the apartment at the project complained, “It took billions of billions of silver to buy an apartment at the project, but the result was anger at knowing the owner was illegally built. But, in the end, the sale is not. It is clear that money to buy trouble.
There is a similar situation with the residents of Capital Garden who are residents of the CapitalLand Hoang Thanh Apartment Complex (Mo Lao, Ha Dong) invested by Capital Investment Limited Company Hoang Thanh Capital. According to an inspection by the Hanoi Department of Construction two years ago, the project has grown from 32 floors to 40 and 41 floors, bringing the total number of apartments from 960 to 1,300 apartments.
Together with the investor, Mulberry Lane project (Mo Lao, Ha Dong) has transformed technical floors into apartments, increasing the number of apartments from 992 to 1,478 apartments, increasing the number of floors, building density, This increases the floor area, business area and sales of the project without completing the formalities.
One of the most recent projects is the name of the apartment for sale in the project Golden West Le Van Thiem Street (Thanh Xuan District). According to the design, the floor of the apartment has been approved, the apartment floor of the building will be composed of open spaces between the units. According to customers, the original design of the open plan units could be altered to be flat or used for commercial purposes.
Legally, since 2013 (signing sales contracts and paying the agreed amount), these clients have become co-owners (along with the investor) with the court home project. This means that any change or alteration to a building design after 2013 must be approved by a new, legitimate customer. However, according to the response of many residents living in the building, the owner only promise and continue to build, and ask for more permits.
Never received a red book
Before the fact there are too many illegitimate apartments from this form of extension, two years ago, Nguyen Huu Nghia (then deputy director of the Department of Natural Resources and Environment Hanoi) confirmed, according to the policy of TP. Hanoi, the illegal convertible property can still be considered granted red book to ensure the highest interest for people who have bought a house and live in a stable. This content has been disseminated to the land registration office, people and investors for a formal declaration, the authorities will review and issue the paper after qualified and finished processing.
A representative of the Hanoi Department of Natural Resources and Environment added that the issuance of convertible flats for functional units was only a matter of handling the situation in the period before the investors were not serious about real estate give. Projects from 2013 onwards will be resolutely dealt with severely as proposed not to implement a new project, even transfer the investigating police agency to prosecute if there is a serious violation.
However, the reality so far, after two years, the issuance of converters for functional capacity is still not possible due to problems
According to lawyer Tran Duc Phuong, Ho Chi Minh City Bar Association, the issuance of red book for the apartment was transferred to the wrong function wrong husband, because will create psychological law, only exacerbate these violations. However, for homebuyers, they are just victims. If the discussion in accordance with the law on planning approval, construction license and construction management, it is clear that the authorities have relaxed management, while the state created the process buying and selling houses in the project by legal documents but not protecting the home buyer.
“In the housing projects of the wrong owner-investors, state agencies still have to consider granting to the home buyer and the wrongful handling of the investor. But dealing with offending investors is usually the case. In the long run and for state management, in my opinion, besides severely punished under new offenses (confiscation of property under Article 244 of the Civil Code, strictly punish all owners investment, design, supervision, construction work, etc … and even management staff in the area), the management agency will also consider additional sanctions such as not approving the project or not permitting participating in bidding for projects in the area …, stipulated in the legal documents related to the project, construction and use of land, “said Phuong.
Tran Chung, head of Quality, Vietnam Association of Construction, analysis, the transformation of the floor, service or trade floors to sell will affect adversely to the building and people living inside.
“Design has been approved, the time has changed, more floors are added, changed in functionality will inevitably affect the building. Even, cause dangerous, the structure of the building, “said Mr. said.
In addition, penalties are too small for the profit, so many owners accept fines to survive to maximize profits. Even though, according to the draft Decree, 121/2013 / ND-CP on dealing with administrative violations in the field of construction and real estate business, housing development, the drafting agency has two options. Regarding the payment of fines for unauthorized construction works (wrong building permit, repair permit, wrong design, no license) has been completed to allow for existence.
According to lawyer Phuong, this should not be but should remain the same as the current regulations in Clause 9, Article 13 of Decree 121/2013. Accordingly, the owner of the violation will be forced to pay 40% of the value of the wrong construction with individual construction’ violation, violation works shall pay 50% of the value of illegal construction. Or they could be repaired into unauthorized works (with economic-technical reports or investment projects) and 50% of the value of illegally constructed buildings.
You are reading the article “Difficult Asked For Red Book In The New Apartment” in the section “Real Estate Report” on the website: https://realestatevietnam.com.vn/.
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