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Under the provisions of Clause 4, Article 13 of the Law on Real Estate Business, investors of apartment buildings shall have to take responsibility for application for certificates of land use right and housing and land-attached asset ownership to the buyer within 50 days of the handover of the apartment, except the investor and the buyer make another agreement. However, for many reasons, the red book delivery took place more slowly, causing many residents are not satisfied. Watch now: 12 experience to not buy the wrong apartment.
So, what is the reason for late delivery?
Firstly, the investor applies for a certificate but has not finished its financial obligations. Under the provisions of Paragraph 3 of Article 98 of the Land Law, the owner of the house can only receive the Certificate after finishing its financial obligations.
Second, the investor mortgage the property at the bank before applying for a certificate of a buyer and not released. According to the regulations on housing and land, housing owners can only be issued a Certificate upon the provision of the document proving the legal creation of housing and house ownership. However, when the property is mortgaged, the investor has handed over the documents to the bank. Therefore, there are not enough document for applications for certification.
Third, because the investor is slow to complete or cannot be completed due to construction not in accordance with approved design drawings. State agencies will not issue certificates to the apartment which is not completed or not in accordance with design drawings.
Fourthly, construction of encroachment on technical infrastructure works under Article 35 of Decree No. 43/2014 / ND-CP stipulates that these cases are not granted the certificate.
Fifth, the land used for the construction of apartment buildings is converted to illegal land use purpose according to Article 35 of Decree No. 43/2014/ND-CP, which states that these cases are not granted the certificate.
Sixth, the investor has not completed legal procedures but has built and sold houses. According to the construction law, the construction of houses when not fully comply with legal procedures is not legal. Clause 1, Article 6 of Decree 99/2015 / ND-CP stipulates that being only issued certificates for houses which is legally built.
Seventh, due to late submission of applications for certificates.
Among the above reasons, the occurrence of mistakes in construction in comparison with approved construction design drawings is quite common. The construction units do not follow the design drawings and lack the close supervision from the management unit as well as the investor. According to the provisions of Point c, Clause 2, Article 112 of the Construction Law, investors have the obligation to organize the supervision and quality control in construction.
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If violating this obligation leads to the construction of works in contravention of the granted construction permits, the administrative violations may be fined up to VND 1,000,000,000 and may withdraw the right to use construction permits in accordance with Clause 8, Article 13 of Decree No. 121/2013/ND-CP. Depending on the case, the investor shall be granted the construction adjustment permit or shall be forced to dismantle the violating work.
How to sell, transfer apartment without a certificate?
In case of the application for a certificate has not yet been submitted to an authority, the buyer can still sell the apartment through a future transfer of the house purchase contract in accordance to Clause 1, Article 59 of the Law on Real Estate Business.
However, the transfer must be made in writing with the confirmation of the investor. For investors who lack cooperation, to take the confirmation of the investor also encountered certain difficulties.
In case of the application for a certificate has been submitted but not yet granted, the apartment does not meet the conditions for a house purchase transaction as stipulated in Point a, Clause 1, Article 118 of the Housing Law. Therefore, buyers cannot sell apartments in accordance with the law.
In the case of late issuance of the pink book from the investor, the buyer may hold a meeting with the investor to exchange and request for the delivery of the certificate. In case the investor continues to breach his obligations, the buyer may petition the local government for interference or may initiate a lawsuit at a court for protection of rights under the signed contract of sale of the apartment. In case of needing assistance, the buyer can go to the lawyer’s office or the law firm for advice.
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