1. Buyers find it difficult to get a Certificate
Currently, there is no specific document regulating mini apartments. If based on the Housing Law 2023, there are two following viewpoints: Determine mini apartments as individual houses and determine mini apartments as a type of apartment.
- In case of determining a mini apartment as a type of apartment:
According to regulations, to build an apartment building, a construction permit must be obtained and regulations on area as well as detailed planning and urban planning must be ensured. However, in reality, the location for building mini apartments is often in small alleys and interspersed with residential areas.
Therefore, these mini apartments often do not meet planning standards, construction standards and issues related to legal documents such as construction permits, etc., so it will be difficult to issue a Certificate.
- In case of determining mini apartments as individual houses:
According to Clause 3, Article 42 of Decree 95/2024/ND-CP, the issuance of Certificates for each apartment to buyers and renters of multi-storey houses with multiple apartments is carried out in accordance with the provisions of the law on land.
However, in reality, very few mini apartments are eligible for individual books because these mini apartments are often built in cramped locations, not ensuring construction area, floor area or construction techniques, fire prevention and fighting... Moreover, many mini apartments are built in excess of the permitted number of floors.
Therefore, whether identified as apartments or individual houses, mini apartments in reality often do not ensure construction conditions according to regulations. Therefore, it is very difficult to issue separate books for each apartment.
At that time, home buyers will have difficulty recognizing their ownership even though they have paid.
2. Difficulty in buying, selling, transferring, giving
A certificate of land use rights and house ownership rights is one of the indispensable important documents when conducting transactions related to land and housing.
Meanwhile, normally, a mini apartment building only has one land use right certificate and is granted to the owner of that plot of land. Therefore, if the home buyer is not recognized for ownership of an individual apartment and is not granted a pink book, he/she will not be allowed to buy, sell, transfer or donate the apartment. The apartment sale contract will be considered invalid.
3. Potential fire risk
Mini apartment buildings are often built interspersed in residential areas with small areas, so the requirements for fire prevention and fighting are often not guaranteed.
Currently, according to Article 7 of Decree 136/2020/ND-CP, individual houses with 2 floors or more must ensure the following fire prevention and fighting conditions:
- Fire prevention and fighting safety must be ensured when arranging electrical systems, kitchens, and worship areas.
- To keep flammable and explosive substances away from fire and heat sources.
- Prepare all conditions and means to be ready to put out the fire such as fire extinguishers...
- Household owners organize and maintain the above tasks throughout the operation process to always be ready for fire prevention and fighting if necessary...
