Can a house with only a building permit be transferred?

Như Hạ |

Below is the answer to the question: Can a house with only a building permit be transferred?

Clause 1, Article 160 of the 2024 Housing Law stipulates that transactions on purchase, sale, lease-purchase, donation, exchange, mortgage, and capital contribution using housing must satisfy the following conditions:

(1) Have a Certificate (pink book, red book), except for the case specified in Clause 2, Article 160 of the 2024 Housing Law.

(2) Not subject to any dispute, complaint, or lawsuit regarding ownership rights; within the housing ownership period in the case of limited-term housing ownership.

(3) Not subject to seizure to enforce a judgment or not subject to seizure to enforce an administrative decision that has come into legal effect of a competent state agency.

(4) Not subject to a land recovery decision or a notice of house clearance or demolition by a competent authority.

Note: Conditions (2) and (3) do not apply to the purchase and lease-purchase of future housing.

In addition, Clause 2 of this Article also stipulates that the following housing transactions do not require housing to have a red book or pink book:

- Buying, selling, leasing, mortgaging future housing; selling housing in case of dissolution or bankruptcy.

- Organize donations to houses of gratitude, houses of love, and houses of great solidarity.

- Purchase, lease-purchase of available housing from investors of housing construction investment projects in the following cases: housing belonging to public property; social housing, housing for the people's armed forces, housing serving resettlement not belonging to public property.

- Rent, lend, let, authorize housing management.

- Inheritance of housing.

Thus, a house with a construction permit means that the house has been built and is not eligible for transfer of ownership (buying, selling, giving away), except in the case of inheritance.

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