Can a house with only a construction permit be transferred

    Như Hạ (T/H) |

    Whether a house with only a construction permit can be bought and sold or transferred is a matter of concern to many people.

    Pursuant to Article 1, 160 of the 2023 Housing Law, which stipulates transactions on buying, selling, leasing, donating, exchanging, mortgaging, and contributing capital with housing, housing must meet the following conditions:

    (1) Having a Certificate (Pink Book, Red Book), except for the case specified in Clause 2, Article 160 of the 2023 Housing Law.

    (2) Not subject to disputes, complaints, or lawsuits regarding ownership rights; within the housing ownership period in cases of limited housing ownership.

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

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

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

    In addition, Clause 2, Article 160 of the 2023 Housing Law also stipulates that for housing transactions as follows, housing does not require a Red Book or pink Book:

    - Buying, selling, renting, 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

    - Buying and selling, renting available housing from investors in 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;

    - Renting, lending, letting, authorizing housing management;

    - Receive inheritance of a house.

    Thus, only a construction permit cannot be transferred or transferred. According to the Housing Law 2023, for transactions such as buying and selling, donating, mortgaging or contributing capital in housing, it is mandatory to have an ownership certificate (Pink Book or Red Book), except for some special cases such as future housing or housing in investment projects as prescribed by law.

    Như Hạ (T/H)
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