One of the issues that receives much attention from people when the 2024 Land Law officially comes into effect is whether the assets attached to land are recorded in the land use rights certificate (red book) or not?
According to Clause 2, Article 131 of the 2024 Land Law, property attached to land includes houses and construction works. However, property attached to land will be registered at the request of the owner.
Accordingly, assets attached to land are not required to be recorded in the red book.
In addition, because the red book is a legal document to confirm legal property ownership, if the property has not been registered and shown in the red book, people will not have their ownership of that property recorded.
Regarding the content of property attached to land on the red book, Article 10 of Circular 10/2024/TT-BTNMT of the Ministry of Natural Resources and Environment stipulates that for property that is a house but not an apartment, as follows:
For individual houses built according to a project, the red book shows the name of the house according to the approved construction investment project or investment policy decision.
Apartment buildings, mixed-use apartment buildings (apartment buildings) that the investor has not sold yet and needs to issue a red book for the entire building: The red book records the name of the apartment building according to the approved housing construction investment project/investment policy decision.
For construction works other than apartments: The red book shows the name of the construction according to the investment project/detailed construction planning/investment license/construction license.
If there are many different items, show each construction item in turn according to the investment project approval decision/project investment decision/investment license/investment certificate/investment registration certificate.
For properties that are apartments, tourist apartments, office apartments combined with accommodation, offices, commercial and service establishments, etc. (generally called apartments), the red book records the name of the property as determined by the owner or recorded in the sales contract - the name of the project/apartment building.
In addition, the red book also records information about the characteristics of the property. For individual houses: Clearly state the construction area, usable area, number of floors, structure, and construction level.
For apartments owned by the investor/sold to the buyer: Clearly state the floor area and usable area, construction level according to the corresponding content in the signed sales contract or completion drawing, unit m2, round the number to one decimal place.
In addition, the red book also records information about the form of ownership of the property attached to the land (including two types of private ownership or joint ownership, in which private ownership of the property of one owner; joint ownership if the property belongs to two or more owners...); Information about the duration of ownership of the property attached to the land; Information about the property address; Information about ownership restrictions.
