1. Can an apartment without a pink book be borrowed from a bank?
According to Clause 2, Article 160 of the 2023 Housing Law, the following housing transactions do not require a Certificate:
- Buying, selling, renting, mortgaging future housing; selling housing in case of dissolution or bankruptcy.
- 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.
- Documents proving the conditions for housing to participate in transactions specified in this clause shall comply with Government regulations.
Thus, according to the above regulations, an apartment without a pink book can still be mortgaged if it is an apartment formed in the future.
2. Bank mortgage loan application for apartments without pink book
According to Article 184 of the 2023 Housing Law, in case of future housing mortgages, the following documents must be provided:
- In case the investor mortgages part or all of the housing construction investment project, there must be:
+ Project documents.
+ The technical design of the project is approved.
+ Having a Certificate or decision on land allocation or land lease from a competent state agency.
- In case the investor mortgage housing formed in the future construction in the project, in addition to the above papers, the mortgage housing must be completed the foundation and not in the project or the entire project that the investor has mortgaged, unless the case has been accepted.
- In case an organization or individual mortgages a house formed in the future on their legal residential land plot, they must have documents certifying the legal residential land use rights according to the provisions of the law on land and a Construction Permit if they are subject to a Construction Permit.
- In case the person mortgages a house formed in the future due to purchase by an investor in a house construction investment project, he/she must have:
+ Housing sale and purchase contract signed with the investor.
+ Document on transfer of housing sale and purchase contract if the transferee of housing sale and purchase contract is according to regulations.
+ Documents proving that the house purchase has been paid to the investor according to the agreed progress in the sale and purchase contract.
+ Not subject to disputes, complaints, or lawsuits regarding the house sale contract or the house sale contract transfer document.
