Notification of future housing for sale

Lawyer Nguyen Thi Hoai Anh, YouMe Law Firm LLC replied:

Clause 2, Article 8 of Decree No. 96/2024/ND-CP detailing a number of articles of the Law on Real Estate Business stipulates the procedures for notifying future housing eligible for sale or hire-purchase as follows:

2. The dossier includes copies and presentation of the original for comparison or legally valid electronic copies or certified copies of the following documents:

a) Documents as prescribed in Clause 2 and Point a, Point b Clause 3 Article 24 of the Law on Real Estate Business;

b) Minutes of acceptance of the completion of construction of technical infrastructure of the corresponding project according to the project progress approved in accordance with the provisions of law on construction.

In case of apartment buildings or mixed-use buildings with housing, there must be a record of acceptance of the completion of foundation construction according to the provisions of the law on construction.

Clause 2 and Point a, Point b, Clause 3, Article 24 of the 2023 Law on Real Estate Business stipulates the conditions for future housing and construction works to be put into business as follows:

2. Have one of the following land use rights documents:

a) Land allocation decision;

b) Decision on land lease and contract on land use right lease according to regulations of land law;

c) Decision to allow change of land use purpose;

d) Land use rights certificate;

d) Certificate of house ownership and land use rights;

e) Certificate of land use rights, house ownership rights and other assets attached to land;

g) Other certificates of land use rights and ownership of assets attached to land according to the provisions of the law on land.

3. There are the following types of documents:

a) Construction permit for houses, construction works and application for construction permit in cases where construction permit is required according to regulations of law on construction;

b) Notice of commencement of construction of houses, construction works and design documents for construction of houses, construction works in cases where a construction permit is not required according to the provisions of law on construction;

Thus, to notify that future housing is eligible for sale or lease-purchase, the investor needs to prepare documents according to the regulations cited above.