What conditions must a house meet to be bought or sold?

Lawyer Nguyen Thi Hoai Anh, YouMe Law Company Limited replied:

Article 160 of the Housing Law 2023 (effective from August 1, 2024) stipulates the conditions of housing participating in transactions as follows:

1. For transactions on buying and selling, renting, donating, exchanging, mortgaging, or contributing capital with housing, the housing must meet the following conditions:

a) Have a Certificate as prescribed by law, except for the case specified in Clause 2 of this Article;

b) Not in cases where there are disputes, complaints or lawsuits regarding ownership rights according to the provisions of law on dispute resolution, complaints and denunciations;

c) Currently owning a house for a limited period of time in case of house ownership;

d) Not being distrained to execute a judgment or to comply with an effective administrative decision of a competent state agency or not subject to temporary emergency measures or preventive measures. Blocked by decision of the Court or competent state agency;

d) Not in cases where there has been a decision to recover land or a notice of house clearance or demolition by a competent authority;

e) The conditions specified in Points b and c of this Clause do not apply to cases of buying, selling or renting houses to be formed in the future.

2. For the following housing transactions, housing is not required to have a Certificate:

a) Buying, selling, renting and mortgaging future housing; Selling housing in case of dissolution or bankruptcy;

b) Organize donations to houses of gratitude, houses of compassion, and houses of great solidarity;

c) Buying, selling or renting available housing from investors of housing construction investment projects in the following cases: housing belongs to public property; Social housing, housing for the people's armed forces, housing for resettlement are not public property;

d) Rent, lend, stay, and authorize housing management;

d) Receive an inheritance of a house.

Documents proving housing conditions participating in transactions specified in this Clause shall comply with Government regulations.

3. In case of rental housing, in addition to the conditions specified in Points c, d and dd, Clause 1 of this Article, the housing must also ensure quality and safety for the lessee, and have a full electrical system. , water supply, drainage, environmental sanitation, unless otherwise agreed by the parties.

Thus, housing needs to meet the conditions prescribed above to be bought and sold.