Regulations on apartment handover

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

Clause 2, Clause 3 and Clause 4, Article 25 of Decree No. 95/2024/ND-CP detailing a number of articles of the Housing Law stipulates on housing handover as follows:

2. The handover of apartments to buyers and lessees shall only be carried out after the completion of the acceptance of the apartment building and the acceptance of the technical infrastructure works of the residential area according to the progress if the project has been approved according to the provisions of the law on construction. In case the project investor must construct social infrastructure works to serve the housing needs according to the content of the project investment policy approval, the construction and acceptance of the works must be completed according to the content and progress of the approved project before handing over the apartment.

3. Before handing over the apartment to the buyer or lessee, the investor must prepare a set of documents according to the following regulations:

a) Minutes of acceptance of completion of apartment building projects and acceptance of social infrastructure and technical infrastructure projects according to project progress in accordance with construction law provisions;

b) Document approving the results of fire prevention and fighting acceptance for apartment buildings according to the provisions of law on fire prevention and fighting;

c) Notice of acceptance of the results of the construction professional agency for apartment buildings according to the provisions of the law on construction;

d) The parking area plan is prepared by the investor based on the project documents and construction design approved by the competent authority, clearly defining the parking area for owners and users of the apartment building (including common parking spaces and car parking spaces) and the public parking area.

4. The investor is responsible for publicly disclosing the documents specified in Clause 3 of this Article to the apartment buyer or lessee before handing over the house. The handover of the house must be recorded in a record accompanied by legal documents related to the house for sale or lease.

Thus, the handover of apartments is carried out according to the above regulations.