Nghe An: Many apartments and houses in urban areas are slow to be 'issued with certificates'

Slow issuance of "red books" for land and housing

Of the 92 real estate projects that have been and are being implemented, 49 projects have apartment buildings that have been invested in, constructed and put into use (corresponding to 98 apartments); 26 projects have not been or are under construction (corresponding to 31 apartments).
According to the assessment, the investors have basically complied with all procedures to implement the project, fulfilled tax obligations to the state, invested in construction and put the project into use, contributing to meeting the housing needs in the city; contributing significantly to creating an increasingly modern and civilized urban appearance.

Up to now, the City People's Committee has received dossiers of 32 apartment building projects of 49 urban project owners to grant Land Use Rights Certificates (LURCs) to transferees of apartments in the apartment buildings.

However, among the 80 built apartments of 49 projects, there are 17 projects where the investors have not yet or are carrying out procedures to be assessed for transfer conditions, therefore, the investors have not yet submitted documents to the City People's Committee to issue land use right certificates to the apartment transferees (accounting for 34.6%).

Ms. Nguyen Thi QA, like many other families, bought an apartment in Truong Thi Ward (Vinh City) 2 years ago but still has not received the certificate. The reason is that the investor has not completed the procedures for the city.

The management of housing construction is still facing many difficulties. Construction of wrong basic designs in housing projects continues to occur and is causing difficulties in the process of granting land use right certificates and housing ownership certificates to transferees in urban areas. Many investors have not yet built houses or have transferred them to individual households but have not yet built houses.

Construction of the wrong basic design has caused many lots to not be granted land use right certificates attached to the property. Photo: TH

Regarding the difficulties in the process of granting land use right certificates to transferees, Mr. Nguyen Quoc Thang - Head of Urban Management Department, Vinh City People's Committee said: There are a large number of land lots in housing projects that have not yet built houses or have been built incorrectly compared to the approved design, causing difficulties and pressure on the competent authorities in the process of managing and granting land use right certificates and house ownership rights to transferees. Housing development projects, but in many cases, houses are not built but continue to transfer land use rights many times, causing difficulties in management, creating a virtual market, affecting the goal of developing synchronous and modern urban areas.

What is the solution?

To speed up the progress of granting certificates of land use rights, for housing development projects where the investor is required to build houses for sale, Vinh City People's Committee proposes: In case the land plots have built houses that are not in accordance with the basic design: The City People's Committee proposes to allow the granting of certificates of land use rights, house ownership rights and other assets attached to the land without having to carry out procedures to adjust the basic design, if: The road is less than 18m wide: The current status of the house is consistent in architectural form with the basic design, does not violate the construction boundary, the construction density difference is not more than 5%, the height difference is ±3.5m, not more than 01 floor and does not violate the height restriction conditions, does not affect the general landscape of the area.

Roads over 18m wide: Allows issuance of land use right certificates, house ownership certificates and transfer if the built house has a similar architecture to the approved architectural plan, the number of floors is in accordance with the planning, the total height difference is ±1.2m; the construction density difference is ±5%, does not violate construction boundaries, and does not affect landscape architecture.

Many planned land lots in real estate projects in Vinh city have not been built on houses. Photo: TH

Regarding the subject of housing construction: For projects built before May 31, 2018: The City People's Committee proposes to allow the issuance of Land Use Rights Certificates and Housing Ownership Certificates when there are Land Transfer Minutes, documents confirming that construction is in accordance with the basic design, Construction Tax Receipts (already available) or transfer to the construction tax collection agency (if not yet available) without having to have a House Handover Minutes from the investor to the people (accepting the fact that people have built houses).
For land plots where houses have not been built: The City People's Committee proposes not to grant land use right certificates and house ownership certificates to households and not to allow transfer to the next person if the house has not been built according to the approved design.
For projects transferring rights (or transferring land use rights) to people to build their own houses in the form of dividing plots and selling them, if the transferee of land use rights (who has not yet built a house) is allowed to transfer to the next person if the house construction progress is still within the time limit, further transfer is not allowed if the progress limit specified in the investment license and other documents of the project is about to expire (3 months before the expiration date); If the progress limit expires but the house is not built, the land will be considered for land revocation.

In case the investor completes the construction of technical infrastructure and transfers it to a household, the project is considered completed and becomes a project of constructing technical infrastructure and dividing residential land. The household is granted a land use right certificate and can transfer it without having to build a house.

In the coming time, we will continue to coordinate with relevant units to work with each investor in the area to urge and guide the preparation of documents for granting certificates to transferees. At the same time, we will strengthen the volunteer work of the Youth Volunteer Team of the City People's Committee in declaring and guiding citizens in preparing documents for granting certificates. The Provincial People's Committee and relevant departments need to establish a team to inspect the compliance with the law on land and construction in urban areas. In case the Investor is slow in completing the procedures for granting certificates to people, penalties will be imposed according to the provisions of Decree No. 102/2014/ND-CP dated November 10, 2014 of the Government.

Mr. Nguyen Quoc Thang - Head of Urban Management Department, Vinh City People's Committee