New regulations on construction, sale and rental of multi-storey houses and apartments

Construction of multi-storey houses with many apartments

Decree stipulates Multi-storey houses and multi-apartment houses are houses with 2 or more floors designed and built for the purpose of sale, lease-purchase, or a combination of sale, lease-purchase, lease, or lease only for each apartment.

Construction of multi-storey multi-apartment houses is carried out as follows:

In case of construction of multi-storey houses, many apartments for rent, for sale or a combination of sale, lease, hire-purchase or with a scale of 20 apartments or more for rent, it is necessary to carry out investment procedures for construction of housing projects according to the provisions of the law on investment, the law on housing, the law on construction and relevant laws;

In the case of building multi-storey houses with many apartments with a scale of less than 20 apartments for rent, the construction of these houses must comply with the regulations on the construction of individual houses, including requirements on design, construction design appraisal, issuance of construction permits, management, construction supervision and requirements on fire prevention and fighting safety according to the provisions of law.

The management and operation of multi-storey and multi-apartment buildings is carried out according to the Regulations on management and use of apartment buildings issued by the Minister of Construction.

Sale, lease, hire purchase, handover of multi-storey houses and apartments

Decree No. 95/2024/ND-CP also clearly regulates the sale, lease, hire-purchase, and handover of multi-storey and multi-apartment houses. According to the regulations:

1- In case of housing construction according to the provisions of Clause 1, Article 57 of the Housing Law or according to Clause 3, Article 57 of the Housing Law, if there are apartments for sale or lease-purchase, the sale or lease-purchase of housing shall be carried out in accordance with the provisions of law on real estate business.

2- In case of building a house according to the provisions of Clause 3, Article 57 of the Housing Law, if there is an apartment for rent only, the house rental shall be carried out in accordance with the provisions of the civil law and the housing law.

The issuance of Certificates for each apartment to buyers and lessees as prescribed in (1) shall be carried out in accordance with the provisions of the law on land.

The handover of apartments for sale, rent, or hire-purchase is carried out according to the following regulations:

For the case specified in (1), the handover of housing shall be carried out in accordance with the provisions of Clause 4, Article 37 of the Housing Law and Article 25 of this Decree.

In the case specified in (2), the handover of housing is carried out in accordance with the signed housing lease contract.

This Decree comes into force from August 1, 2024.