New regulations on construction, sale and lease of multi-storey and multi-apartment houses

Construction of multi-storey multi-apartment houses

Decree stipulates Multi-storey, 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 for lease only for each apartment.

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

In case of building multi-storey houses, many apartments for rent, for sale or a combination of sale, lease, lease-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 related 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, construction permit issuance, construction management and 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, lease-purchase, handover of multi-storey houses and apartments

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

1- In case of building houses according to the provisions of Clause 1, Article 57 of the Housing Law or according to Clause 3, Article 57 of the Housing Law, with apartments for sale or lease-purchase, the sale or lease-purchase of houses shall be carried out in accordance with the provisions of the 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 rental of the house 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 shall be carried out in accordance with the signed housing lease contract.

This Decree comes into force from August 1, 2024.