What rights do residents have if the apartment building is demolished?

When will the apartment building be demolished?

Decree No. 69/2021/ND-CP stipulates that an apartment building is an independent building (block) with one or several units determined according to the provisions of the 2014 Housing Law and built on a planned land plot. Accordingly, an apartment building is a building with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, common ownership and a system of infrastructure works used in common by households, individuals and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes for residential and business purposes.

Many apartment buildings in big cities are facing demolition. (Illustration photo)

In some specific cases, apartment buildings will be demolished to ensure safety, rights and interests of apartment owners. These are the following cases:

- Apartment buildings that must be demolished for renovation or reconstruction in the event that the apartment building is severely damaged, at risk of collapse, and no longer ensures safety for users:

+ Apartment buildings must be urgently demolished due to incidents, natural disasters, fires and explosions according to the provisions of law.

+ The apartment building has main load-bearing structures that are in a state of overall danger, at risk of collapse, not meeting the conditions for continued use, requiring urgent evacuation of owners and users of the apartment building.

+ The apartment building is severely damaged, there is a local danger to the main load-bearing structure of the building and there is one of the following factors: technical infrastructure system for fire prevention and fighting; water supply, drainage, wastewater treatment; power supply, internal traffic does not meet the requirements of current technical standards and regulations or there is a risk of unsafe operation, exploitation and use, it must be demolished to ensure safety for users and requirements for urban renovation and beautification.

- Damaged apartment buildings that are not yet subject to demolition but are located in areas that must be renovated and constructed in sync with residential areas subject to demolition according to the above regulations according to approved construction planning.

- Apartment buildings that do not fall into the two cases mentioned above but are demolished by all owners to rebuild a new apartment building through the Apartment Building Conference.

Owner's rights when apartment building is demolished

Apartment owners are owners of apartments and other areas in the apartment building. Apartment owners are organizations and individuals who have been granted or are eligible to be granted certificates of house ownership, land use rights and other assets attached to land over time (Certificates), except for owners of state-owned housing areas.

According to the provisions of Article 19 of Decree 69/2021/ND-CP, apartment building owners have the following rights when the apartment building is subject to demolition for renovation and reconstruction:

- Participate in selecting real estate businesses to renovate and rebuild apartment buildings according to regulations.

- Be resettled, have temporary accommodation, choose compensation form according to regulations; request the investor to pay compensation difference if any

- Being granted a Certificate by a competent authority in accordance with the provisions of the law on housing and the law on land for houses and works that have been compensated and resettled.

- Participate in supervising the project implementation process according to the provisions of law.

- Be allowed to buy temporary housing in case this housing is eligible for sale if the owner does not have the need to buy or rent-purchase resettlement housing.

- The contract for purchase and sale of resettlement housing and temporary housing (if this housing is purchased) may be transferred; the procedures for transferring the contract for purchase and sale are the same as for transferring the contract for purchase and sale of commercial housing in accordance with the provisions of the law on housing and the law on real estate business; the final transferee of the contract for purchase and sale of resettlement housing is granted a Certificate in accordance with the provisions of the law on land and the law on housing.

- Be compensated for damages in case of damages occurring according to the content of the signed contract and according to the provisions of law.

- Enjoy other rights as prescribed by law.

(Illustration)

Responsibilities of apartment owners

In addition to enjoying the above benefits, in case the apartment building is demolished, the apartment owner must also fulfill the following responsibilities:

- Implement the approved compensation plan; comply with the relocation to carry out the clearance and demolition of houses and construction works within the project scope according to the approved demolition plan and solutions.

- Comply with and create conditions for organizations, units and competent agencies to conduct inspection and assessment of the quality of apartment buildings according to the provisions of the law on construction and the provisions of this Decree.

- Create conditions for project investors and construction contractors to implement projects according to the content approved by competent authorities.

- Participate in collecting opinions to select project investors according to the provisions of Article 14 of this Decree; comply with the contents of the signed contracts for purchase, lease, hire-purchase of resettlement housing; pay maintenance fees for the common property of the apartment building when purchasing, hire-purchasing resettlement housing according to the provisions of the housing law.

- Comply with relevant decisions of competent state agencies

- Perform other obligations and responsibilities as prescribed by law.

Temporary accommodation for apartment owners

In case the owner arranges his/her own accommodation, the investor is responsible for paying the housing rental costs and other costs, if any, during the project implementation period according to the approved compensation plan.

In case the owner cannot arrange accommodation by himself, the People's Committee of the province where the project is located is responsible for presiding over and coordinating with the investor to arrange temporary accommodation for the owners in the following forms: purchasing commercial housing or using the resettlement housing fund or investing in the construction of a housing fund using capital from the budget or from the Development Investment Fund, the local Housing Development Fund, if any, to arrange temporary accommodation.

The arrangement of temporary accommodation must ensure convenience for the living of owners and users; in case of investment in building a housing fund to arrange temporary accommodation, it must ensure the requirements on quality, standards and regulations for housing construction; in case the temporarily arranged housing is eligible for sale, the owner currently living in the temporary housing who wants to buy it will sell this housing to the owners instead of resettlement; the selling price of this housing and the payment of the difference, if any, are determined as for the case of compensation, support and resettlement in the compensation plan.

The arrangement of temporary accommodation for owners and users of apartment buildings during the implementation of apartment building renovation and reconstruction projects must be clearly defined in the compensation plan.

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Source: https://vtc.vn/cu-dan-duoc-quyen-loi-gi-neu-chung-cu-bi-giai-toa-ar800795.html