Adjusting the master plan design, will people be granted "red books"?

Design deviation

According to the introduction of the sales staff (1st floor, MHD Trung Van apartment building), this project is designed to build 2 buildings of 37-39 floors. The 39-storey apartment building, 1 floor has 8 apartments with areas of 2 apartments of 105.5m2; 2 apartments of 106.5m2; 4 corner apartments are divided into areas of 123m2; 136m2; 135m2; 123.8m2 respectively. The project has been completed and is in the stage of handing over houses to customers. The project's selling price is currently offered by the investor at 45-47 million VND/m2, handing over the raw house, depending on the area, the value of the apartment ranges from 4.7 billion - 6.5 billion VND.

Mr. NTT, a broker, said that the project is being handed over and the investor has committed to customers that after 90 days of handing over the house, they will proceed with the application for a certificate (red book - PV) for customers. Customers can be completely assured of the investor's commitments in the contract.

However, according to the investigation of the reporter of the Natural Resources and Environment newspaper at the Hanoi Department of Construction, in the licensing dossier of the MHD Trung Van project, this dossier was examined and stamped by the Ministry of Construction , the entire area of the apartment was completely incorrect.

Specifically, the number of apartments is 276, 1 floor has 8 apartments with the following designed areas: Floors 5-15; 19-37; 39 have 8 apartments with an area of 88.5m2 (4 apartments); 142m2 (2 apartments); 2 apartments of 129.6m2. Floors 16-18 have 7 apartments with an area of 142m2 (2 apartments); 177m2 (1 apartment); 129.6m2 (2 apartments); 88.5m2 (2 apartments); Floor 38 has 7 apartments with an area of 142m2 (2 apartments); 88.5m2 (4 apartments); 129.6m2 (1 apartment).

The approved drawing of the general layout of the MHD Trung Van apartment building project has been approved by the Ministry of Construction and licensed by the Hanoi Department of Construction.

Thus, if compared with the licensing and approval documents of the total area, the entire apartment area of the NHD Trung Van project has been completely adjusted by the investor.

Not only adjusting the area for the apartment building, for the 37-storey condotel building of the MHD Trung Van project, the project investor also adjusted to increase each floor by 2 apartments compared to the approved licensing documents. Specifically, the licensing documents approved 12 apartments but in reality, the investor increased it to 14 apartments/floor.

Number of apartments in MHD Trung Van project in the license of Hanoi Department of Construction.

The representative of the Licensing Department - Hanoi Department of Construction said that, in principle, investors must strictly comply with the construction permit, in accordance with the design that has been appraised by the Department of Construction Management (Ministry of Construction). In case the project has to adjust the design or area, it must be approved by the authorities before construction can be carried out. For projects that adjust the scale and density, the license must be re-applied from the beginning.

Risks for home buyers

It is not uncommon for project investors to violate legal regulations on planning and construction for profit. However, at this time, when many real estate businesses and leaders of many departments have been prosecuted and temporarily detained for violating legal regulations in the field of housing project construction, it is no longer as easy for investors to arbitrarily commit wrongdoings and then request legalization and adjustment as before.

133322392415103695(1).jpg — MHD Trung Van Project (29 To Huu, Trung Van Ward, Nam Tu Liem District, Hanoi)

On January 10, 2024, in the report to the People's Committee of Nam Tu Liem District and the Construction Order Management Team of Nam Tu Liem District, General Director of MHD Hanoi Investment Joint Stock Company Pham Van Quyet informed that the project has fulfilled its financial obligations and completed all construction items in accordance with the approved design documents. The investor has been completing the fire prevention and fighting documents and quality management documents to send to the Fire Prevention and Fighting Department ( Ministry of Public Security ) and the Department of Quality Management (Ministry of Construction) to request acceptance in accordance with regulations.

The reporter of the Natural Resources and Environment newspaper contacted the leaders of MHD Hanoi Investment Joint Stock Company to clarify the content related to the changes in the master plan design. However, the company's leaders said that the company is currently busy with many things and will meet the reporter after Tet.

Planning expert Luu Vinh Thanh shared that for investors who deliberately make mistakes, the project acceptance work, especially the issue of fire prevention and fighting, will be very difficult. If these agencies do not approve the new adjustment plan, the investor will never be able to complete the procedures to issue certificates to home buyers. This is a huge risk for customers. Therefore, to avoid this risk, home buyers need to clearly understand the legal information of the project. At the same time, local management agencies need to strengthen inspection and control right from the time the project goes into construction.

The leader of the Urban Construction Order Management Team of Nam Tu Liem District said that in 2021, this agency inspected the MHD Trung Van project. The inspection content was to see if the project had built beyond the height of the floors or not? At that time, the investor had not divided the apartments on the floors, so nothing had been discovered? After receiving feedback from the press, this unit has just signed a decision to conduct a comprehensive inspection of the MHD Trung Van project. After the inspection team has completed, a specific document will be issued and the information will be made public to the press.

Natural Resources and Environment Newspaper will continue to inform...

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