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Buying and selling real estate in planning areas with red books?

Báo Thanh niênBáo Thanh niên02/06/2023


"I am planning to buy a house on the ground floor. After doing some research, I found out that this area is under planning. Therefore, I am a bit worried about whether I should buy it or not, because with the little money I have saved, it will be difficult for me to buy elsewhere.

So I want to ask if I can get a red book when buying a house in the planning area?

That is the question of reader Ha Dong sent to Thanh Nien Newspaper.

Những trường hợp nào mua bán nhà đất bị quy hoạch được cấp sổ đỏ? - Ảnh 1.

Buying or selling real estate after a notice or decision to reclaim land will not be granted a red book.

Consultant

Representative of Notary Office Nguyen Thi Diem Phuong advised that for real estate planned for projects, the solution is as follows:

Pursuant to Clause 7 and 8, Article 49 of the Land Law, houses and land located in the planning area will have some rights restricted. However, the right to transfer houses and land located in the planning area is not restricted even if there is an annual land use plan at the district level.

According to Clause 6, Article 19 and Clause 8, Article 49 of the Land Law, land users will not be granted land use right certificates if there has been a notice or decision to reclaim land by a competent state agency. The time limit for issuing a notice or decision to reclaim land is within 3 years from the date the annual land use plan of the district level has been announced.

Thus, you can still buy houses and land within the planning, but the following 2 cases will occur:

First, if you buy or sell before there is a notice or decision to reclaim the land, you will be granted a certificate.

Second, if you buy or sell after there is a notice or decision to reclaim land, you will not be granted a certificate.



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