Can a pre-built house without a certificate be transferred?

Therefore, many people wonder whether a pre-built house that has not been granted a certificate can sign a transfer document for a sales contract?

Answering this question at the Dialogue Conference between law drafting agencies, experts, businesses and the press on how to understand and apply the Land Law, Housing Law, and Real Estate Business Law, Ms. Pham Thi Thinh - senior expert, Head of Land Registration Department, Department of Land Registration and Information Data ( Ministry of Natural Resources and Environment ) said that according to the Housing Law 2023, for houses that have not been accepted and put into use as future houses, a house sale transfer contract can be signed. And that is the basis for granting a certificate.

Can a pre-built house without a certificate be transferred? (Illustration: Minh Duc).

" The transitional provisions of the new law also allow houses that have been handed over for use but have not yet been granted a certificate to still have their contracts transferred ," Ms. Thinh emphasized.

According to Mr. Vuong Duy Dung, Deputy Director of the Department of Housing and Real Estate Market Management ( Ministry of Construction ), this issue has also been discussed during the law-making process.

The process of signing a contract and handing over a future house often takes a long time. Therefore, there will be situations where there is a need to transfer that contract to another person to continue implementing it. The Law on Real Estate Business specifically stipulates several cases and types of real estate contracts that can be transferred according to business law.

" For existing houses and construction works, there are no specific regulations in the Law on Real Estate Business, but there are also no prohibitions ," Mr. Dung added.

Mr. Phan Duc Hieu - Standing Member, Economic Committee of the National Assembly added, according to the Land Law, assets on land are not required to be registered, so that asset may or may not have a certificate. " So in this case, I think it can still be transferred normally ," Mr. Hieu stated his opinion.

Associate Professor, Dr. Nguyen Quang Tuyen - Vice Chairman of the School Council, Head of the Faculty of Economic Law, Hanoi Law University also shared that, in principle, real estate trading is the transfer of ownership, use and management rights of real estate.

In civil law, property can only be sold when it has value and belongs to the owner. If it does not belong to you, the sale of property is illegal.

" The Law on Real Estate Business and the Law on Housing do not prohibit transfers, but we must warn customers that in cases where there is no land use right certificate, there will be risks, " Mr. Tuyen warned.

According to the provisions of Clause 18, Article 3 of the Housing Law 2014, available housing is housing that has completed construction investment and put into use.

Chau Anh

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