Worried about losing the house and the reason of the Ministry of Construction

Recently, in the outline of the Housing Law (amended), the Ministry of Construction has proposed to stipulate the term of apartment use with a term of 50 or 70 years instead of long-term ownership and use as before. Right from the time of publication, the proposal has attracted strong interest from the people and the real estate market.

In addition to the opinions agreeing with the proposal of the Ministry of Construction, there are also concerns because it is not clear how this time limit will affect the rights of the owner in the future. Specifically, the issue of inheritance, leaving property for descendants or when the ownership expires, people’s accommodation will be resolved. Will the price of the apartment decrease if you own it for a limited time?…

According to the Ministry of Construction, people are still able to exercise the rights of property owners such as buying, selling, giving, and inheriting during the apartment building period.

Even Mr. Su Ngoc Khuong, Senior Director of Investment Department of Savills Vietnam also said that, if the proposal is applied, in the future it is likely to lead to the trend that people will not choose apartments but move to apartments. to buy townhouses or units outside to ensure the long-term value of the property. This will affect the liquidity of the apartment market.

Mr. Khuong also said that in the case of the 50-70 year expiry, if the work is dismantled at that time, the land valuation will be done and how to re-divide it to return it to the people. has also not been specified. If after 50-70 years, people do not know whether they will be resettled in place or resettled elsewhere, or do not know how much their remaining property value will be, it will be a big problem.

In addition, the liquidation of the property and the auction to redistribute it to those who have apartments in that project also need a clearer explanation so that new investors can come in and buy the land and rebuild. on land.

Currently, apartment projects also have periodic remodeling plans, so after a period of 50-70 years, if the construction quality of the project is still guaranteed for people’s lives, it is necessary to extend the time. time of use based on the test results at that time. Along with that, to ensure the interests of the people, when the investor sells the apartment and the land use right according to the project term of 50-70 years, it is necessary to adjust the land use fee so that the final selling price of the product consistent with reality”, Mr. Khuong said.

On the side of the Ministry of Construction, the Department of Housing and Real Estate Market Management has also said that the proposal to amend the policy on the term of apartment ownership is based on many bases, both in terms of the management and use of the apartment building, because it is related to the assets and lives of many people, on the basis of the actual difficulties and obstacles in the implementation of the policy of renovating and rebuilding the common house. current residence and refer to the experience of many countries around the world.

According to the Ministry of Construction, stemming from the characteristics of an apartment building, which is a typical large-scale project with many people living, over time, the building will be degraded and no longer safe. in use.

Therefore, at the end of the useful life as prescribed by the law on construction or when the expiry date has not yet expired but the construction is degraded, the competent authority will inspect and evaluate the quality.

If the work is still usable, it will continue to allow the use according to the conclusion of the competent authority; If the building no longer ensures the safety of the life and property of the owners, the users of the apartment building will have to demolish it to rebuild. When the life of the apartment building ceases to exist (due to being demolished), the ownership rights of the owners to this apartment building will also cease because the recognized assets no longer actually exist.

“The above regulation is also consistent with the provisions of the civil law. Accordingly, property ownership will be terminated when the property is destroyed or terminated in accordance with the law”, the Ministry of Construction said. said.

According to the Ministry of Construction, it is necessary to supplement regulations on the duration of apartment ownership according to the use term of the works to have a legal basis to overcome difficulties and obstacles in the renovation and construction work. high-rise apartment buildings in the past time; At the same time, it also aims to facilitate urban embellishment.

The ministry also said that the proposed regulations on the duration of apartment ownership still ensure the interests of people living in apartment buildings. Because in the above policy proposal, the Ministry of Construction has also proposed specific situations to handle.

Accordingly, people are still able to exercise the rights of property owners such as buying, selling, giving, and inheriting during the apartment building period.

After the expiry date of the works, if the quality inspection results of the apartment building are still safe, the owners will continue to own them according to the time limit stated in the inspection conclusion of the competent authority. permission.

In case the apartment building must be demolished for rebuilding, it will be handled according to the policy on renovation, demolition and reconstruction of the apartment building, and the residents who currently own the apartment building (such as the former owner or the buyer). donation, inheritance, etc.) still have the right to resettle at the old location without having to move to another place.

As for the case where the State has planned to build public works or security and defense works at the old location, the people will be resettled at another location according to the general resettlement policy of the State. .

In addition, the Ministry of Construction said, the proposal to regulate the term of ownership of an apartment building according to the term of use of the apartment building does not mean that the apartment building only has a term of 50-70 years. Currently, according to the provisions of the construction law, the useful life of a work is determined according to the construction design documents (design life) and the actual use term.

The design life of the building must be clearly stated in the design documents and related documents (it can be 50-70 years or longer depending on the specific project). At the end of the useful life, the competent authority will inspect and evaluate the quality of the work to allow it to continue using or demolish for rebuilding.

Thus, according to the Ministry of Construction, the term of ownership of an apartment building may be 50 years, 70 years or it may be longer than 80 years, 90 years… depending on the quality of the work.

According to Minh Thu