(Dan Tri) - According to the 2024 Land Law, 6 cases of assets attached to land are not certified for ownership when issuing red books.
According to Clause 21, Article 3 of the 2024 Land Law, in addition to land use rights, people are also certified for ownership of 2 types of assets attached to land when being granted red books, which are houses and constructions attached to land.
According to Clause 2, Article 151 of the 2024 Land Law, property attached to land is not certified for ownership when issuing a red book if it falls into one of the following cases:
In the first case, the property attached to the land where the land plot has such property is in a case where the Certificate of land use rights and ownership of property attached to land is not granted as prescribed in Clause 1, Article 151 of the 2024 Land Law or does not meet the conditions for granting the Certificate of land use rights and ownership of property attached to land.
In the second case, houses or construction works are temporarily built during the construction of the main work or are temporarily built with materials such as thatch, bamboo, rattan, leaves, soil; auxiliary works are outside the scope of the main work and are used to serve the management, use, and operation of the main work.
In the third case, the property attached to the land has been notified or decided to be cleared or has been decided to reclaim the land by a competent state agency, except in cases where it has been more than 03 years since the date of such notification or decision but it has not been implemented.
Case 4: houses and constructions built after the time of construction ban announcement; construction encroaching on or occupying the protective boundary markers of technical infrastructure works and ranked historical and cultural relics;
Assets attached to land created after the time the planning was approved by a competent authority, but the assets created are not consistent with the planning approved at the time of granting the Certificate of land use rights and ownership of assets attached to land;
Except for the case where the owner of a house or construction work that is not a house as prescribed in Articles 148 and 149 of the 2024 Land Law has a construction permit with a term as prescribed by the law on construction.
According to the 2024 Land Law, there are 6 cases where property attached to land is not certified for ownership when issuing a red book (Illustration photo: Duong Tam).
Case 5: The property is owned by the State, except for the property that has been identified as the State's capital contribution to the enterprise according to the guidance of the Ministry of Finance.
Case 6: Property attached to land does not fall under the provisions of Articles 148 and 149 of the 2024 Land Law.
Specifically, Article 148 of the 2024 Land Law stipulates the conditions for granting Certificates of land use rights and ownership of assets attached to land for residential properties.
Households and individuals owning houses are granted a Certificate of land use rights and ownership of assets attached to land when they have one of the following documents: Housing construction permit or housing construction permit with a term; contract for sale of State-owned houses according to the provisions of Decree No. 61 dated July 5, 1994 of the Government; documents on transactions or donation of houses of gratitude and charity; documents on house ownership issued by competent authorities during periods when the land and house are not subject to the State establishing ownership of the entire people; judgments or decisions of the Court or documents of competent state agencies that have come into legal effect that determine house ownership;...
Article 149 of the 2024 Land Law stipulates the conditions for granting Certificates of land use rights and ownership of assets attached to land for assets that are construction works other than houses.
Specifically, households, individuals, and residential communities that own construction works are granted a Certificate of land use rights and ownership of assets attached to land when they have one of the following types of documents: Construction permit or construction permit with a term; documents on ownership of construction works issued by competent authorities over time, except in cases where the State has managed, arranged for use; documents on purchase, sale, donation or inheritance of construction works; judgment or decision of the Court or documents of competent state agencies;...
Source: https://dantri.com.vn/bat-dong-san/6-truong-hop-nha-o-khong-duoc-cong-nhan-quyen-so-huu-khi-cap-so-do-20241230083852276.htm
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