In the latest draft of the Housing Law (amended) submitted by the Government to the National Assembly, it is stipulated that individuals are only allowed to build houses on residential land under their own use, which is allocated or compensated by the State, or rented or borrowed from other organizations or individuals.
On this basis, the draft Law specifically stipulates the conditions for developing multi-storey, multi-apartment housing for individuals (mini-apartments). Specifically, individuals are allowed to build houses with 2 or more floors, each floor has a design and construction of apartments for sale or rent-purchase for each apartment. They are allowed to build houses with 2 or more floors and a scale of 20 or more apartments for rent.
To build this type of housing, individuals must meet the conditions for being investors in housing construction investment projects. Construction investment is carried out in accordance with the provisions of the law on construction and other relevant legal provisions for housing construction investment projects.
“The sale, hire-purchase, and lease of this apartment shall be carried out in accordance with the provisions of this law and the law on real estate business. The granting of certificates for each apartment shall be carried out in accordance with the provisions of the law on land,” the draft Law on Housing (amended) clearly states.
According to the provisions of the draft revised Housing Law, individuals building houses with 2 floors or more, 20 apartments or more, must establish an investment project (Photo: Huu Thang).
The draft law also stipulates that individuals who have the right to use residential land to build houses with 2 floors or more and a scale of less than 20 apartments, and each floor has an apartment designed and built for rent, the investment in building this house must be carried out according to the following regulations:
Meet the requirements of construction standards for multi-storey houses with many apartments of individuals for rent according to the regulations of the Minister of Construction.
Fire prevention and fighting must be designed, approved and fire safety management measures implemented according to the provisions of the law on fire prevention and fighting for multi-storey houses with many apartments of individuals for rent.
The management and operation of multi-storey, multi-apartment housing of individuals is carried out according to the Regulations on Management and Use of Apartment Buildings issued by the Minister of Construction.
Chairman of the National Assembly's Law Committee Hoang Thanh Tung (Photo: Quochoi.vn).
Examining the content of the development of multi-storey, multi-apartment housing for individuals, Chairman of the National Assembly's Law Committee Hoang Thanh Tung said that many opinions suggested that it is necessary to have stricter regulations on the development, management and use of multi-storey, multi-apartment housing for individuals, especially requirements on construction standards, regulations, fire prevention and fighting.
No certificate is issued for each apartment and this type of apartment can only be rented out, the management and operation is the responsibility of the homeowner.
To overcome the shortcomings and limitations in the development, management and use of this type of housing in recent times, based on the opinions of National Assembly deputies and the Government, the National Assembly Standing Committee proposed to make stricter adjustments.
Specifically, for multi-storey houses and individual apartments, if there are 2 floors or more and less than 20 apartments for rent, they must meet the requirements of construction standards as prescribed by the Minister of Construction. They must be designed, approved for fire prevention and fighting, and implement fire safety management measures in accordance with the provisions of the law on fire prevention and fighting.
In case an individual builds a house with 2 floors or more for sale or rent-to-own, or a house with 2 floors or more and a scale of 20 apartments or more for rent, he/she must prepare an investment project and meet the conditions to be an investor in a housing construction investment project.
Should apply standards for mini apartments
Regarding this issue, this morning (October 26), in the hallway of the National Assembly, delegate Hoang Van Cuong (Hanoi delegation) - Member of the National Assembly's Finance and Budget Committee said that in the current laws, there is no law regulating mini apartments. In fact, mini apartments are built by people who have land, build mini apartments themselves and resell them, so they are called mini apartments.
Regarding the issues raised, delegate Cuong said: Mini apartments need to adjust 2 issues. The first is to repair and renovate according to apartment standards with projects that have been built.
"Mini apartments that have been built and sold need to be reviewed to see if they have been licensed and designed. We already have housing standards, so we need to apply policies here. If any mini apartment building, after review, does not meet standards, the investor himself must repair it to have an escape route, a place for entertainment and public activities," said Mr. Cuong.
National Assembly delegate Hoang Van Cuong said that the first responsibility for the occurrence of mini apartments that do not meet the correct conditions and standards lies with the investors. The responsibility of state management agencies in managing and approving incorrect and uncertain approvals also needs to be handled administratively.
"This is not about accepting mistakes but must determine that mini apartments have occurred and must be remedied to ensure people's lives and minimum living conditions," Mr. Cuong emphasized .
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