Officially no regulation on apartment ownership period

This morning (November 27), at the 6th Session, the 15th National Assembly officially passed the amended Housing Law, which will take effect from January 1, 2025. Notably, the amended Law does not stipulate the ownership period, but only stipulates the period of use of apartment buildings on the basis of inheriting the current Housing Law.

Regulations on the term of use of apartment buildings

Regarding the regulations on the term of use of apartment buildings (Article 58), the recently passed Housing Law stipulates that the term of use of apartment buildings is determined based on the design documents and the actual time of use of the apartment building according to the inspection conclusion of the competent authority. The term of use of the apartment building according to the design documents must be clearly stated in the appraisal document of the competent authority according to the provisions of the law on construction.

Chính thức không quy định thời hạn sở hữu nhà chung cư - 1 — The revised Housing Law does not stipulate a term of ownership, only a term of use for apartment buildings (Illustration: Tran Khang).

The term of use of an apartment building is calculated from the date of acceptance of the apartment building into use according to the provisions of the law on construction.

When an apartment building has expired according to the design documents specified in Clause 1 of this Article or has not expired according to the design documents but is damaged, at risk of collapse, and does not ensure safety for the owners and users of the apartment building, the Provincial People's Committee must direct the inspection and assessment of the quality of the apartment building according to the provisions of Article 61 of this Law.

The announcement of apartment buildings that have expired their term of use is carried out in accordance with the provisions of this Law and the law on construction.

In case the apartment building is subject to demolition

In Article 59 of the amended Housing Law, apartment buildings that must be demolished as prescribed in Clause 2 of this Article include:

Apartment buildings that have expired their term of use as prescribed in Article 58 of this Law and are subject to demolition;

Apartment buildings that have not expired according to the provisions of Article 58 of this Law but are subject to demolition.

In addition, cases of apartment building demolition include: Apartment buildings damaged by fire or explosion and no longer meet safety conditions for continued use;

Apartment buildings damaged by natural disasters or enemy attacks are no longer safe enough to continue to be used;

Apartment buildings with main load-bearing structures of the building appearing in a state of overall danger, at risk of collapse, not meeting the conditions for continued use, requiring urgent evacuation of owners and users of the apartment building;

Apartment buildings that are severely damaged, with a local danger to the main load-bearing structure of the building and have one of the following factors: technical infrastructure system for fire prevention and fighting; water supply, drainage, wastewater treatment; electricity supply, internal traffic that do not meet the requirements of current technical standards and regulations or are at risk of being unsafe in operation, exploitation, and use, and must be demolished to ensure the safety of owners and users of the apartment building and the requirements for urban renovation and beautification;

Apartment buildings with one of the following main structures: foundation, columns, walls, beams, and rafters that do not meet normal use requirements and are not subject to demolition as prescribed in Point c and Point d of this Clause, but are located in areas that must be renovated and constructed in sync with apartment buildings subject to demolition as prescribed in this Clause according to approved construction planning.

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