(Dan Tri) - Apartment buyers can be granted a pink book within no more than 60 working days, provided that the investor meets the conditions for applying for a certificate and guarantee documents.
The first issue that anyone who buys a house is concerned about is the certificate of land use rights, house ownership rights and other assets attached to the land, also known as the pink book or red book. This document is not only a legal basis to prove ownership but also acts as collateral when borrowing money from a bank.
Many people wonder how long it will take to receive the pink book if they buy a new apartment directly from the investor.
Article 9 of the 2023 Housing Law stipulates that organizations and individuals who meet the conditions and have housing will be granted a certificate. Housing whose ownership is recorded in the Certificate must be available housing.
For housing invested in and built according to a project, the certificate shall not be granted to the investor of the housing construction investment project but to the buyer or lessee of the housing, except in cases where the investor of the housing construction investment project needs to be granted a certificate for housing that has not been sold or leased; in cases where the investor of the housing construction investment project is for rent, a certificate shall be granted for that housing.
People go through real estate procedures (Photo: IT).
At that time, the investor, after completing the obligations to the state and the bank, will be eligible to carry out the procedures to apply for a pink book. In some cases, the apartment has not been granted a pink book because the investor has not fulfilled the financial obligations or the investor is mortgaging the apartment project at the bank before applying for a pink book and has not released the mortgage but still sells the apartment to the buyer.
Thus, apartment buyers will be granted a pink book when the apartment is available and the investor is eligible to apply for a pink book.
Regarding the responsibility of the investor of a commercial housing construction project, including a commercial apartment project, Clause 8, Article 39 of the Housing Law stipulates that within 50 days from the date of handover of the house to the buyer or from the date the lessee has fully paid the agreed amount, the investor must submit a request to the competent state agency to issue a certificate to the buyer or lessee of the house, except in cases where the buyer or lessee voluntarily completes the procedures to request the issuance of a certificate.
At the same time, Clause 3, Article 17 of the Law on Real Estate Business 2023 also stipulates that within 50 days from the date of handover of the house to the buyer or from the time the lessee has fully paid the agreed amount, the application must be submitted to the competent state agency for a certificate, except in cases where the buyer voluntarily completes the procedure.
Thus, the deadline for investors building commercial apartment projects to apply for a pink book for buyers is 50 days from the date of apartment handover, except in cases where the buyer requests to do the procedure himself.
Regarding the time limit for granting certificates, Clause 6, Article 22 of Decree No. 101/2024 stipulates that the time limit for registration and granting of certificates of land use rights and ownership of assets attached to land to transferees of land use rights, ownership of houses, construction works, and construction items in real estate projects is no more than 10 working days.
Thus, in the case of first-time issuance of pink book for apartment buyers, it will not exceed 60 working days.
However, Decree 101/2024 also clearly states that the above-mentioned time limit is calculated from the date of receipt of the dossier that ensures completeness and consistency according to the provisions of Point a, Clause 1, Article 19 of the Decree; not including the time for competent authorities to determine financial obligations on land, the time for performing financial obligations of land users, the time for considering and handling cases of land use in violation of the law, the time for requesting appraisal, the time for public posting, posting on mass media, etc.
So in reality, the time it takes for the pink book to reach the people may be longer.
Source: https://dantri.com.vn/bat-dong-san/mua-chung-cu-moi-sau-bao-lau-se-co-so-hong-20241118115126438.htm
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