Payment instructions when buying a house formed in the future
Question: Please ask, according to the law, how will I have to pay to buy a house built in the future?
Reply:
Will houses formed in the future be put into business?
According to Clause 4, Article 3, Real Estate Business Law 2014, regulations on houses formed in the future are as follows:
Houses and construction works formed in the future are houses and construction works that are in the process of being built and have not yet been accepted and put into use.
In addition, Clause 2, Article 5, Law on Real Estate Business 2014 stipulates that houses and construction works formed in the future by organizations and individuals are types of real estate that can be put into business.
How to pay to buy a house built in the future?
Pursuant to Article 57, Real Estate Business Law 2014 stipulates:
- Payments for buying, selling, or leasing real estate to be formed in the future are made many times, the first time must not exceed 30% of the contract value, subsequent times must be consistent with the real estate construction progress. but the total amount must not exceed 70% of the contract value before handing over the house or construction project to the customer; In case the seller or lessor is a foreign-invested enterprise, the total amount must not exceed 50% of the contract value.
In case the buyer or lessor has not been granted a Certificate of land use rights, ownership of housing and other assets attached to the land, the seller or lessor may not collect more than 95% of the contract value. ;
The remaining value of the contract is paid when the competent state agency has issued a Certificate of land use rights, ownership of houses and other assets attached to land to the buyer or lessee.
- The investor must use the customer's advance payment according to the committed purpose.
Thus, according to the above regulations, payment for houses built in the future can be made many times, the first time must not exceed 30% of the contract value, in case the house has not yet been handed over, the payment amount must not exceed 70% of the contract value. % of contract value. In case the Certificate of land use rights, ownership of houses and other assets attached to land has not been issued, the seller may not collect more than 95% of the contract value.
What conditions must a house business formed in the future meet?
Conditions for real estate formed in the future to be put into business are specified in Article 55, Law on Real Estate Business 2014 as follows:
- Have documents on land use rights, project documents, construction drawing designs approved by competent authorities, Construction Permit in cases where a Construction Permit is required, acceptance documents Completion of construction of corresponding technical infrastructure according to project progress; In the case of an apartment building or mixed-use building with residential purposes formed in the future, there must be a record of acceptance of the completed foundation of that building.
- Before selling or leasing future housing, the investor must notify the provincial housing management agency in writing that the housing is eligible to be sold or leased.
Within 15 days from the date of receipt of the notice, the provincial housing management agency is responsible for responding in writing to the investor regarding housing eligible for sale or lease-purchase; In case of ineligibility, the reason must be clearly stated.