The Ultimate Guide: 8 Scenarios Where You Can Buy or Sell a House Without a Land Title

As per Decree 95, which elaborates on the Law on Housing 2023 and came into effect on August 1st, there are eight instances where a property can be traded without a Certificate of Ownership, often referred to as the 'pink book' or 'red book'.

Administrator

5 August, 2024

First, in the case of buying, renting, or purchasing houses in real estate projects, investors need to provide proof that the houses are eligible for commercial use. This can be done through relevant documents.

For future resettlement housing, investors must provide proof of their eligibility to engage in this type of business. If they wish to sell this type of housing immediately, they will need to have an acceptance certificate.

Second, when it comes to trading or renting houses that are still under construction (buying houses on paper), investors need to possess a land use right certificate and a construction permit. If the project is exempt from obtaining a construction permit, investors must provide documents proving their investment in building these houses.

Third, for transactions involving the buying or renting of houses that are considered public assets, there must be documents confirming that these houses are eligible for rental or sale according to regulations.

People should pay attention to cases where houses can be traded without a red book. Illustration: Hong Khanh

Fourth, in the case of houses built for charitable purposes, organizations must provide documents proving their intention to build and donate these houses.

Fifth, for transactions involving the mortgage of future houses by real estate investors, certain documents are required. These include proof of eligibility for mortgage, completion of the foundation, and freedom from any previous mortgages on the entire project or a portion thereof. If there was a previous mortgage, a release document is necessary.

Sixth, for house rentals, loans, or proxy management (excluding rentals of public assets), the lessor must have a contract with the project investor. In the case of a contract transfer, a transfer document is also required. For self-built houses, individuals must have a construction permit or proof of homeownership.

Seventh, for inherited houses that are gifted, the donor must provide proof of homeownership. If the inherited house is subject to purchase or rent-to-buy, the seller must have a contract of sale, lease, and proof of ownership or investment in the construction project.

If the inherited house is a new construction investment, the inheritor must have a construction permit and proof of land use rights. In the case of court-ordered inheritance, the recipient must present the court’s decision or judgment.

Finally, for companies undergoing dissolution and wishing to sell houses, a decision or notification of this process is required. In the case of bankruptcy, a court decision must be presented.

Hong Khanh