Conditions for issuing mini apartment pink books from January 1, 2025

Conditions for issuing mini apartment pink books from January 1, 2025 is a condition that mini apartment owners must meet in order to be granted a Certificate of Ownership. The following article will provide regulations related to the issuance of pink books for mini apartments. Please refer!

Can mini apartments be issued pink books?

Mini apartments are issued pink books from August 1, 2024 according to the provisions of Clause 2, Article 57 of the Law on Housing 2023, the issuance of pink books for each apartment in mini apartments has been recognized by law.

Specifically, according to the provisions of Clause 3, Article 42 of Decree 95/2024/ND-CP, the issuance of Certificates for each apartment to buyers, lease-purchases of multi-storey houses with many apartments is carried out in accordance with the provisions of land law. This affirms the right to be granted a pink book to mini apartment owners if they meet the legal conditions.

However, to be granted a pink book, a mini apartment must fully meet the conditions of construction, fire prevention, technical regulations and relevant legal regulations. For example, an apartment must have a minimum usable area of ​​25m² according to QCVN 04:2021/BXD standards issued together with Circular 03/2021/TT-BXD.

Thus, from now on, the owner of a mini apartment that is granted a pink book will have separate ownership of the apartment and joint ownership of the common area and equipment. The management and operation of apartments in mini-apartments will be carried out according to the Regulations on management and use of apartment buildings issued by the Minister of Construction.

Conditions for issuing mini apartment pink books from January 1, 2025

Conditions for issuing mini apartment pink books from January 1, 2025 are determined based on the scale of the project. These conditions are specified in Article 57 of the Law on Housing 2023, Clause 2, Article 41 of Decree 95/2024/ND-CP and Article 4 of Circular 05/2024/TT-BXD. Classification based on the number of apartments creates different legal requirements. Specifically as follows:

1. For houses with 2 floors or more and less than 20 apartments, the investor must meet the following conditions:

• Must have a Construction Permit accompanied by design documents, clearly showing the total number of apartments, number of apartments on each floor, construction area of ​​each apartment, parking area, common use area of ​​each floor and of the house;
• In case of exemption from Construction Permit, the investor needs to send a written notice to the People’s Committee of the commune, ward or town where the house and land are located with specific content on the number of floors, number of apartments, area of ​​each apartment and common use area;
• Must meet fire prevention and fighting requirements according to the provisions of law on fire prevention and fighting for multi-storey houses with many apartments of individuals;
• Must meet the conditions prescribed by the Provincial People’s Committee on roads to carry out fire fighting when there is a fire in a place with multi-storey houses and many apartments of individuals.

2. For houses with 2 or more floors and 20 apartments or more, in addition to the above conditions, the investor must also:

• Be the investor of a housing construction investment project according to the provisions of law;
• Carry out investment procedures for construction of housing projects according to the provisions of investment law, housing law, construction law and relevant laws.

In addition, apartments must comply with QCVN 04:2021/BXD standards, accordingly, each apartment must have at least one room and one toilet with a minimum usable area of ​​25m².

In case of a mini-apartment with an area of ​​each floor greater than 300m², the common corridor or walkway must have at least 02 emergency exits. The balcony connected to the emergency escape must accommodate enough people in the rooms on that floor. Do not use spiral ladders or fan-shaped steps as emergency escape ladders.

Thus, to be granted a pink book, a mini apartment must fully meet the above conditions. So in reality, very few mini apartments are granted pink books for many reasons such as not meeting fire safety standards, not building emergency exits,…

Procedures for issuing pink books for mini apartments

Procedures for issuing pink books for mini apartments are specifically stipulated in Article 41 of Decree 101/2024/ND-CP. This process includes many steps from preparing documents to receiving final results. Specifically as follows:

Step 1: Submit documents as prescribed in Clause 1, Article 21 of Decree 101/2024/ND-CP, investors or home buyers can submit documents at one of the following agencies:

• One-Stop Department according to regulations of the Provincial People’s Committee;
• Land registration office;
• Land Registration Office Branch.

Documents to be submitted include:

• Document from the competent authority in charge of housing and construction work certifying that the house, construction work, and construction work items are eligible to be put into use according to the provisions of law on construction;
• Document from the agency competent to manage real estate business conforming land use rights and assets attached to land are eligible to be put into business according to the provisions of law on real estate business;
• Application for registration of changes in land and assets attached to land according to Form No. 11/DK;
• Contract for transfer of land use rights and housing ownership;
• Minutes of handover of houses, land, and construction works;
• Certificate issued to project investor;
• Documents proving the completion of financial obligations (if any).

Step 2: Receive documents

If the application is not valid or complete, within a maximum of 03 days, the agency receiving and processing the application will notify and guide the applicant to supplement and complete the application according to regulations.

Step 3: Resolve the request

Pursuant to Clause 3, Article 41 of Decree 101/2024/ND-CP, the Land Registration Office is responsible for:

• Check legal documents in the file;
• Send information transfer form to determine financial obligations related to land to the tax authority;
• Update and correct cadastral records and land database;
• Issue a Certificate to the transferee, confirm changes on the Certificate issued to the investor, in which the area under common use rights with others is adjusted to change to common use;
• Give the Certificate to the project investor to transfer to the grantee (if the investor submits the application).

Step 4: Present results

Processing time is no more than 23 working days from submission of application to receipt of certificate (according to Clause 1, Article 22 of Decree 101/2024/ND-CP).

In summary, in the process of carrying out procedures for issuing pink books for mini apartments, you need to pay special attention to issues related to joint and private ownership. For example, the area under common use rights with others will be adjusted to change to common use. This ensures the legality and rights of all owners in the mini apartment.

Consulting service for issuing mini apartment pink books at Long Phan Consulting Company

Long Phan Consulting Company provides comprehensive consulting services on issuing mini apartment pink books. With experience and expertise in the real estate field, we support customers in the entire process from checking conditions to completing procedures for receiving pink books. We provide the following services:

• Consulting on conditions for issuing pink books for mini apartments;
• Support in preparing and completing Certificate application documents;
• Authorized representatives contact and work with competent authorities;
• Monitor and urge the application processing process;
• Consulting on solving problems that arise during the process of issuing pink books (if any).

With the motto “Give trust – Receive solutions”, Long Phan Consulting Company always accompanies customers in all issues related to real estate in general and mini apartments in particular.

Some frequently asked questions about conditions for issuing mini apartment pink books from January 1, 2025

Long Phan Consulting Company provides some common questions about issuing mini apartment pink books. Please refer!

Can a mini apartment be mortgaged after having a pink book?

Yes, after being granted a pink book, mini apartment owners have the right to mortgage their apartment to borrow capital from credit institutions.

What is the minimum area for a mini apartment to be granted a pink book?

According to QCVN 04:2021/BXD standards, the minimum usable area of ​​each mini apartment is 25m².

Can mini apartments built before January 1, 2025 be issued pink books?

Mini apartments built before January 1, 2025 still have the opportunity to be granted pink books if they fully meet the conditions according to new regulations.

What documents are needed to apply for a mini apartment pink book?

Documents to be submitted include: Document confirming housing eligibility, document confirming land use rights, land change registration application, transfer contract, handover record, investor’s certificate, and financial documents.

What is the maximum time to process a pink book application?

Processing time is no more than 23 working days from submission of complete documents.

Above are some questions that you may be interested in about the conditions and procedures for issuing pink books for mini apartments from 2024. We hope that the above answers have partly answered your questions about this issue.

Conclude

Thus, the conditions for issuing mini apartment pink books from January 1, 2025 are strictly regulated to ensure the interests of buyers and project safety. If you have any questions related to issuing mini apartment pink books, please contact us immediately via the hotline 0906735386 to receive support from our team of experts throughout the entire process of issuing mini apartment pink books, from consulting on legal conditions to completing procedures.