The new Housing Law will take effect from August 1, 2024, so how will the term of use of apartment buildings be regulated?
LEXICO consulting
Pursuant to Article 58 and Article 61 of the Housing Law 2023 (amended and supplemented by Article 2 of Law No. 43/2024/QH15), from August 1, the term of use of apartment buildings is prescribed as follows:
Firstly, the period of use of the apartment building is determined according to the design documents and the actual period 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 construction law.
Second, the period of use of the apartment building is calculated from the time the apartment building is accepted and put into use according to the provisions of construction law.
Third, when the apartment building has expired according to the design documents in the above regulations or has not expired according to the design documents but is damaged, at risk of collapse, and does not ensure safety. For owners and users of apartment buildings, the Provincial People's Committee must direct the implementation of inspection and assessment of the quality of apartment buildings according to the following regulations:
- The Provincial People's Committee directs the provincial housing management agency to preside over and coordinate with local authorities and the district People's Committee where the apartment building is located to inspect and evaluate the quality of constructed apartment buildings. built on the site. For apartment complexes, carry out inspection and evaluation of the entire area before including it in the plan to renovate and rebuild the apartment building.
Apartment owners are responsible for coordinating with the above-mentioned agencies and units participating in inspection in carrying out inspection and assessment of apartment quality according to the provisions of the Housing Law 2023 and the law on housing. build.
- The organization assigned to inspect and evaluate the quality of apartment buildings must clearly determine the quality of the apartment building that must be demolished or not yet demolished in the inspection results report sent to the housing management agency. at the provincial level. The inspection and assessment of apartment quality is carried out in accordance with the provisions of construction law and the provisions of the Housing Law 2023.
- After receiving the inspection results report, the provincial housing management agency must consider and issue a conclusion on apartment quality inspection. The inspection conclusion must clearly state the inspection contents according to the provisions of construction law and must determine that the inspected apartment building is not subject to demolition or is subject to demolition; In case the apartment building is not yet subject to demolition, the inspection conclusion must clearly state the period of continued use until the apartment building is subject to demolition.
- Inspection conclusions must be publicly posted on the electronic information portal of the provincial housing management agency.
Fourth, the announcement of the expiration of an apartment building is carried out in accordance with the provisions of the Housing Law 2023 and the law on construction.
At the same time, Article 59 of the Housing Law 2023 specifically stipulates cases of apartment buildings subject to demolition (including apartment buildings that are still in use but are not guaranteed to be safe if continued to be used...) .
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