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REMOVAL OF REGULATIONS ON APARTMENT OWNERSHIP DURATION
According to the Housing Law 2023, from August 1, 2024, when an apartment building has reached the end of its usable life and is at risk of collapse requiring demolition, the value of the apartment will no longer exist. However, the value of long-term land use rights and the residents remain intact, serving as the basis for compensation.

The issue of the duration of apartment use is specifically regulated in Article 58 of the Housing Law 2023 as follows:

The duration of apartment use is determined based on the design documents, the actual usage time of the apartment as concluded by a competent authority’s inspection, and is clearly stated in the competent authority’s appraisal document according to the construction law. This duration is calculated from the acceptance date of the apartment for use.

When an apartment building has reached the end of its usable life according to design documents or has not yet reached the end of its usable life but is damaged, at risk of collapse, and unsafe for owners and users, the provincial People’s Committee must direct the inspection and quality assessment of the apartment building in accordance with Article 61 of the Housing Law 2023.

The announcement of an apartment building’s end of usable life is carried out in accordance with the Housing Law 2023 and construction law.

Compared to the Housing Law 2014, the Housing Law 2023 has removed the regulation on ownership duration and only regulates the duration of apartment use. When an apartment building has reached the end of its usable life and is at risk of collapse requiring demolition, the value of the apartment will no longer exist. However, the value of long-term land use rights and the residents remain intact, serving as the basis for compensation.

The Housing Law 2023 takes effect from August 1, 2024.

This newsletter is intended to inform about newly enacted legal regulations and is not meant to be used as advice or applied to specific cases.

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