An unfinished house is the case when a house has been completed but has not yet been accepted by a competent authority and issued an acceptance certificate allowing the owner to put the house into use. This means that although the construction work has been completed, there is still no official legal recognition of the validity and safety of the project. This can cause not only legal problems but also related to the use and protection of property and safety for users in the house.

2. Cases where construction cannot be completed after completion of construction

Cases in which the house is not completed may stem from the following reasons:

• Unfinished houses due to illegal construction: There are cases where houses are built without complying with legal regulations and without the necessary construction permits from the authorities.
• Ineligibility for completion: Even though the homeowner has applied for a construction permit and complied with the permit, due to not ensuring standards for security, fire prevention, or environmental issues, causing The house is not eligible for completion.
• Avoiding financial obligations: In some cases, homeowners can avoid financial obligations such as paying taxes and fees to State agencies when carrying out completion procedures, leading to a situation of non-completion.
• Not building according to permit: Before building, the homeowner needs to apply for a construction permit from the authorities. However, there are cases where a construction permit is not obtained or the construction does not comply with the content of the permit.

3. Ways to identify a house that is not completed after construction is completed

Ways to recognize a house that is not completed include the following methods:

1. Check documents: If the house does not have an acceptance certificate allowing it to be put into use, often called an infrastructure certificate, it can be concluded that the house has not been completed.
2. Check the current state of the house: If the house shows signs of construction that does not comply with planning, incorrect construction permits, or violates regulations on construction structures, it will suggest that the house was not completed.
3. Look up information: You can look up information about the legal status of the house on the websites of competent state agencies, such as local construction agencies, to verify whether the house has been completed. or not.

4. Answer questions related to housework that is not completed after construction is completed
4.1. Will I be fined if I continue to use a house that has not been completed?

Currently, the law does not have specific regulations on the completion time after completing construction, so there is not enough basis to determine whether an unfinished house violates the law or not. However, failure to complete housing construction can limit the homeowner's rights when wanting to carry out transactions such as buying, selling, and transferring, and is at risk of repossession.

According to Clause 1, Article 118 of the Housing Law 2020, to participate in housing transactions, the house needs to meet the following conditions:

• Have a certificate according to the provisions of law, unless otherwise specified.
• There is no ownership dispute, no distraint or confiscation according to the decision of a competent state agency.

The above conditions do not apply to expected future housing exchange transactions. Clearly stating these conditions helps ensure the validity and correct application of legal regulations in housing-related transactions.

4.2. What are the possible risks when buying an unfinished house?
In cases of unfinished houses, it is often due to encroachment violations or violations during the construction process. Implementing completion procedures will require dismantling the violating structures and may result in administrative sanctions.

In the case of buying and selling an unfinished house, the buyer can only sign a contract to transfer land use rights, but cannot transfer home ownership, resulting in them only having the right to use but not the right to own.

The Land Law 2024 regulates compensation for property damage when the State recovers land. In case the house does not have a land use right certificate and is revoked, compensation may not be given if there are land violations and lack of legal documents.

Completing construction later may be difficult when the construction permit is in the name of the former owner, requiring the signature of the former owner. If the previous owner does not agree, the buyer will have difficulty completing and selling the house.

Although there are some cases where it is not necessary to carry out completion procedures, however, completion will help legalize the land and house according to the law, thereby helping to exchange, sell and transfer. Land and housing easier and avoid legal trouble later.

4.3. Can I give away an unfinished house?
According to current law, the donation of housing must meet certain conditions. In particular, the donated housing must be legal housing and must have a Certificate of land use rights and housing ownership (red book). Because the unfinished housing has not been issued a red book, it is not considered legal housing according to the law.

Above is important information surrounding cases of non-completion after completing construction in the real estate sector. Hung Nghiep Phu Construction Investment Company Limited - specializes in the construction of a full package of Civil and Industrial projects.  We hope to be able to accompany customers in construction projects as well as legal procedures such as preparing planning documents, applying for construction permits, completing construction, applying for fire prevention and fighting certificates, ... If you have any questions or are in need of designing and constructing a complete project, please contact us immediately for a free consultation!

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Source: collected on the Internet