Legal provisions on issuance of certificate of land use right, house and land-attached property ownership for apartment buyer

Abstract

The issuance of certificates of land use rights, houses and other land-attached property ownership (certificates) plays an important role not only to the buyers and sellers in apartment transactions but also to state governance. However, at present, the number of apartments sold  without certificates, as well as lawsuits between the disputing parties arising from the issuance of certificates are still many in reality. The article analyzes legal provisions on granting certificates to buyers of apartments in the projects of commercial housing construction such as conditions of granting certificates for the buyer and their obligations in the procedural process of requiring a certificate to be issued by  competent authorities. Simultaneously, the practice of procedural implementation for granting certificates to the buyer of an apartment is studied in reality.  Thereby, the article also points out shortcomings in the legal regulations and proposes recommendations to improve the law in contribution to accelerating the certification progress.