ARE THE APARTMENT BUYERS PROVIDED WITH HOUSING WARRANTY?

In early September 2019, I bought a new apartment in Da Nang city. Recently, the continuous rain and storms made my house infiltrated and moldy, I called the seller and asked them to deal with these problems but they did not fix it. They said that my apartment is accepted and permitted to put into operation. I want to know if the seller is responsible for providing warranty on my apartment.

Looking forward to FDVN’s consulting service. Thank you and best regards.

FDVN’s opinions:

The housing warranty is specified in Article 85 of Law on housing 2014:

“1. Any organization or individual building the house must give housing warranty as prescribed in law on construction; any organization or individual provides housing equipment must give equipment warranty according to the term recommended by the producer.

Regarding housing for sale or lease-purchase, the seller or the lessor must give housing warranty as prescribed in Clause 2 and Clause 3 of this Article. The seller or the lessor is entitled to request the builder or the equipment provider to give warranty as prescribed.

2. The house shall be given a warranty from the date on which the construction has been completed and the house is permitted to put into operation with the warranty period below:

a) At least 60 months regarding apartment buildings;

b) At least 24 months regarding separate housing.

3. The housing warranty shall include repair of frames, columns, beams, floors, walls, ceilings, roofs, terraces, stairways, paneled sections, paving, plastering, fuel supply system, electricity supply system, lighting supply system, water tank and water supply systems, septic tanks and sewage drainage systems, municipal waste; or solutions to cases of housing tilt, subsidence, cracking, collapse and other content as agreed in the agreement on housing sale or lease purchase.

Regarding other equipment attached to the house, the seller or the lessee shall give warranty including repair or replacement with the time limit recommended by the manufacturer.”

Accordingly, the house shall be given the warranty from the date on which the construction has been completed and the house is permitted to put into operation. The warranty period is at least 60 months to the apartment. You have the right to ask the seller to provide you with the housing warranty under Clause 2 and Clause 3 Article 85 above if there is no other agreement under the apartment purchase contract between you and the seller.

Legal advisor: Nguyen Thi Suong

FDVN Law Firm

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