The demolition contract template for residential buildings is a document outlining the agreement between the homeowner or the person managing and using the residential property with an organization or individual capable of demolition to ensure compliance with legal requirements during demolition.
Latest template for demolition contract of residential buildings and procedures according to current laws
1. Template for demolition contract of residential buildings and detailed guidance.
2. Legal issues related.
2.1. Basis for establishing a demolition contract of residential buildings.
2.2. Entities in the residential demolition contract.
2.3. Effective date of the residential demolition contract
1. Template for demolition contract of residential buildings and detailed guidance
* Template 01: Latest template for demolition contract of residential buildings in 2023.
- Detailed guidance
+ Basis for contract execution: Clearly state the names and numbers of relevant legal documents, including the Civil Code, Enterprise Law, Housing Law, etc.
+ Clearly state the contract signing date (day, month, year).
+ Information about the demolition contractor and the recipient (if the recipient is an individual, no need to provide information about representative, position, tax code, just provide ID/CCCD number).
+ The demolition budget must be clearly stated in both numeric and textual formats.
+ Representatives of all parties must sign and clearly state their full names, and if they are organizations, they must affix their seals.
The demolition of residential buildings can also be documented through a Job Order Contract template, which readers are encouraged to refer to for additional legal documentation in the construction field.
* Template 02: Demolition Contract Template
- Demolishing a residential building is also demolishing a structure, so readers can use the demolition contract template below when agreeing to demolish a residential building.
* Download the complete set of templates HERE
2. Legal Issues Related
2.1. Basis for Establishing Demolition Contracts for Residential Buildings
- The demolition contract for residential buildings is only established if the entity with rights over the residential property has a need or falls under the circumstances requiring demolition as stipulated in Article 92 of the Housing Law, specifically:
+ Houses severely damaged, at risk of collapse, with conclusions from authorized agencies indicating unsafe conditions or due to emergencies, disaster prevention.
+ Apartment buildings within an integrated area with residential buildings subject to demolition.
+ Houses subject to clearance for land recovery purposes.
+ Residential buildings constructed illegally.
Following the regulations outlined in Clause 44, Article 1 of the amended Construction Law 2020, demolitions of residential properties are underway.
Signing contracts stems from property owners lacking the capability to demolish as per construction laws, necessitating the hiring of other entities with the necessary capacity.
Note: The demolition contract for residential properties is service-oriented, distinct from house borrowing contracts which involve assets.
When is the demolition contract for residential properties established? Explore the latest procedures for dismantling houses.
2.2. Entities Involved in Residential Demolition Contracts
- Residential demolition contracts involve two entities:
+ Demolishing party: Property owner/manager, user of the property, or investor.
+ Receiving party: Individuals, organizations with sufficient construction capabilities.
2.3. Validity Period of Residential Demolition Contracts
- The validity period of residential demolition contracts is determined by mutual agreement of the parties; in cases where there is no agreement, the validity period is the moment of contract signing.
The residential demolition contract template provided by Mytour here is for reference purposes only. When drafting a residential demolition contract, parties should consider responsibilities and requirements during demolition, especially compensation responsibilities in case of damages.
Related to land and housing issues, readers can refer to the Sample Lease Contract for Building Warehouse on Land we have previously shared.