Does building a roof encroaching on other people's airspace violate the law on land use in Vietnam?
Are building regulations mandatory?
Pursuant to Article 174 of the 2015 Civil Code of Vietnam stipulating the obligation to respect building regulations as follows:
“Article 174. Obligation to respect building regulations in Vietnam
When constructing a project, the owners and holders of other property-related rights must comply with the law on construction, ensure safety. It may not build beyond the height and distance specified by the law on construction and infringes the legitimate rights and interests of owners of adjoining and surrounding immovable properties.”
When conducting construction, what are the general obligations of land users?
Pursuant to the provisions of Clause 1, Article 170 of the 2013 Land Law of Vietnam stipulating the obligations of land users as follows:
“Article 170. General obligations of land users in Vietnam
1. To use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel while protecting underground public facilities and in accordance with other relevant laws.
2. To declare and register land; to complete all related procedures upon exchange, transfer, lease, sublease, inheritance, donation of land use rights; mortgage or contribution of land use rights as capital in accordance with law.”
Thus, land users have the obligations to use the land for proper purposes, in accordance with the land parcel boundaries, in compliance with regulations on use of the depth beneath and the space above the parcel.
Building a roof encroaching on other people's airspace
What are the regulations on airspace boundaries when building a roof?
Pursuant to the provisions of Clause 2, Article 175 of the 2015 Civil Code of Vietnam stipulating the boundaries between immovable properties as follows:
“Article 175. Boundaries between immovable properties
2. A person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land as prescribed by law and may not interfere with the use by other persons of the adjoining land.
A land user may only plant trees and performs other activities within the area covered by its land use rights and according to the defined boundaries. If the roots and branches of trees extend beyond the boundaries, such person must clip and prune the parts of the trees beyond the boundaries, except as otherwise agreed.”
Thus, a person having land use rights may use the airspace and the sub-surface according to the vertical dimensions of the boundaries around the land and may not interfere with the use by other persons of the adjoining land. Therefore, airspace boundaries when building a roof must not interfere with the use by other persons of the adjoining land.
Does building a roof encroaching on other people's airspace violate the law on land use?
Pursuant to Article 176 of the 2015 Civil Code of Vietnam stipulating the boundary markers separating immovable property as follows:
- An owner of adjoining immoveable property may only erect boundary stakes and fences and build separating walls on the area covered by its land use rights.
- Adjoining land users may agree to the erection of boundary stakes and fences, the building of separating walls and the planting of trees on the boundary for use as boundary markers between the immoveable properties, and the boundary markers shall be under the multiple ownership of such persons.
Where a boundary marker is erected on the boundary by only one party with the consent of the owner of the adjoining immoveable property, such boundary marker shall be multiple ownership property and the construction expenses shall be borne by the party having erected the marker, unless otherwise agreed. If the owner of the adjoining immoveable property does not give consent and has legitimate reason, the owner having erected the boundary stake or fence or built the separating wall must remove it.
- With respect to boundary markers which are common house walls, the owner of the adjoining immoveable property may not cut out a window or air ventilating hole or drill the wall in order to install building structures, except with the consent of the owner of the adjoining property.
Where houses are separately built, but with adjoining walls, an owner may only drill and install building structures up to the space between the adjoining walls.
With respect to trees which are common boundary markers, the parties have equal obligations to protect the trees, and the fruits from the trees shall be distributed equally, unless otherwise agreed.
Thus, when your neighbor's house builds a roof that extends to the airspace of your land, it affects your family's land use. Therefore, this behavior of your neighbor's family is an act of encroachment on airspace and a violation of the law.
Thư Viện Pháp Luật
