How to determine the usable area of flats and other area in apartment buildings in Vietnam?
How to determine the usable area of flats and other area in apartment buildings in Vietnam?
Pursuant to the provisions in Article 143 of the Law on Housing 2023 as follows:
Determination of usable area of flats, other area in apartment buildings; classification of apartment buildings
1. Usable area of flats and other area in apartment buildings under sole ownership of apartment building owners shall be determined by carpet area, including area of walls inside flats, balconies, loggias (if any) and not including area of walls surrounding flats, walls separating flats, floor area occupied by pillars, utility boxes, and walls surrounding utility boxes (if any) in flats. For the purpose of calculating balcony area, calculate the entire floor area; if balcony contains common wall, balcony area shall also include the inside of common walls.
For the purpose of calculating loggia area, calculate the entire floor area from the inside of common walls or walls surrounding flats.
In case of equipment or elements associated with balconies and/or loggias but are considered vertical surface of the structure according to approved design dossiers under construction laws, the equipment and elements shall be considered under joint ownership in apartment buildings.
2. Determination of area under Clause 1 of this Article shall conform to Regulations on management and use of apartment building.
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Thus, the determination of usable area of flats, other area in apartment buildings is carried out according to the above regulations.
How to determine the usable area of flats and other area in apartment buildings in Vietnam?
What are the common areas of apartment buildings in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Clause 2, Article 142 of the Law on Housing 2023, common areas of apartment buildings include:
- Private areas in apartment buildings include:
+ Area in flats, including area of balconies and loggias associated with the flats;
+ Other area in apartment buildings recognized as to be under ownership of apartment building owners;
+ Equipment system associated to flats or other area under sole ownership of apartment building owners, other than equipment under joint ownership.
- Community house of apartment buildings;
- Load-bearing space and structures, equipment for common use in apartment buildings including: load-bearing frames, pillars, walls, exterior walls, walls separating flats, floors, ceilings, roofs, rooftops, corridors, staircases, elevators, means of egress, garbage chutes, utility boxes, exterior walls of utility boxes (if any), power supply system, water supply system, gas supply system, communication system, radio system, television system, water drainage system, septic tanks, lightning protection, fire protection, and other sections not under sole ownership of apartment building owners;
- Outdoor technical infrastructures connected to the apartment buildings, other than technical infrastructures serving public purposes or to be handed over to the Government or developers of housing investment and construction projects for management in accordance with approved projects;
- Public structures in apartment building vicinity not for business purposes or not to be handed over to the Government in accordance with approved projects including: common yards, flower gardens, parks, and other structures defined in approved projects.
Thus, area and equipment under private ownership and joint ownership under this Article shall be clearly defined in contracts for purchase, lease purchase of property or other areas in apartment buildings; if said area and equipment are not clearly defined in contracts for purchase, lease purchase of property, they shall be determined in accordance with above content.
When is the lifespan of apartment buildings in Vietnam under the Law on Housing 2023?
Pursuant to the provisions of Article 58 of the Law on Housing 2023 as follows:
Lifespan of apartment buildings
1. Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority. Lifespan of apartment buildings according to design dossiers shall be specified in written appraisal of competent authorities in accordance with construction laws.
2. Lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.
3. If lifespan of apartment buildings according to design dossiers under Clause 1 of this Article expires or the apartment buildings in question are damaged, prone to collapse, or do not guarantee safety for owners and occupants of apartment buildings before expiry of lifespan, provincial People's Committees shall coordinate inspection and quality assessment of apartment buildings in accordance with Article 61 hereof.
4. Declaration of apartment building lifespan expiry shall conform to this Law and construction laws.
Thus, according to the above regulations, lifespan of apartment buildings shall start from the date on which apartment buildings are commissioned for use in accordance with construction laws.
Lifespan of apartment buildings shall be determined by design dossiers and actual useful life of apartment buildings according to conclusion of competent authority
The Law on Housing 2023 comes into force from January 1, 2025.
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