At the end of November, the National Assembly officially passed the amended Housing Law. The law officially takes effect from January 1, 2025.
Article 144 of this Law has amended and supplemented a number of contents related to car parking spaces in apartment buildings compared to Article 101 of the 2014 Housing Law. Notably, the determination of ownership and usage rights for parking spaces is clearly regulated.
Parking spaces for bicycles, two-wheeled motor vehicles, three-wheeled motor vehicles, and vehicles for the disabled for owners and users of apartment buildings are under the common ownership and common use rights of the apartment building owners.
For parking spaces for apartment owners, the buyer or lessee of an apartment or other area in the apartment building decides to buy or rent; in case of not buying or not renting, this parking space belongs to the management of the investor of the housing construction investment project and the investor of the housing construction investment project is not allowed to include in the selling price or rent-purchase price of the apartment the cost of investing in building the parking space.
Apartment project investors must publicize parking space investment costs (Illustration: Ha Phong).
Also according to the provisions of Article 114, investors in housing construction investment projects are responsible for publicly disclosing the investment costs for building car parking spaces.
The arrangement of parking spaces in apartment buildings must ensure the principle of giving priority to apartment owners first, then reserving public parking spaces.
The purchase or lease of a parking space as stipulated in this point is recorded in the apartment purchase or lease contract or a separate contract is established.
In addition, the investor of the housing construction investment project must hand over to the apartment building owner a drawing of the parking area based on the approved project documents and design. In which, the parking area for the owners and users of the apartment building must be clearly defined, including common parking spaces, car parking spaces and public parking areas.
This new law also stipulates that vehicle parking service prices are implemented according to the provisions of the law on prices.
At the same time, the management and operation of parking spaces is carried out according to the Regulations on management and use of apartment buildings.
Recently, there have been disputes between investors and residents in many apartment buildings in big cities such as Hanoi and Ho Chi Minh City. Common disputes are related to ownership, parking location, rental or purchase price, rental period, etc.
According to legal experts, in order for this new Housing Law to come into practice, we need to wait for future sub-law documents to see if they have more detailed regulations and instructions.
However, there are also concerns that Article 144 of the revised Housing Law still retains the contents considered inappropriate in Article 101 of the 2014 Housing Law, such as the management rights of investors, restrictions on the common ownership of residents over parking spaces in apartment buildings, and unclear principles of priority for apartment owners.
In addition, when the new Housing Law comes into effect, it is unclear whether the sample contract for sale or lease of an apartment will still record information related to parking spaces in the apartment building.
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