Tighten regulations on mini apartments

However, in reality, in many localities, lax management occurs, leading to many consequences, overloading the urban infrastructure system, posing a potential risk of fire and explosion, as evidenced by a number of fires causing serious damage to people and property.

9-storey mini apartment building, 6 floors over the permit, in Tan Xa commune (Thach That district, Hanoi)

Creating a legal corridor for healthy development

To overcome the limitations, the draft Law on Housing (amended) stipulates that individuals who build houses with 2 or more floors, each floor of which has an apartment designed and built for sale or lease-purchase, must meet the conditions for being an investor in a housing construction investment project. The sale, lease-purchase, and lease of apartments shall comply with the provisions of the Law on Housing and the law on real estate business; the issuance of certificates for each apartment shall comply with the provisions of the law on land; management and operation shall comply with the regulations on management and use of apartment buildings.

Agreeing on the need to tighten regulations on mini apartments, Deputy Tran Kim Yen (HCMC delegation) said that current regulations on construction and technical standards for mini apartments are not specific, leading to investors being able to "circumvent the law". Recent incidents causing damage to people and property show that the problem does not lie with mini apartments but with investors failing to meet requirements and standards, along with the joint responsibility of the management agency.

According to Ms. Yen, the housing needs of the people, especially low-income workers, are real and urgent. The authorities are responsible for ensuring that legitimate need, through creating conditions for investors to create housing products that ensure quality and safety. Creating a strict legal corridor will help mini apartments develop healthily, investors will know what is right to do and be assured that they have followed the regulations, and users will be assured that they are protected by a tight legal system.

Priority for rent, limited for sale

Participating in giving comments, Deputy Nguyen Duy Thanh (Ca Mau delegation) said that with the proposal as drafted, if a household has a plot of land of several hundred square meters, it can build a mini apartment for sale without having to establish a business or make an investment project; the project also does not need to carry out procedures such as investment policy, feasibility study report, fire safety approval, construction acceptance... The draft also accepts granting pink books for each mini apartment like a normal apartment. If these policies are passed, mini apartments will develop rapidly, causing great pressure on fire safety and social infrastructure.

Affirming that "people's lives must be put first", Mr. Thanh requested the drafting agency to set out technical standards for mini apartments to meet fire prevention and fighting standards, earthquake safety, and meet planning requirements for population and traffic. At the same time, state management agencies need to step up inspection, examination, and handling of violations, especially in individual housing projects in the style of mini apartments.

Meanwhile, Deputy Nguyen Quoc Luan (Yen Bai delegation) expressed concern when the draft law stipulates conditions for mini apartments like commercial apartments. This is not really suitable and very difficult to implement. He cited that individuals cannot fully meet the conditions of housing project investors (must have legal status, capacity, experience in implementing housing projects...); similarly, if mini apartments are managed according to the apartment building model, there must be a management board, a maintenance fund...

To make it feasible, Deputy Luan suggested that the state focus on managing and controlling planning, urban architecture management regulations, construction licensing, quality standards, fire safety, transaction processes, and usage management. Along with that, simplifying the conditions and administrative procedures so that individuals with land use rights and financial potential can easily participate in developing mini-apartments. In particular, Mr. Luan suggested prioritizing the development of mini-apartments for rent, not allowing or restricting the sale or lease-purchase, so as not to cause disputes and consequences later (such as management, use, repair, maintenance, inheritance, etc.).

Source link: https://thanhnien.vn/siet-quy-dinh-ve-chung-cu-mini-185231027001140026.htm