The Housing Law (Amendment) 2023 was officially passed by the National Assembly on November 27, 2023 and will take effect from January 1, 2025.
In relation to parking spaces in condominiums, Article 144 of this law has been amended, supplementing some new provisions compared to Article 101 of the Housing Law 2014.
Specifically, the new law stipulates that the housing developer must be responsible for disclosing the construction investment costs for parking spaces.
In addition, the housing developer must provide the apartment owners with drawings and layouts of the parking area, clearly indicating the parking spaces in the condominium based on approved documents.
This new law also stipulates that the parking service fees shall be implemented in accordance with legal regulations on pricing. At the same time, the management and operation of parking spaces shall be carried out in accordance with the Regulations on Management and Use of Condominiums.
Article 144 of the Housing Law (Amendment) 2023 also stipulates that parking spaces for bicycles, two-wheeled motor vehicles, three-wheeled motor vehicles, and vehicles for disabled people belonging to the communal ownership and common use rights of the condominium owners and users.
For parking spaces for condominium owners, the decision to purchase or lease shall be made by the buyers or lessees of apartments or other areas in the condominium.
In case of not purchasing or leasing, the parking spaces shall be under the management authority of the housing development project investor, and the costs of constructing parking spaces shall not be included in the selling price or rental price of apartments.
The arrangement of parking spaces in condominiums must ensure priority for condominium owners, and then allocate spaces for public parking.
The purchase or lease of parking spaces is regulated in accordance with the terms in the sales and purchase contracts, lease-purchase agreements, or separate contracts.
In major cities such as Hanoi and Ho Chi Minh City, disputes often arise regarding ownership rights, parking space locations, rental or purchase prices, lease periods, etc., between developers and residents in many condominiums. Therefore, when this new Housing Law is applied, it will somewhat reduce conflicts and resolve many issues for both parties.
TH (Tuoitrethudo)
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Starting 2025, parking construction investment costs will be publicly disclosed by apartment investors.
The amended Housing Law of 2023 was officially passed by the Parliament on November 27, 2023. This law is set to be enforced starting from January 1, 2025.
