The Housing Law (Amendment) 2023 was officially passed by the National Assembly on November 27, 2023 and will take effect from January 1, 2025.
Regarding parking spaces in condominiums, Article 144 of this law has been amended and includes new provisions compared to Article 101 of the Housing Law 2014.
Under the new law, the housing developer is responsible for disclosing the construction investment costs for parking spaces.
In addition, the housing developer must provide 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 states that the parking service fees will be implemented in accordance with legal regulations on pricing. Furthermore, the management and operation of parking spaces will be carried out as per 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 belong to the communal ownership and common use rights of the condominium owners and users.
Regarding parking spaces for condominium owners, the decision to purchase or lease will be made by the buyers or lessees of apartments or other areas in the condominium.
In case of not purchasing or leasing, the management authority of the housing development project will be responsible for the parking spaces, and the construction costs of parking spaces will not be included in the selling price or rental price of apartments.
The arrangement of parking spaces in condominiums must prioritize condominium owners and allocate spaces for public parking.
The purchase or lease of parking spaces is regulated based on 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, the application of this new Housing Law will somewhat reduce conflicts and resolve many issues for both parties.
TH (Tuoitrethudo)
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From 2025, apartment investors will have to publicly disclose the parking construction investment costs.
On November 27, 2023, the Parliament officially passed the Housing Law (amended) 2023, which will come into effect on January 1, 2025.
