According to the provisions of Clause 3, Article 3 of the 2014 Housing Law, apartment buildings are:
Apartment building means any multi-storey building which has multiple apartments, public stairs, hall ways, private areas, common areas and common infrastructural works for organizations, households or individuals, including apartment buildings for residential use and mixed-use buildings for both business and residential purposes.
Currently, the law still does not have specific regulations on “mini apartments”, however, in Clause 2, Article 46 of the 2014 Housing Law, there are relevant regulations as follows:
In case the household or individual is permitted to build a multi-storey house whose each storey has two self-contained apartments or above satisfying minimum floor area standards, private areas and common areas in the apartment building as prescribed in this Law, each apartment shall be recognized the homeownership.
Thus, it can be understood that a “mini apartment” is a house built by households or individuals, consisting of 2 or more floors, on each floor there are 2 or more apartments and each apartment usually has an Area from 30 m2 to 50 m2, suitable for low-income people or small families.
II. What actions are prohibited in the management and use of mini apartments?
According to the provisions of Article 35 of Decree 99/2015/ND-CP, prohibited acts in the management and use of mini apartments are as follows:
1. Using the funding for management, operation, and maintenance of shared area against provisions of the Law on Housing, this Decree, and the Statute on management and use of apartment buildings promulgated by the Ministry of Construction.
2. Causing permeation or leakage; make noise beyond the limits specified by law; discharging garbage, wastewater, exhaust gases, toxic substances against regulations of law on environmental protection or internal regulations on management and use of the apartment building.
3. Breeding animals in the apartment building.
4. Painting, decorating the outer sides of the apartments of apartment building against regulations on its design and architecture.
5. Repurpose the share area of the apartment building without permission; repurpose the non-residential area in the apartment building against the designed approved by a competent authority.
6. The following business lines are prohibited in the business area of an apartment building:
a) Explosive, combustible materials, and business lines that endanger life and property of users of the apartment building as set out in regulations of law on fire safety;
b) Discotheque business; repair of motor vehicles; slaughtering, provision of services causing pollution as set out in regulations of law on environmental protection.
Restaurant, karaoke, and bar business must ensure noise isolation, fulfillment of fire safety requirement, have emergency exits, and conformity with other business conditions prescribed by law.
7. Committing other prohibited acts related to management and use of apartment buildings specified in Article 6 of the Housing Law.
III. Issue Certificates to buyers of mini-apartment houses
Hanoi People’s Committee issues Certificates to buyers of mini-apartment houses according to the provisions of Clauses 2 and 3, Article 22 of Decision 24/2014/QD-UBND:
2. The mini-apartment apartment is built according to the License issued by a competent authority, ensuring standards, construction regulations and detailed construction planning at a scale of 1/500 or urban construction planning. For areas that have been planned and approved by competent authorities according to the provisions of law on construction, a Certificate will be issued with the form of land use being general use. In case the construction project does not have a License or is built without a permit, the household or individual building the mini apartment building will not be granted a Certificate.
3. Households and individuals building mini apartment buildings, on behalf of apartment buyers, carry out procedures for issuance of ownership certificates for those apartments when carrying out procedures for transferring land use rights and transferring ownership rights. Own housing according to regulations.
IV. Authority to issue Construction Permits for mini apartments
According to the provisions of Article 103 of the Construction Law 2014 (amended by Clause 37, Article 1 of the Amended Construction Law 2020), there are the following provisions:
The Provincial People’s Committee issues construction permits for works that require a construction permit in the province, except for works under the licensing authority of the District People’s Committee.
The Provincial People’s Committee decentralizes and authorizes the Department of Construction, the Management Board of industrial parks, export processing zones, high-tech zones, economic zones, and district-level People’s Committees to issue construction permits within their functions. and the scope of management of this agency.
– District-level People’s Committees issue construction permits for level III, level IV works and individual houses in the area under their management.
– The agency competent to issue construction permits is the agency that has the authority to adjust, extend, reissue and revoke the construction permit it issues.
– In case the agency competent to issue construction permits does not revoke the construction permit issued improperly, the Provincial People’s Committee shall directly decide to revoke the construction permit.
To save time on researching procedures, filling out forms, notarizing, and waiting to submit documents, you can contact HT for consultation and assistance with construction permit.
Contact us at:
Email: hue.truong@htlaw.vn
Phone: +84 935 439 454.