New Building Regulations Must Have the Basement: There Is A time … Dispute?

Ha Noi has issued regulations on guidelines for determining the size of parking basement for construction investment projects in the city. In that, the requirements for the new apartment building projects are a mandatory basement.  Will this new regulation stop the disputed apartment basement that lasted long time ago?

Ho Guom Plaza residents protest against investors

Over the past few years, there has been a series of apartment-building disputes about basement between investors and residents in Ha Noi. Many inconsistencies lasted from year to year but have not been resolved thoroughly to make public opinion more urgent.

For example, in CT3 Le Duc Tho apartment building, the dispute over the management of apartment and basement has been going on for nearly 2 years but the conflict between the resident and the investors of the C’land Company is still not “down the heat”.

As reflected, the first time the tension between residents and investors revolve around the management, use maintenance funds, handed over the apartment. However, the old story is not complete, the residents are “hot” when the owner asserted, 2 basement garages is owned by the enterprise.

After many dialogues do not solve the problem, too deadlock in how to solve, recently, the representative of CT3 Le Duc Tho apartment has appealed to the People’s Committee Ha Noi and other authorities request to participate to solve the pressing problems that are going on in this apartment.

Notably, before the tension between the owner and the residents, the Department of Construction Ha Noi City has twice sent a letter to the investor that C’land Company hand over the building management to the Board. However, the C’land side deliberately “ignored”.

According to the reporter’s understanding, the problem of the basement dispute CT3 Le Duc Tho and unresolved because the investor is C’land Company said when building the apartment they do not include the basement area on the selling price, so the basement must be under the management of the investor, While residents say that the apartment has been built, there must be a basement for parking. Because the apartment does not have basement parking, they will not buy at the price offered by the investor.

Regarding the problem of basement management of construction works in general and apartment building in particular, recently, Ha Noi has issued regulations on guidelines for determining the size of parking basement for construction investment projects in the city.

Accordingly, for new construction investment projects, Ha Noi requires the construction of a parking basement to ensure adequate parking space for the needs of the building itself. Particularly for houses, regardless of types of works, such as high-grade apartments, commercial houses, social houses, resettlement …, they must meet the regulations on construction of basements.

In particular, the guide also states that for mixed-use developments within the historic metropolitan area, every 100sqm of floor space used in a mixed-use building will require 34sqm of parking and in the expanded urban area of 27sqm.

Target parking area for new construction

Similarly, with the land in the historic metropolitan area, each square meter of used space must have 31 square meters of parking space, the expanded 24 square metropolitan area and 20 square meters outside the metropolitan area. The document also stipulates parking area for public works ranging from 25-37sqm and offices and schools from 13-24sqm.

In this document, the authorities also encourage, research works to add more basement area than prescribed.

Talking to reporters about the new regulation issued by Ha Noi, Lawyer Tran Tuan Anh, Director of Minh Bach Law Firm (Ha Noi), asked: “Forced to have basement and under common ownership or complete basement construction, investors and residents have to agree who has the right to exploit, have management rights”.

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According to lawyer Tran Tuan Anh, the compulsory apartment must have basement only solve the problem of structure or serve some purpose of the manager rather than the story of conflicts of interests between the investors and the resident – This problem is complicated and is a major dispute currently occurring in apartment buildings.

According to the regulations of Hanoi, the new building is forced to have basement

“A new regulation, especially those that affect many objects such as this regulation, should be directed towards one or more purposes, regulatory authorities should clarify right in the text to avoid the status of the text after the promulgation, the practical application, “who understand what kind of thing is” will be very dangerous. Thus, not only did not achieve the purpose of management but accidentally created more disputes in the common story – which is very complex today” said lawyer Tran Tuan Anh.

Refers to the guiding provisions for mixed works built in the inner city that must meet the standard of 34sqm parking /100sqm floor…, lawyer Tran Tuan Anh said that this regulation There will be nothing special if the regulator does not adequately explain the question:  Why is it a 34/100 rate that is not 33/100 or 35/100? What is the benefit for the people, for the investor and for regulatory authorities?

When the authorities answer these questions and when everyone is satisfied, the rules will be enforced in my opinion. Doing the law should be so clear, do not look at one side from the regulator but put it in the general context of the society, from the perspective of the owner and especially from the interests of the home buyer. There is a new law can quickly come to life” Director of Minh Bach Law Firm said.

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