Regulations on land for construction of apartment buildings according to the Land Law 2024

Specifically, land for construction of apartment buildings includes residential land to build apartment buildings, construction of works that directly serve the lives of people in the apartment complex and land to build works to serve the community. according to the construction planning approved by the competent authority.
Land for construction of apartment buildings must be consistent with land used for the purpose of constructing public works, non-business works, ensuring environmental hygiene and urban landscape.
In addition, Article 49 of Decree 43/2014/ND-CP clearly stipulates the land use regime for apartment building construction. As follows:
(1) Land for construction of apartment buildings, mixed-use apartment buildings for residential and office use, commercial and service establishments (hereinafter referred to as apartment buildings) includes land for construction of common apartment blocks apartments, land for yards, flowers and trees around apartment buildings, land for construction of infrastructure works.
(2) The investor of an apartment building project is allocated land, leases land, and issues a Certificate of land use rights, ownership of houses and other assets attached to land for the land area of the project. judgment according to the following provisions:
For areas of land for apartment building construction and land for infrastructure construction used by investors for business according to investment projects and detailed construction planning approved by competent state agencies The investor is allocated or leased land by the State and must pay land use fees and land rent; be granted a Certificate of land use rights, ownership of houses and other assets attached to land.
For land areas for roads and other infrastructure works to serve people both inside and outside the apartment building that the investor does not use to provide services according to the investment project, the investor shall The State allocates or leases land for management and construction and does not have to pay land use fees or land rent; Certificates of land use rights, ownership of houses and other assets attached to land are not granted; Hand over to the locality for management of that land area after completing construction according to the investment project, detailed construction planning and land allocation or land lease decision of the competent authority.
(3) Land use rights and issuance of Certificates of land use rights, ownership of houses and other assets attached to land in apartment building projects for sale or for sale combined with rental comply with the following regulations:
(i) Land area under the common use rights of owners of apartments, offices, commercial and service establishments in the apartment building (hereinafter collectively referred to as apartments) includes the area Land to build an apartment block, build a yard, plant flowers and trees around the house and land to build infrastructure outside the apartment building but to directly serve the apartment building is handed over to the investor by the investor. Apartment owners organize their own management and use according to investment projects.
The investor is responsible for clearly determining the location, boundaries, and land area under common use rights in the investment project, detailed construction planning, and construction site design to submit to the competent authority for approval. Browser; in house purchase and sale contracts and construction completion drawings to carry out procedures for granting certificates of land use rights, ownership of houses and other assets attached to land to the buyer.
(ii) Land use rights specified in (i) are common use rights in an indivisible portion. The ratio of land use rights is calculated as the ratio of the apartment area divided by the total floor area of the apartments in the apartment building. The use and disposition of apartment complex land use rights are decided by the majority of people occupying a proportion of the land use rights but must serve the common interests of the community and in accordance with the provisions of law.
Apartment owners are granted a Certificate of land use rights, ownership of houses and other assets attached to land for the common land area specified in (i) for a long-term stable term; The apartment area is determined according to the apartment purchase contract.
(iii) When issuing a Certificate of land use rights, ownership of houses and other assets attached to land to apartment buyers, the Certificate issued to the investor specified in (2) must be corrected. Management of changes to convert to common land use for the land area specified in (i).
Ngoc Linh
Source : https://baoxaydung.com.vn/quy-dinh-ve-dat-xay-dung-khu-chung-cu-theo-luat-dat-dai-2024-374189.html