Which areas of an apartment building are considered private ownership?

Many disputes between common ownership areas and private ownership areas frequently arise due to various factors such as: complex technical designs, lack of transparency from developers, unclear contracts, and inconsistent building management in practices. In this article, TNTP’s lawyers will analyze private ownership areas in apartment buildings to provide readers with an additional perspective on this issue.

1.Definition of Private Ownership Areas in an Apartment Building

• According to Clause 20, Article 2 of the Law on Housing 2023, a private ownership area in an apartment building refers to the area within an apartment or an area that is not an apartment in the building which is recognized as the private property of the apartment owner, together with equipment that is used exclusively within these areas, in accordance with this Law.
• Clause 1, Article 142 of the Law on Housing 2023 also stipulates private ownership areas in apartment buildings, and Article 144 mentions private ownership in relation to parking spaces in apartment buildings.

Therefore, based on the above regulations, it can be seen that private ownership areas in apartment buildings are clearly and specifically regulated under the Law on Housing 2023. These areas belong to different owners who co-exist in the same building and may be categorized into different types such as: areas inside apartment units, or areas that are not apartment units in the building. In addition, parking spaces has also been clearly regulated in terms of ownership and use rights for different subjects outside the shared-use areas of the apartment building.

2.Detailed Analysis

a.Private Ownership Areas in Apartment Buildings

• Clause 1, Article 142 of the 2023 Law on Housing provides that private ownership areas in apartment buildings include:

a)Areas within an apartment unit, including the area of the balcony or loggia attached to that unit;

b)Other areas within the apartment building that are recognized as the private property of the apartment owner;

c)Systems and equipment used exclusively and attached to the apartment unit or other privately owned areas, excluding equipment that belongs to the common ownership of the apartment building. 

It can be seen that this regulation affirms that an apartment unit—with its entire internal space, functional rooms, non-load-bearing partition walls, floor, ceiling, as well as the attached balcony and loggia—is the full private property of the owner. This is a private space specifically identified in the apartment building, ensuring the owner’s legal rights of possession, use, and disposal of the apartment unit in accordance with the law.

The law’s provision regarding “other areas” within an apartment building being recognized as private ownership, if consistent with the project’s legal documentation and the contracts, demonstrates flexibility in accommodating increasingly diverse purposes and new apartment types in modern developments.

In addition to usable areas, the systems and equipment used exclusively and attached to the apartment unit or other privately owned areas—such as electrical systems, telecommunication cables, water pipes within the apartment unit, and technical equipment serving private living needs—also fall under the ownership and disposal rights of the apartment owner. These systems clearly reflect independence and exclusivity and are technically separated from the building’s shared systems.

b.Parking Spaces

Article 144 of the Law on Housing 2023 clearly regulates the ownership regime for parking spaces in apartment buildings and distinctly differentiates between private ownership and common ownership. Regarding private ownership, Article 144 states that car parking spaces with a specific location, designed to be sold or leased separately according to the approved project documents and recorded in the contract, shall be considered the private property of the apartment owner or the developer.

Parking areas for bicycles, two-wheeled motor vehicles, three-wheeled motor vehicles, and vehicles for persons with disabilities for apartment owners and building users are classified as common ownership and common use areas of all apartment owners, and are not considered private ownership areas.

Therefore, within an apartment building, car parking spaces may become private property if they are sold or leased to apartment owners, and the cost of such parking spaces must be included in the selling price or lease-purchase price of the apartment unit.

This concludes TNTP’s article on the topic: “Which areas of an apartment building are considered private ownership?” We hope this article provides value to our readers.

Respectfully,