Who owns the common and private area in an apartment building?

In major cities, many apartment buildings are being constructed to meet the growing needs of society. Although apartment buildings serve the living needs of numerous residents, not all areas within these buildings are common property shared by everyone. Some areas are privately owned and used by individual owners. In this article, TNTP will analyze which subject has ownership and usage rights over the common and private areas of apartment buildings.

1.What Is Considered Private Ownership and Common Ownership in an Apartment Building?

• Private Ownership

According to Clause 1, Article 142 of the Housing Law 2023, private ownership is defined as follows:

Private ownership in an apartment building includes:

a) The area within an apartment unit, including balconies and loggias attached to that apartmen

b) Other areas within the apartment building recognized as private ownership of the apartment owner;

c) Systems and equipment used exclusively by a specific owner, attached to the apartment or to another privately owned area, except for equipment classified as common property as stipulated in the law.

As we can see, private ownership refers to the portion of the apartment building where ownership rights are clearly attributed to a specific individual or entity (such as the owner of an apartment unit or another privately owned area). The owner of a private area has the right to possess, use, and dispose of that area (by selling, leasing, lending, inheriting, mortgaging, etc.) within the limits and conditions prescribed by law.

• Common Ownership

According to Clause 2, Article 142 of the Housing Law 2023, common ownership in an apartment building includes:

a) All areas of the apartment building excluding those defined as privately owned in Clause 1, including the community room

b) Shared spaces and structural components such as the frame, columns, load-bearing walls, exterior walls, partition walls between apartments, floors, roofs, terraces, hallways, staircases, elevators, emergency exits, garbage shafts, utility boxes and their enclosing walls (if any), and shared systems for electricity, water, gas, telecommunications, broadcasting, drainage, septic tanks, lightning protection, fire prevention and firefighting, and other parts not classified as private property;

c) Technical infrastructure systems outside the apartment building but connected to it, except for systems designated for public use or those required to be handed over to the State or managed by the project developer according to the approved project;

d) Public facilities within the apartment complex that are not intended for business purposes and are not required to be handed over to the State, such as shared courtyards, gardens, parks, and other facilities as approved in the project.

Hence, common ownership refers to the areas and facilities within an apartment building jointly used by all owners and residents. These areas cannot be divided or privately owned. Common property includes the building’s structural components and shared spaces used collectively by residents, as well as technical systems serving public living needs.

2.Who Owns the Common and Private Areas in Apartment Buildings?

Under Clause 1, Article 142 of the Housing Law 2023, the privately owned areas of an apartment building include apartment units, other recognized private areas, and technical equipment used exclusively for those areas. The owners of these private areas may be individuals, households, or organizations whose ownership has been legally recognized by the State through purchase contracts, lease-purchase agreements, gifts, or other lawful transfer methods.
For other privately owned areas within the building, the investor is recognized as the owner.

Conversely, under Clause 2, Article 142, the common areas of an apartment building include the structural components, shared spaces, and technical systems designed and built for the collective use of all owners in the building—such as load-bearing structures, hallways, staircases, elevators, rooftops, community rooms, electricity–water–communication–fire safety systems, and parking areas for motorbikes and bicycles. These areas are under joint ownership of all apartment and area owners within the building.

The management, use, and maintenance of common property must comply with collective decisions made by the community of owners, represented through the Apartment Building Management Board, and must follow the regulations on management and use of apartment buildings issued by competent state authorities.

Above is the article by TNTP’s legal experts on the topic: “Who Owns the Common and Private Areas in an Apartment Buildings?” We hope this article provides useful insights for our readers.

Sincerely,