Inconsistency in calculating the area of commercial and resettlement apartments

Inconsistency in calculating the area of commercial and resettlement apartments

According to Ha Duong Law Firm (in Hanoi), the Company recently received a number of questions from households who are able to arrange resettlement houses regarding the identification of apartment area.

Specifically, these households found that their resettlement apartment area recorded in the Certificate of residential land use rights and house ownership is much smaller than that of other commercial apartments (Certificate issued in year 2016), although the actual area of ​​the 2 apartments is the same.

Through research, the Company knows that the floor area of ​​the resettlement apartments is smaller than that of other apartments because of different measurements.

In 2008, people will be provided with a resettlement apartment, the area stated in the resettlement plan is the Built-up area. People buy a part of the investor's area, also calculated according to the Built-up area.

However, when making a dossier of application for a Certificate of residential land use and house ownership, the Housing Management and Development Enterprise provided the Land Registration Office with the floor area of ​​the house. Households calculated according to Circular 05 / BXD / ĐT dated February 9, 1993 of the Ministry of Construction guiding the method of determining usable area and house classification to record information in the Certificate.

For calculation according to Circular 05 / BXD / ĐT, the apartment's internal walls are not included and only half of the balcony is counted. Therefore, the usable floor area will be smaller than the usable floor area of ​​a commercially purchased apartment.

The company has researched but found no detailed regulations on this. The representative of the Housing Management and Development Enterprise (the unit that provides information to the Land Registration Office to write the area in the Certificate) also did not give a basis to explain clearly to the people.

Circular 05 / BXD / ĐT is the implementation of the Prime Minister's Decision No. 118 / TTg of November 27, 1992 on housing rental rates and bringing house fees to wages. The company has not found a link between this Circular and the recording of floor area used by residents for resettlement.

Through the system of receiving and responding to recommendations of enterprises, Ha Duong Law Firm asked the competent authority to answer, regarding the area of ​​the apartment building that is arranged for people for resettlement, the floor area used to record information in the Certificate is calculated according to Circular 05 / BXD / ĐT or the general provisions in Clause 2, Article 101 of the Law on Housing 2015 and guidance in Circular 03/2014 / TT- BXD?

If applying the Circular 05 / BXD / ĐT in 1993 of the Ministry of Construction, what are the legal provisions?

Regarding the proposal of Ha Duong Law Firm, on March 4, 2019, the Government Office issued Document No. 1756 / VPCP-ĐMDN to forward the recommendations to the Ministry of Construction for consideration, handling and reply to enterprises. According to your authority, send it to the Government Office to make it public on the Government's website before March 22, 2019.

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