The most expensive square metres in your building are the ones nobody clearly owns. Common-vs-private disputes are Vietnam’s signature apartment conflict — here is the map.
What the law divides
The Housing Law 2023 separates private areas (your unit; the developer’s separately-owned commercial space) from common areas (load-bearing structures, corridors, elevators, shared technical systems, common yards). The sale contract’s appendices and as-built drawings should draw this line precisely.
The classic battlegrounds
- Basements and parking — developer-kept or common? The contract decides, and vague contracts breed lawsuits.
- Roofs and terraces — penthouse “private” roofs often turn out legally common.
- Podium commercial space — lobbies and retail areas whose ownership the developer quietly retained.
- Unit measurement — clear-height (thông thủy) vs wall-centerline methods can differ by several percent. Your contract must state the method.
Disputes run: negotiation → management board → Department of Construction → court. Read the appendices before you need them.
Frequently Asked Questions
What counts as common vs private area?
Your unit and the developer’s separately-owned commercial areas are private; structures, corridors, elevators, shared systems and common yards are common. The contract appendices should map this precisely.
Is the penthouse roof terrace private?
Only if the contract and as-built drawings say so — many ‘private’ penthouse roofs are legally common areas. Verify before paying a premium for one.
How are these disputes resolved?
Negotiation first, then the management board, then the Department of Construction, and finally the courts.
This article has been quality-reviewed by the FLAW AI Legal Council
