Real Estate and Construction

Common vs Private Areas: What Buyers Must Know

Apartment floor plan showing common and private areas

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