TỰ CẢI TẠO NHÀ CHUNG CƯ THEO SỞ THÍCH CỦA MÌNH THÌ CÓ ĐƯỢC HAY KHÔNG? / IT IS POSSIBLE TO

Situation: Mr. A bought an apartment in building X. After moving in, Mr. A was not satisfied with the apartment’s structure; he wanted to demolish a part of the exterior wall to enlarge the balcony, install an iron frame enclosing the exterior facade of the apartment, and construct an additional mezzanine inside the unit. Mr. A proposed that as this apartment belonged to his own rights, he shall have the right to make such alterations. In this case, is Mr. A legally entitled to carry out these renovations? 

Response:

Clause 3, 20, 21 Article 2 of the Law on Housing 2023 stipulates that Apartment buildings refer to buildings with at least 02 storeys, multiple dwelling units, common staircases and common walkways, private property and common property, common infrastructures and amenities for use by households, individuals, and organizations, including apartment buildings built for residential purposes and apartment buildings built for mixed-use purposes. Where "Private property in apartment buildings" refers to the remaining area in dwelling units or outside of dwelling units recognized as privately owned by apartment building owners, and to equipment used in dwelling units and in areas outside of dwelling units under the ownership of apartment building owners, in accordance with this law. The term "Common property" in apartment buildings refers to the remaining areas in apartment buildings, other than private areas owned by apartment building owners, and equipment for common use in the apartment buildings, in accordance with this Law. 

According to point b, c clause 8 Article 3 of the Law on Housing 2023 stipulates prohibited actions in management and use of apartment buildings, including acts of intentionally changing occupancy, use purposes of common property of apartment buildings; using dwelling units for purposes other than residential; altering or damaging load-bearing elements; separating or splitting dwelling units without permission of competent authorities. 

Accordingly, the acts of demolishing the exterior wall and enlarging the balcony may violate the common property and the buildings’ load-bearing elements; Installing an iron frame enclosing the exterior facade may change the buildings’ design and exterior architecture; Constructing an additional mezzanine inside the unit may alter the intended use, load-bearing capacity, and usable floor area of the apartment, and such alteration requires a construction permit as well as technical approval. As a result, the aforementioned acts of Mr. A may be determined as not entitled to intentional acts. 

Accordingly, if intentionally Painting or decorating exterior of dwelling units or apartment buildings in a manner that violates design and architecture regulations, Illegal occupying residential space; encroaching upon the surrounding space, encroaching upon areas under common ownership, or encroaching upon areas under the private ownership of other owners in any form; or Intentionally altering load-bearing elements or altering design of the private property in apartment buildings, it may be subject to a fine of 10 million to 40 million dong according to Article 70 of Decree No. 16/2022/ND-CP (Note, the fine mentioned above is the penalty applied to individuals. For organizations, the fine shall be twice as the individuals’ penalty). Besides, the violated persons may apply corresponding remedial measures.

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