Recently, disputes related to the use of internal roads located in clusters of apartment, residential areas in urban areas and the overhead space of those internal roads are tending to increase, leading to immense complex legal consequences. It stems from the fact that the relatively self-contained nature and the connection of external infrastructure to the premises of Residential Areas according to planning policies promulgated by the competent State agency.

Current, a number of residents of Cityland Riverside (District 7, HCMC) have hung banners to protest the expansion of Alley 103 on Nguyen Thi Thap Street, District 7, HCMC to connect with Road No. 2 of the Residential Area, in order to serve the transportation of construction materials for the construction of a housing project on an adjacent land parcel. The main controversial issue is that some views indicating that a “self-contained” residential area would be surrounded by a protective fence and seen as a completely isolated area. Accordingly, the free access of non-residents or the connection to the premises of the residential area is completely not allowed. However, whereas referring to some other opinions, the wall construction is only for the purpose of maintaining security and defining the boundaries of the residential project. Therefore, the connection of roads between residential areas with other external roads depends on the planning policies of the local government from time to time.

Based on our researches and experiences in disputes resolution over the issues regarding the above case, it should be noted that in order to identify what is a “self-contained” residential area, it must be based on many factors such as: (i) Real estate sales contract entered into with the Investor; and (ii) Initially approved plans, design documents, and the planning policies for technical infrastructure of residential areas. However, the current regulations do not apparently stipulate the definition of “self-contained” residential areas, isolated residential areas and have not yet issued documents fully explaining the rights of stakeholders in their management and the use of internal roads or the overhead space of those roads. Hence, to avoid the potential risk might arise to the parties, it is necessary to have the support of professional lawyers who will assist in negation stages as well as unifying understanding to tackle the case on the basis of the best protection of their legitimate rights and interests.

Furthermore, special attention should be paid to the process before signing a real estate sales contract, it is essential that the advice and support of lawyers at this stage to help the parties understand the feature of this “self-contained” model, thereby preventing possible legal risks that may arise in the process of living of residents in their residential areas. Also, due to the complexity of these types of disputes, we realize that each party needs the advice and participation of lawyers who are knowledgeable in the field of real estate as well as having a great deal of experience in handling involved disputes. Along with our experiences and diligent, we trust that DIMAC will be your reliable legal aid partner.