“Excessive Setback Construction Leads to Denial of Land Titles for Multiple Social Housing Units”

Authorities have denied the issuance of "pink books" for numerous apartments in the Aranya Hue social housing complex due to violations of the building setback regulations relative to the red line boundary.

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On October 3rd, the Hue City Land Registration Office announced that the refusal to issue land use right certificates and property ownership certificates (red books) for certain apartments in the Aranya Social Housing Project (Vy Da Ward, Hue City) was due to the building’s violation of setback regulations as per the construction permit.

CT3 Building of the Aranya Hue Social Housing Project violates the setback regulations from the red line boundary.

According to the office, out of 221 applications for “red books” submitted by transferees in the project developed by Aranya Vietnam Joint Stock Company, 218 have been processed and approved. However, 3 applications for apartments in CT3 Block—6C8 on the 6th floor, 5C3 on the 5th floor, and 3C19 on the 3rd floor—were rejected.

The reason provided is that the construction does not comply with the setback requirements specified in the adjusted construction permit issued by the Hue City Department of Construction on May 20, 2020, for CT3 and CT4 Blocks (CT4 is yet to be constructed).

The northern side of CT3 Building violates the setback regulations from the red line boundary.

Upon investigation, the adjusted construction permit stipulates a setback of 6.67 meters from the red line boundary of the planned road to the north of the site for CT3 and CT4 Blocks. However, actual measurements reveal that CT3 Building has a setback of only 4.86 meters.

Citing Decree 101/2024/NĐ-CP, the Hue City Land Registration Office confirmed that these applications fall outside their jurisdiction due to non-compliance with legal uniformity and incomplete documentation. On August 6th, the office returned the applications to the transferees and notified the Hue City Public Administration Service Center and Aranya Vietnam Joint Stock Company, guiding the developer to rectify the necessary legal procedures.

To date, the Hue City Land Registration Office has not received any supplementary documents or adjustment requests from the developer regarding the 3 apartments in the aforementioned social housing complex. Therefore, the issuance of “red books” for these cases can only proceed once the competent construction authority provides a resolution for the violating sections of the building.

The Aranya Social Housing Project comprises 3 high-rise buildings—CT1, CT2, and CT3—totaling 512 apartments. CT3 Block includes an additional mezzanine level, with the ground and mezzanine floors designated for commercial services, parking, and community activities; apartments are located on floors 2 through 9. Since 2020, the developer has launched the first phase, offering 156 apartments ranging from 45 to 70 square meters. Notably, the frontage of CT3 Block facing the planned road to the north of the site features numerous apartments.

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