Currently, the 2015 Civil Code stipulates the principle of using adjacent real estate in Article 248 as "not to prevent or make it difficult to exercise rights to the real estate with rights".
Accordingly, when neighbors build houses, adjacent real estate parties are not allowed to cause difficulties or prevent their neighbors from exercising their rights regarding adjacent real estate as stipulated in Chapter XIV of the 2015 Civil Code, including the right to use common walkways, the right to lay water pipes, install electric wires, etc. (if required).
However, the current law does not regulate the case of scaffolding to a neighbor's house to plaster the wall.
Therefore, if when building a house, the neighbor refuses to allow plastering the wall, the builder should first negotiate and reach an agreement with the neighbor to exercise this right and propose compensation if damage occurs such as dropping paint, mortar, etc. onto the neighbor's house.
In reality, there are many cases where people build houses but are obstructed by neighbors, not allowing them to plaster the walls. (Photo: Illustration)
In case of failure to negotiate, the People's Committee can act as a third party mediator.
The law currently stipulates that when disputes arise related to land, the State encourages the parties to reconcile with each other first or through mediation at the grassroots level. Mediation is mandatory before filing a lawsuit.
If reconciliation is still not possible, the person who built your house can submit a complaint to the People's Committee of the commune or ward (according to the provisions of Clause 2, Article 235 of the 2024 Land Law) or file a lawsuit in the district court.
In addition, acts of persistently obstructing or causing difficulties in the exercise of land users' rights will be punished according to the provisions of Clause 2 and Clause 3, Article 15 of Decree 123/2024/ND-CP and will be fined from VND 5,000,000 to VND 10,000,000.
Acts of obstructing or causing difficulties in land use and the exercise of land users' rights are prohibited acts according to the provisions of Clause 10, Article 11 of the 2024 Land Law. Accordingly, anyone who commits prohibited acts will be fined from 5 to 10 million VND.
Source: https://vtcnews.vn/hang-xom-khong-cho-trat-tuong-thi-giai-quyet-lam-sao-ar908892.html
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