Sub-decree 39 on Borey Management
- Land for construction of Borey must be a single parcel. In the even of construction of borey on multiple parcels, the developer must merge all title in advance.
- Before requesting for approval on the overall plan of Borey, developer shall consult with relevant authorities to reach prior agreement on such overall plan in order to ensure compliance with general land use regulations or land use plan, if any.
- Borey developer shall put in place minimum infrastructure according to the total area of Borey as follows:
- Building containing residential buildings and other construction;
- Public space such as garden, parking lot, common service space;
- Entry-exit way;
- Clean water system, sewage system and dirty water treatment station, solid waste storage, electricity and telecommunication system, safety and fire protection system through the installation of fire hydrant.
- Public space, garden, entry-exit way, common service space and walls of Borey shall be registered as indivisible ownership of the co-owners in Borey for common use by all owners in Borey except for private spaces or private gardens which form parts of separate private lots, residential lots, and other construction land in accordance with the officially approved Overall Plan of Borey.
- Borey Developer shall adopt Internal Regulations before making any announcement for the sale or lease of lots, residential lots, and other construction land developed in Borey. Such Internal Regulations shall be a condition of sale or lease thereof.
- For first-time transfer of lots, residential lots and any construction, Borey Developer shall request for division of land parcels into suitable categories and number of lots, residential lots and other construction land to cadastral authorities, except for Borey constructed on perpetual lease land.
- Borey Developer shall announce to the purchasers of lots, residential lots, and other construction land about the information of the land parcels on which Borey is constructed whether it is land parcel under his/her ownership, perpetual lease or encumbered with other liens and encumbrances.
- Before announcing for the sale and lease of lots, residential lots and other construction land in Borey, Borey Developer shall have such certificate on solvency and financial resource indication from Ministry of Economy and Finance. Such certificate shall be issued to Borey Developer within 30 (Thirty) days after having received request for the same from Borey Developer.
- For first-time transfer of lots, residential lots and other construction land, except for land parcel of co-owned building, Borey Developer shall furnish the Certificate of immovable property to competent cadastral authorities for filing and keeping in the archive record; whereas the cadastral authorities shall return the certificates of immovable property of every lots instead, before the transfer of the relevant lots to purchasers.
- Land parcel merging process as stated in article 6 of this Sub-decree shall incur payable cadastral fee.
- Every land parcel division into categorized parcels, multiple parcels, residential lots and construction lands as stated in article 13 of this Sub-decree shall also incur payable cadastral fee.
- Any and all transfer of rights over the land and residence in Borey shall be incurred with payable cadastral fee and transferred tax as per applicable laws.
- The registration of flat of non-Borey form shall be made pursuant to applicable laws and regulations in force by way of land parcel division for each flat or construction in such project.
- The Flat Construction Developer and respective owner of each flat in a project whereby its Overall Plan and Architectural Plan have been approved by competent authorities may not modify the overall plan and architectural plan or repair the flat or any other building inside flat construction to be different from overall plan and architectural plan.
- Any modification on the Overall Plan and Architectural Plan or reparation work on the flat or other constructions within the scope of such project shall have approval from competent authorities.
- Entrance-exit Road and other public space within the scope of such project shall be considered as public property of the state.