Pacific Place tenants row over rights
Pacific Place tenants row over rights
A dispute between a group of residents and Pacific Place owner, Ever Fortune JSC sees no end in sight despite a pause in development work as both sides await an official response from authorities and avert further escalation of tensions.
Located at 83 Ly Thuong Kiet Street, Pacific Place is one of the most luxurious buildings in central Hanoi.
The operation of a medical clinic in the basement, a restaurant on the roof top and the addition of three more lifts in the office building next to the residential area were issues of contention between the residents and the property owner. Residents complained that waste from the clinic could harm the environment and that the restaurant was too noisy at night despite closing before midnight. The residents also complained the new lifts would spoil the architecture of the building.
According to Cheng Huan Chai, general director of Ever Fortune, Pacific Place’s management company, after the residents put forward their claims, Hanoi Department of Construction carried out an inspection.
“The clinic and the restaurant both operate under licensed permits and the purpose for the additional three lifts is to enhance the quality of the building. The installation of the lifts was also permitted by the Hanoi Department of Construction,” the Ever Fortune spokesman confirmed.
“We’re aware of the regulations related to the upkeep of the building and proper environment controls. These include proper and separate collection and disposal of discards from the clinic and minimising noise disturbances when installing the lifts. In fact, before the start of the work we met with residents in late May to inform them about the expected inconveniences and we were not made aware of any objections then,” he said.
He further explained that a dedicated 24-hour hot line and an email address had been set up for residents to provide their comments and feedback.
However, a group of residents was demanding more. They wanted the investor to remove the clinic and the restaurant from the building, and to stop construction while awaiting a final decision from authorities.
According to Nguyen Hong Minh, director of the PMC property management company, defining public and private areas between residents and property owners in high-rise buildings was one of the main conflicts.
The basic foundation to resolve the dispute however, according to Minh, was to define which kind of the contract was signed between residents and building owner.
Residents would have the right to use areas in the building as outlined in the civil code if a purchasing contract was signed between two sides. If they possessed a lease contract, then the two sides would be bound by the contract’s articles, Minh said.
“As an investor and manager for Pacific Place, our interests are very much aligned with both our residents and office tenants. By improving the quality of the building, we will be able to improve the overall environment as well as positioning for the building, and ultimately, increase value for all,” Chai said.
Apart from the issues of contention, residents also claimed that the company had used one basement for a clinic and there was no longer sufficient room for residents to park their cars.
Pacific Place has five basements. The second to fifth level basements are reserved for car parking leaving ample space for residents as well as office workers to park. In addition, the fifth level basement is not being used.
According to the original plans submitted for approval by the Hanoi Department for Zoning and Architecture in 2005, the first level basement, where the clinic is located, was marked for business use.
Completed in 2007, Pacific Place is now owned by Singapore’s Mapletree group. It consists of 144 long-term leasing units and 35 serviced apartments in one part of the building, while more than 60 companies, enterprises and embassies are occupying office space in another part of the building.
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