The 2014 Construction Law stipulates that before commencing construction work, the investor must obtain a construction permit (GPXD) issued by a competent state authority. This rule applies to individual houses as well.
General Conditions for Issuing Construction Permits for Individual Houses in Urban Areas:
- Compliance with the land use purpose according to the approved land use planning; conformity with the detailed construction planning;
- Ensuring the safety of the structure, adjacent structures, and meeting environmental protection, fire and explosion prevention requirements;
- Ensuring the safety of technical infrastructure, protection corridors of irrigation works, dikes, energy structures, transport projects, cultural heritage areas, historical-cultural relics;
- Ensuring safe distances from flammable, explosive, toxic works and important works related to national defense and security;
- The design of individual houses must comply with the following regulations:
+ Compliance with applicable standards, technical regulations, legal regulations on the use of building materials, meeting functional use requirements, and applied technology (if any); ensuring structural safety, use safety, aesthetics, environmental protection, climate change adaptation, fire and explosion prevention, and other safety conditions;
+ Households are allowed to self-design individual houses with a total construction floor area of less than 250 m² or under 3 stories or height below 12 meters, in accordance with the approved construction planning, and are legally responsible for the design quality, the construction's impact on the environment, and the safety of adjacent structures;
- The dossier requesting the construction permit.
For individual houses in stabilized urban areas or streets which do not yet have detailed construction planning, compliance with urban planning and architectural management regulations or urban design issued by competent state agencies is required.
For individual houses in rural areas, the construction must comply with detailed residential area construction planning in rural settlements.
Dossier for Requesting Construction Permit:
- Application for construction permit (Appendix 01 Circular 15/2016/TT-BXD);
- A copy or a file containing a photo of one of the documents proving land use rights as prescribed by law on land;
- A copy or a file containing photos of two sets of approved technical design drawings or construction drawing designs as prescribed by law on construction, each set including:
+ Site plan of the structure on the plot at a scale of 1/50 - 1/500 accompanied by the project location map;
+ Floor plans, elevation views, and main cross-sections of the structure at a scale of 1/50 - 1/200;
+ Foundation plan at a scale of 1/50 - 1/200 and foundation cross-section at a scale of 1/50, accompanied by the drainage system connection diagram, wastewater treatment, water supply, electricity supply, information system at a scale of 1/50 - 1/200.
In cases where the construction design of the project has been appraised by a specialized construction agency, the design drawings specified in this Clause are copies or files containing photos of the construction design drawings that have been appraised by the specialized construction agency.
- For infill construction projects with basements, in addition to the above documents, the dossier must also include a copy or a file containing a photo of the investor's construction method approval document ensuring safety for the project and adjacent structures.
- For construction projects with adjacent structures, the investor must provide a commitment ensuring the safety of the adjacent structure.
Legal Basis: Construction Law 2014, Circular 15/2016/TT-BXD.
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