Is it necessary to apply for a construction permit to renovate the terrace into one bedroom? What documents are required to apply for a home renovation permit in Vietnam?
Is it necessary to apply for a construction permit to renovate the terrace into one bedroom?
According to Article 89 of the 2014 Construction Law of Vietnam as amended by Clause 30, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam on the grant of construction permits as follows:
“Article 89. General provisions on grant of construction permits in Vietnam
1. Construction works required to have construction permits granted by competent state agencies to project owners in accordance with regulations laid down herein, except the cases prescribed in Clause 2 of this Article.
2. Cases in which construction permit is exempted:
a) Works involving state secrets; works constructed under emergency orders;
b) Works of projects using public investment funds in which the construction investment is decided by the Prime Minister, heads of central-level agencies of political organizations, People’s Supreme Procuracy, People’s Supreme Court, State Audit Office of Vietnam, Office of the President, the Office of the National Assembly, ministers, heads of ministerial-level agencies, Governmental agencies, central-level agencies of Vietnamese Fatherland Front and of socio-political organizations or chairpersons of People’s Committees at different levels;
c) Makeshift construction works as prescribed in Article 131 hereof;
d) Works undergoing repair or renovation of their interior parts or works undergoing repair or renovation of their external architecture not facing roads in urban centers subject to architectural management requirements of competent state agencies; such repair or renovation does not alter the functions and force-bearing structures of the works, and must be conformable with construction planning approved by competent state agencies and requirements on fire and explosion prevention and fighting, and environmental protection;
[…]
3. Construction permits include:
a) New construction permit;
b) Repair and renovation permit;
c) Relocation permit;
d) Definite-term construction permit.
[…]”
According the above regulations, in case you want to renovate the terrace into a bedroom, which has altered the functions and force-bearing structures of the house, it is not exempt from the construction permit according to the above regulations. Therefore, you must apply for a home renovation permit.
Home renovation permit in Vietnam (Image from the Internet)
What documents are required to apply for a home renovation permit in Vietnam?
Pursuant to Article 96 of the 2014 Construction Law of Vietnam as amended by Clause 35, Article 1 of the 2020 Law on amendments to Construction Law of Vietnam as follows:
“Article 96. Dossiers of application for construction permits for repair and renovation of works
1. An application for a permit for repair and renovation of a work.
2. A copy of one of the papers proving the right to own, manage or use the work or house in accordance with law.
3. Drawings or photos of the part or item of the work or house to be renovated.
4. A written approval of a state management agency in charge of culture of the necessity of construction and the size of the work, for ranked historical and cultural relics and scenic works.”
In Article 47 of Decree 15/2021/ND-CP of Vietnam, there are also specific provisions on this issue as follows:
“Article 47. Application for issuance of a construction permit in case of repair and renovation of works
1. An application for issuance of repair or renovation permit of detached house and work using Form No. 01 Appendix II hereto.
2. One of the documents proving the ownership, management and use of the work or detached house according to the provisions of law.
3. As-built drawings of parts of the works expected to be repaired or renovated, approved as prescribed in a scale in proportion to the scale of the drawings of the application for repair and renovation permit and photos (minimum size 10 x 15 cm) of actual existing condition of the work and adjacent works before the repair and renovation.
4. Repair, renovation design documents equivalent to each type of work as prescribed in Article 43 or Article 46 hereof.
5. For works of historical and cultural relics and scenic beauties that have been ranked, there must be a written approval of the need for construction and work size issued by the cultural authority.”
So, in order to renovate the terrace into a bedroom, you need to prepare the documents including the above documents.
What is the penalty for renovating the terrace into a bedroom without a construction permit?
Pursuant to Point a, Clause 7, Point c, Clause 15 and Clause 16, Article 16 of Decree 16/2022/ND-CP of Vietnam stipulating violations of regulations on construction order as follows:
“Article 16. Violation of regulation on construction order
[…]
7. Impose penalties for organizing construction without construction permit when the construction permit is required as follows:
a) A fine ranging from VND 60.000.000 to VND 80.000.000 shall be imposed in case of detached houses;
[…]
15. Remedial measures:
[…]
c) Mandated dismantlement of structure, or parts of structure that violate regulations for violations under Clause 4, Clause 6, Clause 7, Clause 8 (if the violations have concluded), Clause 9, Clause 10, Clause 12, and Clause 13 of this Article.
[…]”
Thus, when renovating the terrace into a bedroom without a construction permit meanwhile a permit is required, a fine of between VND 60,000,000 and VND 80,000,000 may be imposed. At the same time, imposing remedial measures to force the dismantlement of structure, or parts of structure that violate regulations.
Fine imposed on an individual shall equal half of that imposed on an organization for the same violation (as prescribed at point c, clause 3, Article 4 of Decree No. 16/2022/ND-CP of Vietnam).
LawNet
