Building a House Not in Accordance with the Issued Construction Permit: What Are the Possible Penalties? Is Construction Required to Stop if the House is Not Built According to the Permit?
What are the penalties for building a house not in accordance with the issued construction permit?
Based on Point a Clause 6, Point c Clause 15 Article 16 of Decree 16/2022/ND-CP which stipulates penalties for violations of construction order, as follows:
Violations of construction order regulations
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6. Penalties for the act of organizing the construction of a building inconsistent with the content of the issued construction permit in case of a newly issued construction permit are as follows:
a) A fine ranging from VND 30,000,000 to VND 40,000,000 for constructing detached houses;
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15. Remedial measures:
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c) Compulsory demolition of the work or part of the work in violation of the provisions of Clauses 4, 6, 7, 8 (for completed violations), 9, 10, 12, and 13 of this Article.
16. For the acts stipulated in Clauses 4, 6, 7, and 8 of this Article that are in the process of construction, apart from fines as prescribed, it is also required to follow the procedures stipulated in Article 81 of this Decree.
17. Cases where construction does not conform to the issued construction permit but does not require adjustment of the construction permit according to the provisions of the Construction Law shall not be considered acts of construction contrary to the content of the issued construction permit.
The act of constructing a detached house that does not conform to the content of the issued construction permit may be subject to a fine ranging from VND 30,000,000 to VND 40,000,000.
In addition, the remedial measure of compulsory demolition of the house or part of the house built in contravention of the issued construction permit must be applied.
Note: In cases where construction does not conform to the issued construction permit but does not require adjustment of the construction permit according to the provisions of the Construction Law, it shall not be considered an act of construction contrary to the content of the issued construction permit.
The above fines apply to organizations. For individuals violating, the fine is equal to 1/2 that of the organization.
What are the penalties for building a house not in accordance with the issued construction permit? Must construction be halted if it does not follow the permit?
Must construction be halted when building a house not in accordance with the issued construction permit?
Based on Clause 3 Article 56 of Decree 15/2021/ND-CP which regulates construction order management:
Construction order management
1. The management of construction order must be carried out from the time of receiving the notice of commencement, commencement of construction until the work is handed over for use in order to detect, prevent, and promptly handle any arising violations.
2. The content of construction order management:
a) For works that are issued construction permits: The management of construction order must conform to the contents of the issued construction permit and relevant legal provisions;
b) For works exempt from construction permits, the content of construction order management includes: inspecting compliance with conditions for issuance of construction permits for works exempt from construction permits under point g Clause 2 Article 89 of the Construction Law 2014 amended and supplemented under Clause 30 Article 1 of Law No. 62/2020/QH14, compliance of construction with the construction plan or technical infrastructure plan or approved urban design and architectural management regulations, and compliance with relevant legal provisions; inspecting the conformity of construction with major design parameters that have been appraised where construction designs are appraised by specialized construction agencies.
3. When detecting violations, the competent authority managing construction order must request a halt to construction, handle according to competency or recommend competent authorities to handle construction order violations as prescribed.
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When the act of constructing a house not in accordance with the issued construction permit is detected, the competent authority managing construction order must request a halt to construction or recommend competent authorities to handle construction order violations as prescribed.
What must be included in a construction permit?
Based on the provisions of Article 90 of the Construction Law 2014 on the contents of a construction permit:
Essential contents of a construction permit
1. Name of the project work.
2. Name and address of the investor.
3. Location, position of the construction work; construction line for linear constructions.
4. Type and grade of the construction.
5. Construction elevation.
6. Red boundary line, construction boundary.
7. Construction density (if any).
8. Land use coefficient (if any).
9. For civil works, industrial works, and detached houses, in addition to the contents specified in Clauses 1 to 8 of this Article, the total construction area, floor area of the ground floor (first floor), number of floors (including basement, attic floor, technical floor, terrace), and maximum height of the entire work must be included.
10. Construction commencement date, not exceeding 12 months from the date of issuance of the construction permit.
Thus, the construction permit must include the aforementioned contents.
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