Is it necessary to adjust construction permits in Vietnam if number of stories of the work is reduced?
Is it necessary to adjust construction permits in Vietnam if number of stories of the work is reduced? Our company is preparing to build an office building, we have obtained a construction permit. However, our company is looking to reduce the number of floors compared to license, so is it necessary to adjust construction permits ? If yes, what is application for modification to construction permit?
1. Is it necessary to adjust construction permits in Vietnam if number of stories of the work is reduced?
Pursuant to Clause 1, Article 98 of the Law on Construction 2014, ajustment of construction permits is as follows:
1. In the course of construction, if there are adjustments to the design resulting in changes in one of the following contents, project owners shall request adjustment of construction permits:
a/ Change of the external architecture of the work, for works in urban centers or areas subject to architecture management requirements;
b/ Change of one of the following factors: construction location and area; size, height and number of stories of the work and other factors affecting its main force-bearing structure;
c/ Adjustment of the interior design of the work resulting in a change of its utility and affecting safety, fire and explosion prevention and fighting or environmental protection.
Thus, according to the above regulations, when change of height and number of stories of the work, it is mandatory to change the construction permit, even in the case of reducing the number of stories of the work in Vietnam.
2. What is application for modification to construction permit in Vietnam?
In Clause 2, Article 51 of Decree 15/2021/ND-CP, application for modification to construction permit is as follows:
2. Application for modification to construction permit includes:
a) An application form for modification to construction permit No. 02 of Appendix II hereto;
b) An original of the issued construction permit;
c) 02 sets of construction design drawings in adjusted construction design documents following the basic design approved in accordance with the relevant construction law as prescribed in Article 43, Article 44, Article 45, Article 46 or Article 47 of this Decree;
d) A report on appraisal results and approved adjusted construction design (except for detached houses) of the investor, which must contain the content about load-bearing safety, fire safety, environmental protection.
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