Not all buildings and houses built without a permit or without a permit will be demolished, in some cases houses and works built without permission or without permission can be "legalized". Here are 03 points to know to legalize unauthorized and illegal builders under Decree 16/2022/ND-CP .
Article table of contents
Legalization of unauthorized builders: 03 points to know (Artwork)
1. What is unlicensed builder legalization?
The essence of legalizing houses and construction works without permission or without permission is the adjustment of construction permits or adjustment of construction designs or applying for a new construction permit for houses and construction works.
2.04 cases of legalization of unauthorized builders
According to Article 81 of Decree 16/2022/ND-CP , the acts specified in Clauses 4, 6, 7 and 8 Article 16 of Decree 16/2022/ND-CP are eligible for construction permits. building or modifying a construction permit or adjusting a construction design that is under construction, including:
- Organizing the construction of works against the contents of the construction permit granted in the case of granting a permit to repair, renovate or relocate the work and a construction permit with a definite term.
- Organizing the construction of works against the contents of the granted construction permit, in the case of a new construction permit.
- Organizing the construction of works without a construction permit, but according to regulations, a construction permit is required.
- Construction of works not conforming to the appraised construction designs in case of exemption from construction permits.
Thus, in these four cases, if they are eligible for a construction permit or adjust a construction permit or adjust a construction design that is under construction, they can be legalized.
3. Procedures for handling unauthorized builders
For the above cases of legalization of unauthorized builders, the handling shall be as follows:
(1) The competent person is responsible for making a record of administrative violations and requesting the organization or individual committing the violation to stop the construction of works.
Within 90 days for construction investment projects, 30 days for separate houses from the date of issuance of the decision to sanction administrative violations (previously 60 days) , organizations and individuals Violators must complete a dossier to request a competent agency to issue a construction permit or an adjusted construction permit or an adjusted construction design and obtain an adjusted construction permit or construction permit or Adjusted construction design.
Dossier of application for a construction permit or construction permit for adjustment or adjustment of construction design shall comply with the provisions of law on licensing, appraisal and supplement of completed documents. the payment of administrative fines.
Competent state agencies are responsible for granting construction permits or adjusted construction permits, and specialized construction agencies are responsible for appraising adjusted construction designs in accordance with law.
(2) Upon the expiration of the time limit specified in Section (1) , the violating organization or individual fails to present the issued construction permit or adjusted construction permit or appraised adjusted construction design, the having the power to impose penalties, issue a written notice requesting the violating organization or individual to dismantle the infringing work or part of the construction work by themselves.
Within 15 days from the date of sending the written notice (according to the postmark) or from the date of receipt of the notice handing over minutes, the organization or individual that commits violations shall have to take the following measures: forced self-demolition of infringing works or parts of construction works.
(3) Within a maximum period of 5 days from the date on which the violating organization or individual presents the construction permit or the adjusted construction permit or the adjusted construction design that has been appraised, the person having The sanctioning authority is responsible for inspecting the current state of the construction work, making a record of the conformity of the current state of the work with the construction permit or the adjusted construction permit or the adjusted construction design. has been appraised.
(4) Organizations and individuals that commit violations are only allowed to continue construction if the minutes of inspection and recording of the current state of the works confirm that the current status of the works is consistent with the issued construction permits, the construction permits. approved building permit or modified building design.
If the current state of the work is not in accordance with the construction permit or the adjusted construction permit or the adjusted construction design that has been appraised, within 15 days from the date of making the inspection record, record Upon recognition of the current state of works, organizations or individuals that commit violations are forced to demolish works or work sections that do not conform to the approved construction permits or adjusted construction permits or adjusted construction designs. determined.
(5) Within the time limit for applying for a construction permit or for an adjusted construction permit or for an adjusted construction design, if the violating organization or individual continues to construct, they shall be handled according to regulations. specified in Clause 13, Article 16 of Decree 16/2022/ND-CP .
Organizations and individuals that fail to take measures to force demolition specified in items (2) and (4) will be coerced to do so in accordance with the law on handling of administrative violations.
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