Law on Construction (Amended) 2020 officially took effect on January 1, 2021, and specifically stipulates about buildings and individual houses exempted from construction permits. So, what types of buildings and individual houses are required to have construction permits?
Article table of contents
.png)
05 types of construction works, individual housing must have a building permit from 2021 (Illustrative image)
According to the provisions in Clause 30 Article 1 of the Law on Construction 2020 Amended amending and supplementing Article 89 of the Law on Construction 2014, the cases where construction works, individual housing in rural areas are exempt from building permits include:
- Individual housing with a scale of fewer than 07 floors belonging to an urban construction investment project, residential construction investment project with a 1/500 detailed planning approved by the competent state agency;- Level IV construction works, individual housing in rural areas with a scale of fewer than 07 floors and in areas without urban planning, functional area planning, or detailed planning for rural residential points approved by the competent state agency; except for cases of construction in conservation areas, historical-cultural sites.- Level IV construction works, individual housing in mountainous areas, islands in areas without urban planning, functional area planning; except for construction works and individual housing in conservation areas, historical-cultural sites.
Thus, according to the above regulations, citizens or investors constructing works, individual housing in rural areas, if they fall into the aforementioned cases, are exempt from building permits. Conversely, when constructing works, individual housing in rural areas in the following 06 cases, obtaining a building permit is mandatory:
Firstly, individual housing with a scale of 07 floors or more under an urban construction investment project, residential construction investment project with a 1/500 detailed planning approved by the competent state agency.
Secondly, individual housing constructed in conservation areas.
Thirdly, individual housing constructed in historical-cultural sites.
Fourthly, Level IV construction works, individual housing in rural areas in areas with urban planning, functional area planning, or detailed planning for rural residential points.
Fifthly, Level IV construction works, individual housing in mountainous areas, islands in areas with urban planning, functional area planning.
Therefore, the construction works, individual housing in the above 05 cases must have a building permit issued by the competent state agency according to the provisions of law. Additionally, to be granted a building permit, the conditions specified in Article 93 of the Law on Construction 2014 must be met. Specifically:
- For individual housing in urban areas:
- Suitable for land use purposes according to the provisions of the land law and the architectural management regulations issued by the competent state agency;- Ensuring safety for the construction work, adjacent works, and environmental protection requirements, fire and explosion prevention; ensuring the safety of technical infrastructure, protection corridors for irrigation works, dykes, energy, transportation, cultural heritage sites, historical-cultural sites; ensuring a safe distance to easily flammable, explosive, hazardous works and important works related to national defense and security;- The design of individual housing construction is carried out in accordance with Clause 7, Article 79 of this Law;- Dossier requesting the issuance of a building permit as prescribed;- At the same time, for individual housing in stabilized urban areas or streets without detailed planning, it must comply with the architectural management regulations or urban design issued by the competent state agency.
- For individual housing in rural areas: Individual housing in rural areas when constructed must comply with the detailed planning for rural residential points.
Ty Na
