Regulations on housing construction height are extracted from QCVN 01:2019/BXD compiled by the National Institute of Urban and Rural Planning, submitted by the Department of Science, Technology and Environment, and approved by the Ministry of Science and Technology. Decision, Ministry of Construction promulgates according to Circular 2018. So about the matter “How to build roadside houses under Vietnam law?” Let’s find out with LSX in the article below.
Legal grounds
- Construction Law 2014
- Circular No. 05/2015/TT-BXD
What is housing?
Clause 1, Article 3 of the 2014 Law on Construction explains as follows:
“House is a work built for the purpose of living and serving the daily needs of households and individuals.”
Besides, the concept of “house” defined in the Law on Housing includes:
– Separate house means a house built on a separate residential land plot under the lawful use right of an organization, household or individual, including villas, adjacent houses and independent houses.
– An apartment building is a house with 2 floors or more, with many apartments, with common walkways and stairs, with private ownership, shared ownership and a system of infrastructure works for common use by households. families, individuals and organizations, including apartment buildings built for residential purposes and condominiums built with mixed-use purposes for residential and business purposes.
Commercial housing means a house invested and built for sale, lease, or lease-purchase according to the market mechanism.
– Official residence is a house used for rent by subjects eligible to stay in official residences according to this Law during the period of holding a position or working.
– House in service of resettlement means a house to be arranged for resettled households and individuals when the State recovers residential land or has their houses cleared in accordance with law.
– Social housing means housing with State support for subjects entitled to housing support policies in accordance with this Law.
What is housing in the future?
According to the Law on Housing 2014, housing in the future is a house that is in the process of investment, construction and has not been accepted and put into use.
Referring to a house formed in the future, it can only be understood that that house at the present time has not been formed and has certain conditions and grounds to see that such house will be completed in the future.
What is the role of housing?
– Housing is a work built for people to live in, to protect people against the bad effects of nature such as storms, floods, rain and wind, and to serve the daily needs of individuals or households.
– Housing also gives people a sense of belonging, everyone gathers and reunites. Home is also a place that gives people a sense of privacy.
– Housing also affects mood and psychological changes to people living in the house. As humans are animals of habit, one’s home state is known to affect behavior, emotions, and overall mental health. Some people may get homesick when they leave home after a certain period of time.
In fact, many people live in the house today, considering the house as an asset (real estate). Because the house is the place to live, work and live for the family, the house has a very high meaning both spiritually and materially.
How to build roadside houses under Vietnam law?
Regulations on design and construction of houses are specified in Article 5 of Circular No. 05/2015/TT-BXD as follows:
+ For houses with a total construction floor area of less than 250m2 or less than 3 floors or with a height of less than 12m, the homeowner may design and organize the construction by himself and take responsibility for construction safety and The effects of housing construction on adjacent and neighboring works
+ For houses with less than 7 floors and 7 floors or more, except for the case specified in Clause 1 of this Article, organizations and individuals that fully meet the prescribed capacity conditions must carry out the design, construction build.
Besides, according to the Law on Construction 2014, there are 4 regulations that every homeowner needs to know, as follows:
+ Must apply for a construction permit: All housing projects and projects need to apply for a construction permit, except for cases such as building houses under urban development projects, housing development projects with a size below 07 floors and total floor area under 500m2 with approved 1/500 detailed planning; Building separate houses in the countryside, except for separate houses built in conservation zones, historical-cultural relics.
+ If building illegally, without permission, the owner will be fined at least 10 million VND. At the same time, there is the possibility of being forced to dismantle or suspend construction for adjustment or re-licensing.
+ Building a house or building other works that are not covered or covered but let construction materials drop will be fined 1 million VND.
+ Building a house that cracks the neighbor’s wall must compensate based on the actual damage. If the compensation cannot be reached, the landlord may be fined from 3 to 20 million VND for administrative violations.
In any part of a country, local councils will deal with planning issues – this will sometimes be “district” councils or in urban areas, will be city councils .
What are the conditions for granting construction permits for individual houses?
Article 93 of the Law on Construction 2014 provides as follows:
– General conditions for granting construction permits for separate houses in urban areas include:
+ Being suitable for land use purposes as prescribed by the law on land and regulations on architecture management promulgated by competent state agencies;
+ Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical – cultural relics; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security;
+ Design for construction of separate houses shall comply with the provisions of Clause 7 Article 79 of the Law on Construction;
+ Dossier of application for a construction permit as prescribed in Clause 1, Article 95, Article 96 and Article 97 of the Law on Construction.
– For separate houses in urban areas, it must satisfy the above conditions and conform to detailed construction plannings; For individual houses in areas or streets in urban areas that are stable but have no detailed construction planning, they must conform to the regulations on management of architecture or urban design approved by competent state agencies issuing authority.
– For separate houses in rural areas, when built, they must conform to the detailed construction plannings of rural residential quarters.
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Frequently asked questions
According to the provisions of the Law on Construction 2014 revised to 2020, separate houses in the following cases do not need to apply for a construction permit:
Separate houses with less than 07 floors in urban area construction investment projects, housing construction investment projects with detailed planning 1/500 already approved by competent state agencies;
Separate houses in rural areas with a size of less than 07 floors and in areas where there are no urban plannings, construction plannings for functional areas or detailed construction plannings for rural residential quarters already approved by state agencies. authorized to approve.
Separate houses in mountainous areas, islands in areas without urban planning or construction planning for functional areas.
(Excluding individual houses built in conservation areas, historical – cultural relics).
In Clause 1, Article 10 of the 2013 Land Law, agricultural land has no residential purpose and can only be used for the following purposes:
Planting annual crops, including land for rice cultivation and land for other annual crops;
Perennial crops;
Production forests;
Protection Forest;
Suf;
Aquaculture;
Making salt;
Construction of greenhouses and other types of houses for cultivation purposes, including forms of cultivation not directly on the land; building barns for raising cattle, poultry and other animals permitted by law; land for cultivation, animal husbandry and aquaculture for the purpose of study, research and experiment; nursery land for seedlings, seedlings and land for planting flowers and ornamental plants;
Therefore, land users are not allowed to build houses on agricultural land.
According to Clause 39, Article 1 of the Law on Construction 2014 (amended 2020), construction of a house can only be started when a construction permit is obtained (if the house is subject to a construction permit).
Therefore, if you build a house without a permit (even if you are applying for a permit but have not yet), it will still be prohibited and be considered building without a permit.
Accordingly, based on Clause 7, Article 16 of Decree 16/2022/ND-CP, violators will be fined from 60 to 80 million VND if they build separate houses; be fined from 80 -100 million dong if this house is built in a conservation area, historical and cultural relic site or other construction.
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