Do you need to get permission to repair stairs according to Vietnamese law?
“Hello, Lawyer! My house is planning to build a second floor, if I want to go to the second floor, I have to repair the stairs. I want to ask the lawyer to fix the stairs, do I need to ask for permission? Hope the lawyer will respond soon. reply to my questions. Thank you!“. Thank you for submitting your question to the Lawyer. To answer your questions today, LSX Lawfirm will give you an article about “Do you need to get permission to repair stairs according to Vietnamese law?“, as follows:
Legal grounds
- Construction Law 2014
- Construction Law amending and supplementing 2020
- Decree 15/2021/ND-CP
- Law on Architecture 2019
Regulations on applying for construction permits
What is a building permit?
Do you need to get permission to repair stairs according to Vietnamese law?
According to Clause 17, Article 3 of the Law on Construction 2014, a construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation, or relocation of work.
Construction permits are of two types:
A construction permit with a definite term a construction permit granted for the construction of works or separate houses to be used within a certain period of time according to the implementation plan of the construction planning.
A phased construction permit a construction permit granted to each part of a work or each work of a project when the construction design of the work or the project has not completed.
Conditions for granting construction permits for separate houses
According to Article 93 of the 2014 Law on Construction as amended and supplemented in Clause 32, Article 1 of 2020 Amended and Supplemented Construction Law, and point Clause 3, Article 39 of the Law on Architecture, conditions for granting construction permits for separate houses is specified 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; ensuring the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical-cultural relics; ensuring a safe distance to inflammable, explosive and toxic works and important works related to national defense and security then.
Design and construction of separate houses shall comply with the provisions of Clause 7 Article 79 of this Law;
Dossier of application for a construction permit as prescribed in Clause 1, Article 95, Article 96, and Article 97 of this Law.
For separate houses in urban areas, they must satisfy the conditions specified in Clause 1 of this Article and conform to the detailed construction planning; 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, the construction must conform to the detailed construction planning of rural residential quarters.
Procedures for applying for a construction permit
Dossier of application for a construction permit
According to Article 47 of Decree 15/2021/ND-CP, an application for a construction permit in case of repair or renovation of construction works includes:
An application form for a license to repair or renovate works or houses made according to the form in Appendix 1 to this Circular.
One of the documents proving the right to own, manage and use works or separate houses as prescribed by law.
Existing drawings of construction parts to repaired or renovated have approved according to regulations with a scale corresponding to the ratio of drawings of the dossier of application for repair and renovation permit and photos taken then. (minimum size 10 x 15 cm) current status of works and neighboring works before repair or renovation.
Design dossiers for repair and renovation corresponding to each type of work are specified in Article 43 or Article 46 of this Decree.
For the works of historical-cultural relics and ranked scenic spots, there must written approval of the necessity for construction and the scale of the works from the state management agency in charge of culture then.
Procedures for applying for a construction permit
Submit the application file at the People’s Committee of the district where the house is located.
So Receipt of dossiers: District-level People’s Committees are responsible for receiving dossiers and examining dossiers. If the application is complete, the receipt will given to the submitter. If the application not completed correctly, the instructions for completing the application will guided.
Request handling
Returning results: The district-level People’s Committee grants the investor the permit enclosed with the design file to submitted for a construction permit with the seal of the competent authority then.
Do you need permission to repair stairs?
According to Clause 2, Article 89 of the 2014 Construction Law, which amended and supplemented with Clause 30, Article 1 of the revised and supplemented Construction Law 2020, the following works are exempt from construction permits:
Firstly, State secret works, works built under urgent orders and works located in the area of two or more provincial-level administrative units;
Secondly, Works under construction investment projects decided on investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, Presidents of People’s Committees at all levels.
Temporary construction works in service of construction of main works;
Works built along lines outside urban areas but in accordance with construction plannings already approved by competent state agencies or approved by competent state agencies in terms of work alignments;
Construction works under projects of industrial parks, export processing zones, high-tech zones with detailed planning 1/500 approved by competent state agencies and appraised for construction designs in accordance with regulations of law. This Law;
Houses under urban development projects, housing development projects with a scale of less than 7 floors and a total floor area of less than 500 m2 with detailed planning 1/500 already approved by competent state agencies;
Works that repair, renovate and install equipment inside the work do not change the load-bearing structure, do not change the use functions, do not affect the environment and the safety of the works;
Repair and renovation works that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management then.
In addition
Technical infrastructure works in rural areas only require the preparation of economic – technical reports on construction investment and in areas where there no approved detailed construction planning for rural residential quarters;
Construction works in rural areas in areas where there is no approved urban development planning and detailed construction planning; separate houses in rural areas, except for separate houses built in conservation zones, historical-cultural relics;
The investor in the construction of works exempted from construction permits as prescribed at Points b, d, dd and i of this Clause is responsible for notifying the construction commencement time together with the construction design dossier to the construction agency. local construction managers to monitor and keep records.
Thus, in the case of fixing the stairs, changing the bearing structure, changing the house frame structure, it required to apply for a house repair permit.
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Related questions
Within 12 days for works and individual houses from the date of receipt of the dossier, the consulted state management agencies are responsible for replying in writing on the contents of their functions under their management. physical. After 12 days, if the agency has no opinion, it is considered to have agreed and must be responsible for the contents under its management functions then.
Firstly, District-level People’s Committees shall grant construction permits to grade III, grade IV works and separate houses in the area under their management.
Secondly, The agency competent to issue construction permits is the agency competent to adjust, extend, re-issue and revoke construction permits granted by them.
Thirdly, In case the construction permit-granting agency fails to revoke the construction permit that has been issued in contravention of regulations, the provincial-level People’s Committee shall directly decide to revoke the construction permit.
Finally, Provincial-level People’s Committees shall grant construction permits to works that are required to be granted construction permits in the province, except for works specified in Clause 3 of this Article.
Elevators to be able to operate need installation and combined with other constructions such as houses, the lower part of the land as a pit can be moved up and down. Elevator installation requires specialized training, qualifications and experience. For all types of home elevators, before installation, they must be certified and licensed by a competent authority like applying for a house construction permit to ensure the legitimate interests of users then.
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