Dear Lawyer, I have completed the construction of a house. There is nothing to say if the house I built is in fact larger than the registered part of the building permit. I wonder how my case will be resolved. What does the law say about building a house larger than a building permit? Please advise me a lawyer!
Hello! Thank you for trusting the legal consulting service and sending questions to Lawyer X. Your case will be answered by us through the article below to help you better understand the regulations on house construction as well as the law. provide solutions for the case of building a house larger than the building permit. We invite you to read it now!
Legal grounds
- Construction Law 2014
- Decree 139/2017/ND-CP
How to build a house larger than a building permit?
As is known, before conducting the design and construction of the house, the investor will have to apply for a construction permit at a competent state agency. According to Clause 3, Article 89 of the Law on Construction 2014, a set of dossiers of application for a construction permit includes: New construction permit; repair and renovation permits; permit to relocate the work depends on the purpose of the work. So how to determine which is a larger house construction than a building permit?
The permit will also clearly stipulate the contents of the owner, scale, construction site and especially the area allowed to be used for construction. Therefore, works that do not comply with construction permits are considered illegal and against the law, including in terms of total construction area, height, and the number of floors for civil houses.
How will the construction of a house larger than the building permit be handled?
In fact, there are many cases of building a house larger than the building permit, possibly by accident or purpose. This not only affects the surrounding works, there may be disputes but also violates the law. Therefore, you may be fined. Depending on the case, the level of violation will have corresponding fines.
Regulations on handling violations of building houses larger than construction permits
Clause 4, Article 15 of Decree 139/2017/ND-CP stipulates:
“4. Penalties for acts of organizing the construction of works against the contents of the granted construction permit (except for the case specified at Points a, b and c, Clause 7 of this Article) in the case of construction permits. new construction as follows:
a) A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for building separate houses in urban areas;
b) A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for building separate houses in conservation zones, historical-cultural relic sites or building other works other than those specified at Point a. , point c of this clause;
c) A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for construction of works requiring the preparation of economic-technical reports on construction investment or formulation of construction investment projects.”
In addition to fines, construction works larger than the construction permit are also required to stop and dismantle the wrong part.
Steps to handle violations of building houses larger than construction permits
- Make minutes and request to stop construction
- The competent authority will review the construction permit and assess the degree of deviation from the actual construction: During this period, the owner of the work needs to apply for a re-license or adjust the permit together with the Penalties are attached to match the building area larger than the building permit.
- Cases that are concluded to be deviating from the permit will pay fines as well as remove unfinished works.
How to fix when building a house bigger than the building permit
As mentioned above, depending on the current situation of the house, there will be different penalties. If the homeowner builds a house larger than the construction permit but is still in his family’s land space or the excess area is not too large, he can apply for a construction permit adjustment procedure. Avoid the case where it takes a long time for inspection agencies to detect violations.
However, “prevention is better than cure”, in order to avoid the occurrence of cases where the construction of houses larger than the construction permit is not worth it. Affect the progress, quality as well as cost of the project. Every investor and construction unit needs to do it right from the beginning. A complete, complete, and detailed design will best limit the occurrence of unintended arising. The homeowners and builders themselves will have the most specific orientation about the project, as well as the technical standard construction area when building according to the available design.
Please see more
- Regulations on land valuation of banks in Vietnam
- Time for district-level land use planning in Vietnam
- Procedure for partial transfer of land use rights in Vietnam
Penalties for building a house without a permit
Penalties for building houses without a license for the first time
Pursuant to the provisions of Clause 5, Article 15 of Decree 139/2017/ND-CP on acts of organizing the construction of works without a construction permit, fines shall be as follows:
A fine of between VND 10 million and VND 20 million shall be imposed for building separate houses in conservation zones, historical and cultural relic sites in rural areas.
A fine of from 20 to 30 million VND for building separate houses in urban areas
Penalties for continuing to build or re-offending
Pursuant to Clause 8, Article 15 of Decree 139/2017/ND-CP, in case of construction without a permit, which has been recorded in administrative violations but continues to build, the following penalties will be imposed:
A fine of between VND 5 and 10 million shall be imposed for building separate houses in conservation zones, and historical and cultural relic sites in rural areas.
A fine of between VND 35-40 million for building separate houses in urban areas.
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Frequently asked questions
The authority to issue construction permits is assigned to the Ministry of Construction, the People’s Committee of the province (Department of Construction); District-level People’s Committees and industrial park management boards. As follows:
– Ministry of Construction
Issuance of construction permits for special works
Provincial People’s Committee
Decentralize the Department of Construction to issue construction permits for grade I and grade II construction works; religious works, works of historical-cultural relics, monuments and monumental works which have been ranked in the administrative boundaries under their management; works on main streets and roads in urban areas according to regulations of provincial People’s Committees; works under foreign direct investment projects; works under the project and other works assigned by the People’s Committee of the province;
– District People’s Committee
Granting construction permits for remaining works and separate houses in urban areas, including separate houses in areas recognized by the State for conservation within the administrative boundaries under their management.
Depending on each case, when building a house, whether or not that house is exempt from construction permits in accordance with the law. If the house being built is not exempted from a construction permit, the application for a construction permit is a mandatory condition before starting construction for investors.
Conclusion: So the above is Penalties for building a house without a permit in Vietnam. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
