Housing is one of the issues that many people care about. But in the process of building a house there will be certain differences. Unlike the construction of urban houses, the construction of rural houses in some cases will be exempted from construction permits according to regulations. So about the matter “When do I apply for a permit to build a rural house in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Construction Law 2014
- Decree 15/2021/ND-CP
What is rural land?
Rural land belongs to the group of non-agricultural land, according to Section 3, Article 143 of the Land Law 2013, rural land is residential land used by households and individuals in rural areas, including land for construction of houses, to build works in service of life, gardens and ponds in the same land plot in rural residential areas, in accordance with the master plan on land use and construction planning of rural residential areas already approved by competent state agencies. approval authority.
In a nutshell, rural land is residential land used by households and individuals in rural areas, including land for construction of houses, works in service of life, and gardens and ponds in the same land plot
What is a building permit?
Clause 17, Article 3 of the Law on Construction 2014 stipulates that a construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation or relocation.
Construction permits include the types of permits specified in Clause 3, Article 89 of the Law on Construction 2014, specifically as follows:
– New construction permit;
– License for repair and renovation;
– Permit to relocate the work.
When do I apply for a permit to build a rural house in Vietnam?
To answer Do I need a permit to build a house in the countryside? According to Clause 2, Article 89 of the 2014 Law on Construction as amended by Clause 30, Article 1 of the Amended Construction Law 2020, the construction permit is issued as follows:
Exemption of building permits A building permit is required
Separate houses in rural areas with a size of less than 07 floors and in areas where there are no urban plannings, construction plannings of functional zones or detailed construction plannings for rural residential quarters approved by state agencies. Competence to approve separate houses in rural areas with a size of less than 07 floors and in areas with urban planning, construction plannings of functional zones or detailed construction plannings of rural residential quarters already approved by the competent authority. approved by the state
Separate houses in mountainous areas, islands in areas without urban planning, construction plannings for functional areas
Grade IV construction works Separate houses in rural areas with a scale of 07 floors or more
Thus, answering the question Do you need a permit to build a house in a rural area? According to the provisions of the Law on Construction, it is necessary to determine on a case-by-case basis whether the construction of a rural house requires a permit. Works exempt from construction permits on rural land include works and houses classified as state secrets, works with state emergency orders, temporary construction works, and individual houses with scale of less than 7 floors… In case of building houses of 7 floors or more in rural areas, a construction permit is required. In case the work requires a construction permit, if the investor does not have one, he will be penalized.
What are the documents required to apply for a rural house construction permit?
In Article 46 of Decree 15/2021/ND-CP stipulating the composition of an application for a rural house construction permit includes:
1. An application for a construction permit, made according to Form No. 01.
2. One of the papers proving the right to use land in accordance with the land law.
3. 2 sets of construction design drawings enclosed with the Certificate of design approval and approval for fire prevention and fighting together with the approved drawings in case the law on fire prevention and fighting requires it; a report on construction design verification results when required by construction law, including:
– A drawing of the construction site on the land lot, together with the location map of the work.
– Drawings of floors, elevations and main sections of the construction work.
– Drawing of foundation plan and footing section together with connection diagram of technical infrastructure system outside the work including water supply, drainage and electricity supply.
– In case there is an adjacent work, there must be a commitment to ensure the safety of that adjacent work.
Note: Households and individuals refer to the design drawings issued by the People’s Committees of provinces and centrally run cities when designing their own separate houses with a total construction floor area of less than 250m2 or less than 03 floors or has a height of less than 12 meters, in accordance with the approved construction planning and take responsibility before law for the design quality, the impact of the construction work on the environment and safety of the neighboring works. .
Which agency is competent to issue housing construction permits?
Pursuant to the provisions of Article 103 of the 2014 Construction Law as amended by Clause 37, Article 1 of the revised Construction Law 2020 as follows:
“Article 103. Competence to grant, adjust, extend, re-issue and revoke construction permits
2. 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. Provincial-level People’s Committees decentralize and authorize the Department of Construction, Management Boards of industrial parks, export processing zones, hi-tech zones, economic zones, and district-level People’s Committees to issue construction permits within their respective functions. and its jurisdiction.
3. District-level People’s Committees shall grant construction permits to grade III, grade IV works and separate houses in the area under their management.
4. Agencies competent to issue construction permits are agencies competent to adjust, extend, re-issue and revoke construction permits granted by them.
5. 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.”
Competent agencies issue construction permits according to the above provisions.
Procedures for applying for a rural house construction permit
Step 1: Submit your application
The investor shall submit it at the district-level one-stop shop for transfer to the district-level People’s Committee or by post.
Step 2: Receipt of application
– The recipient is responsible for receiving and checking the dossier.
– If the application is complete and correct, write a receipt (appointment letter) and give it to the submitter.
– If the dossier is incomplete or not in accordance with regulations, guide the investor to complete the dossier.
Step 3: Process the request
Step 4: Return the result
* Time limit for settlement: No more than 15 days from the date of receiving complete and valid dossiers.
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Please see more
- Compensation for building houses on agricultural land in Vietnam
- Regulations on land inheritance under Vietnam law
- Handling overdue land under Vietnam law
Frequently asked questions
Clause 1, Article 6 of the Land Law 2013 stipulates the principle that land use is the right land use purpose. At the same time, this content is also clearly specified in Clause 1, Article 143 of the Land Law 2013 as follows: “Residential land used by households and individuals in rural areas, including land for construction of houses and construction of public works the process of serving life, gardens and ponds in the same land plot in a rural residential area, in accordance with the master plan on land use and construction planning of rural residential quarters already approved by competent state agencies. “
Accordingly, in rural areas, people who want to build houses can only build on residential land (land with the symbol ONT).
According to Points g and h, Clause 2, Article 89 of the Law on Construction 2014, there are 2 cases of exemption from construction permits when repairing and renovating houses, including:
Works to repair, renovate and install equipment inside the work do not change the load-bearing structure, do not change the use function, do not affect the environment and safety of the work.
Repairing and renovating works that change the exterior architecture not adjacent to roads in urban areas with requirements on architectural management.
If you do an extra attic for a level 4 house, but there are changes such as changes in load-bearing structure, usability; affecting the environment, construction safety, changing the exterior architecture not adjacent to the road in the urban area, requiring architectural management to have a construction permit.
The time limit for processing the application for a rural house construction permit is no more than 15 days from the date of receipt of a complete and valid dossier.
Conclusion: So the above is When do I apply for a permit to build a rural house in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
