Complete application file for latest housing construction permit according to regulations

The application for a housing construction permit is a collection of necessary legal documents according to the provisions of the Law on Construction 2014 and related legal documents. This process requires investors to strictly comply with administrative procedures from preparing documents to receiving the license. The article below will provide detailed information about license exemption cases, document components, procedures and support services at Long Phan Consulting Company.

Which cases are exempted from applying for a housing construction permit according to the latest regulations?

Construction permit is a mandatory legal document when constructing housing projects. However, the Law on Construction 2014 stipulates a number of cases where construction permits are exempted. Understanding these cases helps investors save time and costs during the construction process.

Pursuant to Clause 2, Article 89 of the Law on Construction 2014, cases exempt from housing construction permits include:

• State secret works, works built under emergency orders and works located in the areas of two or more provincial administrative units;
• Works belonging to construction investment projects approved for investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, and Presidents of People’s Committees at all levels;
• Temporary construction works serving the construction of main works;
• Works built on routes outside urban areas but in accordance with planning according to the law on urban and rural planning approved by a competent state agency or approved by a competent state agency on the direction of the construction route;
• Construction works belonging to industrial park projects, export processing zones, and high-tech zones with detailed planning of 1/500 have been approved by competent state agencies and have their construction designs appraised according to the provisions of this Law;
• Housing and 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 of 1/500 approved by a competent state agency;
• Repairs, renovations, and installation of equipment inside the building do not change the load-bearing structure, do not change the usability, and do not affect the environment or construction safety;
• Repair and renovation works that change the exterior architecture not adjacent to urban roads have architectural management requirements;
• Technical infrastructure projects in rural areas only require the preparation of an Economic – Technical Construction Investment Report and are in areas where there is no approved detailed planning for construction of rural residential areas;
• Construction works in rural areas in areas without approved urban development planning and detailed construction planning; Individual houses in rural areas, except individual houses built in conservation areas and historical-cultural relic sites;

Note that investors constructing works exempt from construction permits according to the provisions of Points 2, 4, 5 and 9 are responsible for notifying the time of construction commencement along with construction design documents to the local construction management agency for monitoring and filing.

This regulation is intended to create favorable conditions for people in specific areas, while reducing unnecessary administrative procedures. However, even though they are exempt from construction permits, investors still must comply with regulations on construction safety, construction standards and related legal regulations.

Components of application dossier for housing construction permit according to regulations

Application for housing construction permit must be prepared fully and accurately according to the provisions of law. Missing any documents in the application can lead to an extension of the permit time or even a refusal.

According to Clause 1, Article 95 of the Law on Construction 2014, an application for a housing construction permit includes the following components:

• Application for construction permit: This is a document signed by the investor, clearly stating information about the project, construction location, and commitment to comply with regulations. The application must follow the prescribed form of the competent authority.
• Copies of documents proving land use rights: Including Certificate of land use rights (red book, pink book) or legal documents on land use rights according to the provisions of the Land Law.
• Construction design drawings: Includes floor plans, elevations, cross sections, technical system drawings, fire protection drawings (if any). Drawings must be designed by a qualified person and comply with current construction codes and standards.
• For construction projects with adjacent structures: There must be a written commitment from the investor to ensure safety for the adjacent structures. This commitment is to ensure that construction does not affect the structure and safety of surrounding structures.

In addition to the above basic documents, depending on the scale, nature and location of the project, the licensing agency may require additional documents such as:

• Fire protection system drawings have been approved (for projects subject to fire protection approval).
• Report on design appraisal results (for projects subject to design appraisal).
• Environmental permit or results of appraisal of environmental impact assessment report (if any).

Preparing complete documents according to regulations will help the licensing process go smoothly and quickly and avoid legal risks that may arise during the construction process.

Order and procedures to be followed

Procedure for applying for a housing construction permit is a series of administrative steps specifically stipulated in the Law on Construction. Understanding and properly implementing this process helps investors avoid errors and shorten waiting time.

Pursuant to Article 102 of the Law on Construction 2014, the procedure for applying for a housing construction permit includes the following steps:

Step 1: Submit application for construction permit

The investor submits 2 sets of documents to the competent authority where the project is expected to be built. Can be submitted directly at the one-stop shop or online via the public service portal (if the locality has implemented it).

Note: Before submitting the application, the investor should check carefully to ensure that the application is complete according to regulations, to avoid having to supplement it later.

Step 2: Receive and check documents

The application receiving department will check the completeness and validity of the application:

• If the dossier is incomplete or invalid: Within 07 working days from the date of receiving the dossier, the agency competent to issue construction permits must organize dossier appraisal and field inspection. When appraising the dossier, the competent authority must identify missing documents, documents not in accordance with regulations or not in accordance with reality and notify the investor in writing once to supplement and complete the dossier.

In case the additional dossier does not meet the requirements according to the written notice, within 05 working days, the competent agency is responsible for notifying in writing instructing the investor to continue completing the dossier. The investor is responsible for supplementing and completing the dossier according to the written notice. In case the additional documents still do not meet the contents as per the notice, within 03 working days.

• If the application is complete and valid: The receiving officer will write a receipt, clearly stating the date of return of results and give it to the investor.

In case further consideration is required, the construction permit-issuing agency must notify the investor in writing, clearly stating the reason and report to the authority with direct management authority to consider and direct implementation.

Step 3: Appraisal of documents and issuance of license

After receiving valid documents, the competent authority will conduct an appraisal of the following contents:

• The project’s compatibility with urban planning and design
• Compliance with construction codes and standards
• Legality of land records
• Factors related to construction safety and neighboring structures.

The time for appraisal and licensing is specified as follows:

• 15 working days for individual houses in urban areas
• 10 working days for individual houses in rural areas.

In case the license deadline is due but further consideration is required, the licensing agency must notify the investor in writing, clearly stating the reason and additional resolution time no more than 10 days from the expiration date.

Step 4: Get results

The investor arrives at the dossier reception location according to the time stated in the receipt to receive the results:

• If eligible: Receive a construction permit with design documents stamped by the licensing agency.
• If not eligible: Receive a written response clearly stating the reason for not granting the license.

Upon receiving the results, the investor will pay the construction permit fee according to current regulations.

After being granted a construction permit, the investor must notify the commune-level People’s Committee of the place where the project is to be built and the construction permit-issuing agency at least 03 working days in advance.

>>> See more: Issuing construction permits for a limited period of time for projects and individual houses.

Housing construction permit application service at Long Phan Consulting Company

Applying for a construction permit is a complex administrative procedure that requires understanding of construction law as well as experience in this field. Long Phan Consulting Company provides professional housing construction permit application services, helping investors save time, effort and costs. With a team of experts with many years of experience in the construction and legal fields, we will accompany customers from the step of preparing documents until receiving the license.

Long Phan Consulting Company’s main services include:

• Consulting on regulations and conditions for housing construction permits for each specific area and locality;
• Support in preparing complete documents according to regulations, ensuring legality and meeting technical requirements;
• Design and prepare technical drawings in accordance with planning and current construction standards;
• Representing the investor to carry out administrative procedures at competent state agencies;
• Monitor and urge the appraisal and licensing process, ensuring that documents are processed on time according to regulations;
• Support in resolving problems and difficulties that arise during the licensing process.

Frequently asked questions

Below are questions related to procedures for applying for a housing construction permit according to the latest regulations.

If I repair an old house without changing the structure, do I need to apply for a construction permit?

According to regulations, if the repair or renovation does not change the load-bearing structure or function and does not affect the safety of the project or the environment, then there is no need to apply for a construction permit.

How long does it take to issue housing construction permits for individual houses in urban areas?

The time for issuing a permit to build individual houses in urban areas is 15 working days from the date of receipt of complete and valid documents.

Can I apply for a building permit online?

Yes, if your locality has launched online public services, you can submit your application through the public service portal.

What documents prove valid land use rights?

Certificate of land use rights (red book, pink book) or other legal documents according to the provisions of the Land Law.

What requirements do construction design drawings need to meet?

Construction design drawings must be designed by a qualified person and comply with current construction codes and standards.

How many sets of documents do I need to submit for a construction permit?

Investors need to submit 2 sets of documents to the competent authority.

Conclude

With many years of experience in the construction and legal fields, Long Phan Consulting Company is committed to providing high quality services, meeting all customers’ requirements, from simple housing projects to complex projects requiring many legal procedures. Please contact Long Phan Consulting Company immediately via the hotline: 0906735386 for quick, professional support in applying for a housing construction permit.