09 Cases of Mandatory Demolition of Construction Works from July 1, 2026

The 09 Cases of Mandatory Demolition of Construction Works, are critical issues that investors, construction organizations, and users must pay special attention to during investment and construction management. The new regulations have clearly identified 09 mandatory cases for demolition to strengthen construction order and discipline, ensuring safety, urban aesthetics, and the legitimate rights of related parties. The following article by Long Phan Consulting will specifically analyze each case according to current legal regulations.

What is a construction project?

Based on Clause 2, Article 3 of the Construction Law 2025, a construction work is a product constructed according to a design, created by human labor, construction materials, and equipment installed into the work, which is linked and positioned with the ground, and may include parts below the ground, above the ground, under the water surface, and above the water surface.

According to this definition, a construction work must satisfy specific technical criteria regarding structure and location. The core characteristic is the nature of being linked and positioned with the ground. This linkage includes underground structures, existing parts above ground, submerged parts, and floating parts.

A construction work is a product implemented according to an approved or previously established design. This regulation binds the responsibility of investors and contractors to comply with technical parameters. Any deviation from the design, especially those altering load-bearing structures or usage functions, can lead to serious legal consequences. For management agencies, this definition is the measure to inspect, supervise, and decide on penalties or coercive demolition when the work no longer meets safety or planning standards.

>>> See more: New Points of Construction Law 2025 Effective from July 1, 2026

Basic principles in construction operations

According to Article 5 of the Construction Law 2025, the basic principles in construction activities effective from July 1, 2026, are prescribed as follows:

1. Ensure construction according to planning and design; protect the landscape and environment; suit natural and social conditions, local cultural and historical characteristics; ensure stability of people’s lives; combine socio-economic development with national defense, security, and climate change response.
2. Use resources and materials reasonably in the project area, ensuring correct purposes, subjects, and construction investment sequence.
3. Comply with technical regulations and standards applied in construction activities.
4. Ensure safety, quality, human life and health, and do not cause damage to assets of other organizations and individuals; ensure compliance with regulations on fire prevention and fighting, and environmental protection.
5. Ensure synchronous construction within each work and synchronization with the technical infrastructure system and social infrastructure system.
6. Ensure publicity, transparency, and efficiency; prevent and combat corruption, waste, and negativity in construction activities.
7. Clearly distinguish state management functions in construction from the management functions of investment decision-makers and investors suitable for each investment form.

Nine cases require the demolition of construction works starting from July 1, 2026.

Based on Clause 1, Article 54 of the Construction Law 2025, cases where demolition of construction works is carried out include:

1. To clear the site for constructing new works or temporary construction works.
2. Works with a risk of collapse affecting the community and neighboring works; works requiring urgent demolition to timely prevent, combat, and overcome consequences of natural disasters, catastrophes, epidemics, or urgent tasks to ensure national defense, security, and foreign affairs under decisions of competent state agencies.
3. Construction works in areas where construction is prohibited.
4. Construction works contrary to planning under laws on urban and rural planning, detailed sector planning; construction works without permits for works requiring permits, or constructed contrary to the content prescribed in the construction permit.
5. Construction works encroaching on public land or land under the legal usage rights of organizations and individuals; construction works contrary to approved construction designs for cases exempt from construction permits.
6. Individual housing works with a need for demolition to build anew.
7. Demolition of construction works according to the needs of the investor or owner of the work.
8. Works with expired usage terms according to the design.
9. Other cases according to regulations of relevant laws.

Construction consulting services at Long Phan Consulting

Long Phan Consulting provides comprehensive consulting services related to procedures and regulations on construction works. Our team of experts supports Clients in reviewing dossiers, ensuring planning compliance, and limiting risks of coercive demolition. We commit to protecting the legitimate rights and interests of work owners through the following specialized consulting activities:

1. Construction Planning Review and Assessment

• Support 1: Assist in checking and assessing the conformity of the current status of the work with local construction planning and land use planning.
• Support 2: Verify the legal status of land and works to provide early warnings of risks falling into mandatory demolition cases.
• Support 3: Guide procedures for planning adjustments or supplementing legal dossiers to legalize works where permitted by law.

2. Handling Construction Order Violations and Demolition Decisions

• Support 1: Represent Clients in working with competent state agencies to explain contents related to coercive demolition decisions.
• Support 2: Assist in building optimal remedial plans to minimize asset damage for investors.
• Support 3: Advise on legal recourse if demolition decisions are issued incorrectly or infringe upon lawful rights.

3. Demolition Plan Development and Supervision

• Support 1: Assist in drafting and appraising contracts with demolition contractors, ensuring clarity on compensation liability and labor safety.
• Support 2: Advise on establishing demolition plans and solutions consistent with regulations to submit to functional agencies for approval.
• Support 3: Participate in supervising the demolition implementation process, ensuring compliance with construction measures and protecting the safety of neighboring works.

Frequently Asked Questions

Below are some frequently asked questions about building demolition; please refer to them:

Who is responsible for paying the costs of demolishing the building?

The cost of demolition is the responsibility of the owner or manager of the building. In cases where the state agency has to carry out forced demolition due to the owner’s non-compliance, the owner will still bear all costs related to this forced demolition.

(Legal basis: Point d, Clause 2, Article 54 of the 2025 Construction Law.)

Is it mandatory to demolish a building that has exceeded its lifespan?

Structures that have reached the end of their designed lifespan are subject to demolition. However, if the owner wishes to continue using the structure, they must undergo quality inspection, reinforcement, renovation, and repair, and obtain permission from the relevant authorities to extend the lifespan if safety is ensured. If the conditions for extension are not met, the structure must be demolished.

(Legal basis: Point h, Clause 1, Article 54 of the 2025 Construction Law.)

Can the developer unilaterally demolish a building to construct a new one?

Investors and property owners have the full right to demolish structures according to their personal needs (such as for new construction or conversion of function) or for individual houses where new construction is desired. However, demolition must be carried out safely and in compliance with legal procedures.

(Legal basis: Points e and g, Clause 1, Article 54 of the 2025 Construction Law.)

Who has the authority to decide on demolition in emergency situations such as natural disasters?

In emergency situations aimed at preventing, combating, and mitigating the consequences of natural disasters, calamities, epidemics, or urgent national defense and security tasks, the Chairman of the Provincial People’s Committee or the competent state management agency shall decide on the demolition of structures in accordance with the law on construction and other relevant laws. The Minister of National Defense and the Minister of Public Security shall regulate the authority to demolish structures serving national defense and security.

(Legal basis: Point b, Clause 1, Article 54 of the 2025 Construction Law, Clause 2, Article 42 of Decree 06/2021/ND-CP.)

What happens if a government agency makes an incorrect demolition order?

The authority empowered to decide on demolition shall be held legally responsible if it issues a decision contrary to regulations, causing damage to the legitimate owner of the structure. In this case, the agency that issued the erroneous decision must compensate for the damage in accordance with the regulations on state liability for compensation.

(Legal basis: Point c, Clause 2, Article 54 of the 2025 Construction Law.)

Conclusion

Correctly identifying the 09 cases of mandatory demolition of construction works from July 1, 2026, helps Clients be proactive in investment plans and strictly comply with the law.

Long Phan Consulting is ready to provide in-depth legal support to resolve obstacles related to construction activities, planning, and demolition processes. To receive detailed advice and specific handling plans, please contact us directly via Hotline 1900636389.