Construction demolition precautions are key issues that investors and contractors need to master to ensure demolition is carried out safely, in accordance with the law, and with minimal risk. Correct implementation helps clients avoid administrative penalties from state agencies. In the following content, Long Phan Consulting Company will provide notes on demolishing construction works.
What to note when Construction demolition precautions
To clear the site for building new or temporary works.
Works at risk of collapse affecting the community/neighboring works; urgent demolition for disaster/epidemic prevention or national defense/security tasks.
Works built in prohibited areas.
Works built contrary to planning; works without permits (when required) or built contrary to permit content.
Works encroaching on public land/legal land of others; works built contrary to approved designs (when exempt from permits).
Individual houses needing demolition for new construction.
What steps must be taken before starting the demolition of a building?
Based on Sub-section 2.15 Section 2 of the National Technical Regulation on Safety in Construction (Circular 16/2021/TT-BXD):
Before Demolition:
Check to ensure no unauthorized persons are on site.
Disconnect all power, gas, water, and other supply sources. If supplies must be maintained, they must be safely covered and monitored.
During Demolition:
Protect maintained supply sources/utilities from damage.
Safety Fencing: Dangerous areas must be fenced (min 2m high), signposted, and guarded to prevent intrusion.
Worker Tasks: Workers must only perform assigned tasks. Employers must instruct on procedures and safety measures before each shift. All work must be supervised by competent persons.
Hazardous Materials: Decontaminate/clean hazardous chemicals. Equip workers with suitable personal protective equipment (PPE), especially respiratory protection.
Fire Safety: Remove flammable materials. Isolate from neighboring works with fire-resistant materials. Ensure fire prevention and fighting measures.
Structural Safety: Demolish in correct sequence. Ensure stability of remaining parts. Use temporary shoring as required.
What preparations are needed for the demolition of a building?
Based on Sub-section 2.15 Section 2 of Circular 16/2021/TT-BXD:
Survey & Data Collection: Structural solutions, connection details, as-built drawings. If drawings are missing, organize a survey to establish the current structural status.
Hazard Identification: Information on hazardous chemicals and existing technical systems.
Risk Assessment: Identify risks of structural collapse, considering geological conditions and main load-bearing structures.
Sensitive Locations: Identify nearby medical, telecom, or industrial facilities sensitive to vibration, dust, and noise.
What is the procedure for demolishing a construction project?
Based on Article 54 of the Law on Construction 2025:
Step 1: The investor/owner/manager organizes the demolition; prepares/verifies the demolition plan/solution (self-perform or hire consultants); bears responsibility for damages caused by their fault.
Step 2: The demolition contractor establishes construction measures matching the approved plan.
Step 3: Organize demolition according to measures and decisions; monitor/observe the work; ensure safety for people/assets/neighbors; bear responsibility for damages.
Step 4: Organize supervision and acceptance of demolition work.
Real estate consulting services at Long Phan Consulting Company
Long Phan Consulting Company provides comprehensive services related to demolition procedures and real estate regulations. Our team supports clients in reviewing dossiers to ensure planning compliance and limit risks of forced demolition. We structure our support into the following key areas:
Legal advice on buying, selling, transferring, leasing, and lease-purchasing real estate.
Providing advice on housing, construction projects, and future housing developments in accordance with legal regulations.
Providing legal advice on real estate investment projects, capital raising conditions, and project implementation.
Drafting, reviewing, and revising real estate contracts to mitigate legal risks.
Consulting services regarding land, land use rights, and procedures for obtaining land certificates.
Client representatives work with relevant government agencies on procedures related to real estate.
Construction demolition consulting services at Long Phan Consulting Company
Frequently Asked Questions about construction demolition precautions
Below, Long Phan Consulting Company provides some frequently asked questions related to construction demolition precautions. We invite interested clients to refer to them:
Is compensation available when a building is demolished?
According to Article 96 of the 2024 Land Law, legally constructed buildings on land subject to expropriation may be compensated or supported. However, illegal constructions or those built on land not under legal ownership will not be compensated, except in certain special cases considered by the competent authorities.
What happens if a government agency makes an incorrect demolition order?
According to Point c, Clause 2, Article 54 of the 2025 Construction Law, the person authorized to decide on demolition must be held legally responsible if they issue a decision contrary to regulations, causing damage to the legitimate owner of the construction. 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.
What are the things you shouldn’t do when demolishing a building?
Based on sub-section 2.15, section 2 of the National Technical Regulation on Safety in Construction issued with Circular 16/2021/TT-BXD, the following procedures must be followed before and during demolition:
It is not permitted to store demolished structural components or parts above the demolition site to prevent them from falling due to wind or other impacts such as vibrations or collisions.
To control dust, water must be sprayed onto the demolition site or the entire structure if necessary at appropriate regular intervals. When using water, electrical safety precautions must be taken.
Underground walls or foundation structures must not be demolished if they are used as retaining walls or supports for adjacent structures. The following work must be carried out before demolition:
Reinforce, brace, or securely anchor adjacent structures or buildings; and (or)
Remove or provide secure bracing and anchoring for the soil and rock that the underground wall or foundation structure is supporting.
Under what circumstances are homeowners provided with alternative accommodation when their house is demolished?
According to Article 140 of the 2023 Housing Law, which regulates housing for homeowners when their houses are demolished, homeowners must arrange their own housing when their houses are demolished, except in the following cases:
In cases where the demolition of a house occurs due to land expropriation, the homeowner’s housing will be provided according to the housing policy for resettlement when the State expropriates land, as stipulated in the 2023 Housing Law and land laws.
In the case of demolition of an apartment building, the housing arrangements for the owners of the demolished apartments will be handled according to the provisions of Article 72 of the 2023 Housing Law.
Who is responsible for paying the costs of demolishing the building?
According to Point d, Clause 2, Article 54 of the 2025 Construction Law, the cost of demolition is the responsibility of the owner or manager of the construction project. In cases where a state agency has to enforce demolition due to the owner’s non-compliance, the owner is still liable for all costs related to this enforcement.
Can the developer unilaterally demolish a building to construct a new one?
According to Points e and g, Clause 1, Article 54 of the 2025 Construction Law, investors and 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 needed. However, demolition must ensure safety and comply with legally prescribed procedures.
Conclusion
Mastering what to note when demolishing construction works helps clients proactively control legal and technical risks. Long Phan Consulting Company is ready to accompany clients with high professionalism. Please contact hotline 1900636389 for direct expert advice.
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Luật sư Nguyễn Thu Hương
Lawyer Nguyen Thu Huong is a leading expert in the field of investment and licensing for foreigners. With extensive knowledge of investment laws and the complex regulations related to licensing procedures, she has successfully assisted numerous businesses and foreign investors in establishing their operations in Vietnam.