Construction permits for housing projects is the process that needs to be followed when building housing projects to ensure legal construction. This process includes appraising documents, checking the conditions of planning, construction design and land use rights of the investor. This article will analyze in detail the conditions and construction licensing process for housing projects according to the latest legal regulations.
Construction permits for housing projects
Cases where a construction permit is not required for housing projects
According to Article 89 of the Law on Construction 2014, amended and supplemented in 2020. Housing construction projects falling into one of the following cases are exempt from construction permits:
The project belongs to a project using public investment capital.
Construction works located in two or more provincial-level administrative units, construction works along extra-urban routes in accordance with construction planning or technical and specialized planning approved by competent state agencies.
Construction works have been notified by the construction professional agency of the results of construction design appraisal to be implemented after the basic design meets the conditions for construction design approval and meets the conditions for granting construction permits.
Individual houses with a scale of less than 07 floors belong to urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 approved by competent state agencies.
Level IV construction works, Individual houses in rural areas with a scale of less than 07 floors and in areas without urban planning, functional area construction planning or detailed planning for construction of rural residential areas has been approved by a competent state agency.
Individual houses in mountainous areas and islands in areas without urban planning or functional area construction planning; except for cases built in conservation areas or historical-cultural relic sites.
Individual housing construction projects that do not fall into one of the above cases must have a construction permit issued by a competent state agency according to the provisions of law.
Housing does not require a construction permit
Conditions for applying for a construction permit for a housing project
First, conditions for granting construction permits for housing projects in urban areas
Pursuant to Article 91 of the Law on Construction 2014, amended and supplemented in 2020, including the following conditions:
In accordance with detailed construction planning approved by a competent state agency, or in accordance with architectural management regulations issued by a competent state agency.
Suitable for land use purposes according to the provisions of land law.
Ensuring safety for construction and neighboring works and requirements on environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; Ensure a safe distance from flammable, explosive, toxic works and important works related to national defense and security.
The construction design has been evaluated and approved according to regulations.
The application dossier for a construction permit is appropriate to each type of permit according to regulations.
Second, Conditions for granting construction permits for projects not following urban lines
According to the provisions of Article 92 of the Law on Construction 2014, conditions to be granted a license in this case include:
In accordance with the location and total area of the project approved in writing by a competent state agency.
Meets conditions specified 3, 4, 5 of case 1.
Thus, to issue a construction permit, it is necessary to meet the above conditions depending on each specific case.
Application for a housing project construction permit
Pursuant to Clauses 2 and 3, Article 95 of the Law on Construction 2014, amended and supplemented in 2020, the application file for a housing project construction permit includes:
First, the application dossier for a construction permit for non-linear projects includes:
Application for construction permit;
Copy of one of the documents proving land use rights;
Copy of project approval decision or investment decision;
Construction design drawings;
Copy or practice certificate code of the design organization, construction design verifier, practice certificate of the project manager, design leader, construction design verifier.
Second, the application dossier for a construction permit for linear construction includes:
The documents specified in 1, 2, 3, 4 belong to case 1;
Written approval from a competent state agency on the suitability with the location and route plan;
Decision to recover land by a competent state agency in accordance with the provisions of land law.
Construction design drawings
Authority to issue construction permits
Pursuant to Article 103 of the Law on Construction 2014, amended and supplemented in 2020, it stipulates the authority to grant construction permits as follows:
Provincial People’s Committees issue construction permits for works that require a construction permit in the province, except for works specified in Clause 3 of this Article.
District-level People’s Committees issue construction permits for level III and level IV works and individual houses in the area under their management.
Construction licensing consulting services for housing projects in Long Phan
Long Phan has many years of experience in consulting and supporting businesses to complete construction licensing procedures. We clearly understand the process and customer needs to ensure documents and licensing procedures are processed quickly and effectively. Our comprehensive consulting services include:
Detailed advice on conditions for applying for a project construction permit
Consulting on cases requiring construction permits
Instructions for preparing documents and procedures for applying for a housing project construction permit
Prepare and evaluate licensing applications
Representing customers to carry out construction permits application procedures
Resolve problems that arise during the licensing process
Consulting on other related issues after being granted a construction permit.
Long Phan has many years of experience in the field of construction licensing consulting, providing customers with high quality and effective services. We always accompany customers from the stage of preparing documents to completing construction licensing procedures. Please contact us immediately via the hotline 0906735386for detailed advice and service quotes to suit your needs
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Luật sư Trần Tiến Lực
Lawyer Luc Tien Tran – a dedicated and deeply knowledgeable professional in the fields of construction consulting, real estate consulting, and intellectual property consulting. His expertise, experience, and profound understanding of related issues make him a reliable partner. Mr. Luc's professionalism and dedication will provide optimal solutions and help clients achieve their desired business outcomes.