Legalizing Unpermitted Construction

The process of legalizing unpermitted construction on residential land is a significant concern for property owners seeking to avoid legal risks and secure asset rights. Understanding current legal regulations helps individuals know the conditions and procedures for obtaining a building permit or adjusting construction documents. This legalizes the structure, protects lawful ownership, and facilitates transactions, transfers, or mortgages.

Cases Eligible for Legalizing Unpermitted Construction

Legalizing unpermitted construction refers to the process where a structure built without a permit can still receive a certificate of ownership without being demolished.

According to Articles 81 and 84 of Decree No. 16/2022/ND-CP, construction without a permit, where a permit is required, is subject only to an administrative penalty and the disgorgement of illegal profits if it meets all the following conditions:

• The violation occurred from January 4, 2018, and concluded before January 15, 2018.
• The violation was discovered after January 15, 2018, or was discovered before that date but is documented by a violation record, a penalty decision, or a decision on remedial measures.
• The construction does not violate the construction boundary, meaning it does not encroach on land planned for transport or safety corridors.
• It does not affect adjacent structures, ensuring structural safety and causing no damage or danger to neighboring properties.
• There are no disputes over land use rights or property ownership.
• The construction is on land with legal use rights, such as a Certificate of Land Use Rights or equivalent legal documents.
• The structure conforms to the construction planning approved by a competent authority at the time of legalization. This means the building is not in an area zoned for clearance or other projects, and the land use purpose still permits construction.

If these conditions are met, the owner must pay the administrative fine for building without a permit. The owner then needs to complete the procedure for a new building permit, a permit adjustment, or a design adjustment with the competent authority. Upon completion, the state agency will consider issuing a certificate of ownership for the house/structure.

Procedure for Legalizing Unpermitted Construction

To have the structure legally recognized and receive a Certificate of Ownership (pink book), the owner must follow the correct process, from preparing a complete legal dossier to complying with the steps required by the competent state agency.

Dossier Components

Article 81, Clause 1 of Decree 16/2022/ND-CP states that the application dossier for a building permit follows legal provisions on licensing and appraisal, with the addition of documents proving the completion of the administrative fine payment.

In this case, where a residential house was built without a permit and is not exempt, you must apply for a new building permit for the purpose of legalizing unpermitted construction.

Based on Article 58 of Decree 175/2024/NĐ-CP, the application dossier for a building permit for a private house includes:

• An application for a building permit using Form No. 01 in Appendix II of Decree 175/2024/NĐ-CP.
• A Certificate of Land Use Rights for residential land or equivalent document.
• Two sets of construction design drawings.
• Results of administrative procedures related to fire prevention and fighting.
• A report on the results of the construction design verification if required by construction law, including: a site plan showing the project’s location on the land plot; floor plans, elevations, and main sections of the building; foundation plans and sections with diagrams of connections to external technical infrastructure (water supply, drainage, power supply).
• A commitment to ensure safety for adjacent structures (for projects with adjoining buildings).
• A copy of the applicant’s personal legal documents.
• Proof of completion of the administrative fine payment.

Households may self-design private houses with a total floor area of less than 250m², under 3 stories, or less than 12 meters in height, consistent with approved urban and rural planning. The household is legally responsible for the design quality, environmental impact, and safety of neighboring structures.

Legalization Procedure

Based on Article 81 of Decree 16/2022/ND-CP, for the act of constructing a building without a required permit but which is eligible for one, the process is as follows:

• Step 1: Prepare Permit Application When an unpermitted construction is detected, the competent authority will issue a violation record and order the violator to halt construction. Within 30 days (for private houses) from the date of the administrative penalty decision, the violator must complete and submit an application for a building permit to the competent authority. The authority will review the application. If the structure is eligible for a permit (regarding land use rights, planning, safety), a building permit will be issued. Note: If the violator fails to present a building permit within the 30-day period, the sanctioning authority will issue a notice requiring the violator to demolish the non-compliant structure or portion thereof. The violator must carry out the demolition within a maximum of 15 days from the date the notice is sent.
• Step 2: On-site Inspection Within a maximum of 05 days after the violator presents the building permit, the sanctioning authority will inspect the current state of the structure and create a record of its compliance with the issued permit.
• Step 3: Confirm Construction Status The violator may only resume construction if the inspection record confirms the structure’s status conforms to the issued building permit. If the structure does not conform to the permit, the violator must demolish the non-compliant part within 15 days from the date of the inspection record. The process of legalizing unpermitted construction requires strict adherence to these steps.

Note: If the violator continues construction while applying for a permit or permit adjustment, they will be penalized under Article 16, Clause 13 of Decree 16/2022/ND-CP. Failure to comply with a demolition order will result in enforced demolition according to the law on handling administrative violations.

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

Legal Penalties for Unpermitted Construction

According to Article 16, Clauses 7 and 15 of Decree 16/2022/ND-CP regarding violations of construction order:

• A fine ranging from 60,000,000 VND to 80,000,000 VND is imposed for building a private house without a required permit.
• Forced demolition of the violating structure or part of the structure.

Note: This fine applies to organizations. For individuals committing the same violation, the fine is half the amount for an organization (as per Article 4, Clause 3, Point c of Decree 16/2022/ND-CP).

Consulting Services for Legalizing Unpermitted Construction by Long Phan Consulting

Long Phan Consulting Company provides expert consulting services for legalizing unpermitted construction on residential land. Our services include:

• Analyzing your dossier and assessing the feasibility of legalization under current regulations. This is a key step in legalizing unpermitted construction.
• Assisting in preparing and drafting all necessary documents and materials.
• Guiding the submission process and monitoring progress with competent authorities.
• Acting as an authorized representative to submit the dossier, receive the adjusted permit, and deliver it to you.
• Resolving any issues that arise during the permitting process.

We commit to supporting you until all procedures are complete. Long Phan Consulting Company ensures the protection of your rights and your satisfaction throughout the entire process of legalizing unpermitted construction. You can trust the effectiveness of our services.

Frequently Asked Questions about Legalizing Unpermitted Construction

Here are common questions and answers to clarify the process of legalizing unpermitted construction.

Distinction Between “Unpermitted” and “Non-compliant” Construction?

Construction law does not formally define these terms; they are common descriptions for two types of violations: “Unpermitted construction” is starting construction without a permit from a competent authority when one is required. This is a primary issue in legalizing unpermitted construction. “Non-compliant construction” is building differently from the issued building permit (e.g., changing the design, increasing area or floors). Penalties and remedies vary based on the violation’s nature.

After Paying a Fine for Unpermitted Construction, Is Demolition Still Required?

According to Article 16 of Decree 16/2022/ND-CP, if the construction is complete, it must be demolished. If it is not yet complete, you have 30 days to apply for a permit. If a permit is granted, demolition is not required.

When is an Unpermitted House Forcibly Demolished?

Article 139, Clause 1 of the 2023 Law on Housing states that if a house must be demolished and the owner does not voluntarily comply, a competent state agency will issue a forced demolition decision.

When Does the 30-Day Legalization Period Start?

Based on Article 81, Clause 1 of Decree 16/2022/ND-CP, the 30-day period for legalizing unpermitted construction starts from the date the administrative penalty decision is issued, not from the date the violation is recorded. Failure to obtain a permit within this period will result in a demolition order.

How are “Illegal Profits” Calculated?

According to Article 84, Clause 3 of Decree 16/2022/ND-CP, the illegal profit from unpermitted construction of a private house is 50% of the value of the violating construction part. This value is calculated by multiplying the violating area by the unit construction cost issued by the provincial People’s Committee at the time of the violation.

Conclusion

Legalizing unpermitted construction on residential land is a comprehensive legal process that extends beyond paying an administrative fine. Success depends on accurately assessing planning conditions under Decree 16/2022/ND-CP, fulfilling financial obligations, and preparing a complete building permit application. Long Phan Consulting Company is ready to provide fast and effective support for legalizing unpermitted construction. Contact us via our hotline at 1900636389 for detailed advice.