The Ministry of Construction responds to the regulation on applying for a construction permit when building a house on subdivided land

Xuyên Đông |

The Ministry of Construction has just answered a question from a commune official about the regulation on applying for a construction permit when building a house on subdivided land.

On the Government Portal, Mr. N.V.T said that he is currently working at the commune's Economic Department. In the process of implementing residential area and urban area projects in the commune, there are 2 different views on granting construction permits.

The first view is that the project under the construction investment project has been appraised by the specialized construction agency for the feasibility study report on construction investment in the area with a detailed 1/500 scale planning, including traffic works, infrastructure, water supply and drainage, communication, individual houses built roughly... not including individual houses in the case of subdivision and sale of land.

Therefore, individual housing projects subject to subdivision and sale of land in residential areas and urban areas must apply for a construction permit according to regulations.

Second view, works under construction investment projects that have been appraised by the construction expert agency and the feasibility study report for construction investment in areas with detailed planning at a scale of 1/500 include traffic works, infrastructure, water supply and drainage, communication, individual houses built roughly, individual houses subject to subdivision and sale of land.

Therefore, individual housing projects subject to subdivision and sale of land in residential areas and urban areas do not have to apply for a construction permit according to regulations.

Mr. T suggested that the Ministry of Construction have instructions for his unit to implement in accordance with regulations.

The Ministry of Construction responds to this issue as follows:

According to current law, for residential area projects with the goal of investing in infrastructure construction and transferring land to households and individuals to build their own houses, with a detailed plan 1/500 approved by competent state agencies.

When people receive a transfer of land for self-construction of houses that are not exempted from a construction permit according to the provisions of the Construction Law (except for cases covered by the provisions of Point i, Clause 2, Article 89 of the Construction Law 2014, which has been amended and supplemented in the Law amending and supplementing a number of articles of the Construction Law No. 62/2020/QH14).

Xuyên Đông
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