The Ministry of Construction received a petition from the Citizen of H.Q. H on the Information System for receiving and processing feedback and recommendations on legal normative documents of the Ministry of Justice. The content of the petition is as follows:
I am currently building a 2-story detached house on Hung Vuong street, Khe Sanh town, former Huong Hoa district, Quang Tri province. Through studying QCVN 01:2021/BXD and current regulations, I found that QCVN 01:2021/BXD does not specifically stipulate the size of balconies and umbrellas allowed to protrude outside the construction boundaries, but management is mainly carried out through the Architectural Management Regulation or planning approved by competent authorities.
However, in the area I am currently building: No architecture management regulations have been issued. No detailed 1/500 scale plan. Hung Vuong street has a road boundary of about 25m, sidewalks about 3m wide, and complete technical infrastructure.
Balcony races according to the design plan do not affect power lines, green trees, technical infrastructure systems as well as traffic activities. Meanwhile, in some other urban areas of Quang Tri province such as Dong Ha and Quang Tri wards, due to the architecture management regulations, people are considered to be allowed to race balconies according to local regulations.
Therefore, I respectfully request the Ministry of Construction to guide the following contents: In case the locality does not have an Architecture Management Regulation and also does not have a detailed 1/500 scale plan, what legal regulations will the construction permit issuing agency base on to decide whether to allow or not to allow balcony races?
If current law does not specifically stipulate the size of balconies allowed to protrude, does the construction permit issuing agency have the right not to allow balcony racing? If so, based on which specific articles and clauses of the legal normative document?
For roads with a lane width of 25m, with sidewalks about 3m wide, balcony races do not affect traffic, technical infrastructure and project safety, does the Ministry of Construction recommend or guide localities to consider allowing people to race balconies at a maximum level suitable to ensure urban aesthetics and legitimate rights of people? Does the Ministry of Construction have any solutions or guidance for localities that have not issued Architecture Management Regulations to avoid the situation where in the same province, people in areas that already have Architecture Management Regulations are allowed to race balconies, while people in areas that do not have Architecture Management Regulations are not considered, leading to inconsistency in the application of law?
After studying, the Ministry of Construction responded as follows:
The size of balconies and umbrellas of individual houses mentioned above are architectural details of construction works managed according to urban planning or design or architectural management regulations approved and promulgated by competent authorities. The formulation, approval, and promulgation of the above regulations must ensure compliance with the law on urban and rural planning and the National Technical Regulation QCVN 01:2021/BXD; QCVN 01:2021/BXD (to be replaced by QCVN 01:2026/BXD from January 1, 2027).
In case the locality where the above-mentioned individual houses are located does not have architectural management regulations and also does not have a detailed 1/500 scale plan, the competent authority issuing the construction permit shall base on the provisions of law on urban and rural planning, architecture, construction, relevant legal regulations and applicable technical standards to consider and decide on specific design plans.
In case the construction boundary coincides with the red line boundary, the arrangement of architectural details of the project must ensure the principles specified in clause 2. 6. 7 QCVN 01:2021/BXD (to be replaced by QCVN 01:2026/BXD from January 1, 2027).
To ensure that architectural management and construction permit is carried out uniformly, state management agencies in localities need to urgently complete regulations on architectural management in accordance with the law, in accordance with local management requirements. The Ministry of Construction respectfully informs citizens of H.Q. H to know and implement.
