On the Government Portal, Mr. T.T. in Ho Chi Minh City reflected that his house was built in 1967, brick walls, corrugated iron roof, and is now seriously degraded: the house walls are tilted, cracked, and at risk of collapsing.
When Mr. T contacted the Ward People's Committee to apply for a construction permit, he was told that his house was entangled in road expansion planning, and the area after deducting the road boundary of his house was not enough for new construction.
The Ward People's Committee only agreed to allow Mr. T to repair items such as replacing corrugated iron and paving the foundation.
Because his house has been built for a long time, many places are rotten, so it is difficult to repair, if he dismantles it for repair, the risk of collapse is very high.
Road boundary planning has been implemented since 1995, although the State has not had a road expansion plan, functional agencies also refused to grant him a term construction permit.
Mr. T also learned that in Ho Chi Minh City there are many roads and alleys that do not have conditions to expand, so the number of houses in road and alley boundaries is quite large.
If construction permits are not issued for a limited time, it will affect the rights and lives of many households like him.
Mr. T requested functional agencies to provide specific guidance on applying for a construction permit to repair and build houses in the above cases.
The Ministry of Construction answers this question as follows:
According to the provisions of point a, clause 1, Article 94 of the 2014 Construction Law (amended and supplemented according to the provisions of clause 33, Article 1 of Law No. 62/2020/QH14), general conditions for issuing construction permits:
Belonging to areas with construction sub-area planning, functional area sub-area planning or detailed planning, detailed construction planning of functional areas that have been approved and announced by competent state agencies but have not been implemented and have not had a land recovery decision from a competent state agency.
Suitable to the scale of works prescribed by the Provincial People's Committee for each area and the duration of existence of works according to the plan to implement construction sub-area planning, functional area sub-area construction planning or detailed planning, detailed construction planning of functional areas that have been approved by competent state agencies.
At the same time, according to the provisions of Clause 3, Article 94 and Point b, Clause 1, Article 93 of this Law, construction works licensed for a term must meet the conditions of "ensuring safety for works and adjacent works and requirements for environmental protection and fire and explosion prevention".
Therefore, if his house meets the above regulations, it falls under the case of being granted a term construction permit (the competent state agency has no right to refuse to issue it).
In case further clarification is needed, please study the above-mentioned legal regulations and guidelines, and contact the competent authority for construction permits in the locality for guidance.
