What is illegal construction land?
Illegal construction is the act of organizing construction without a construction permit when a permit is required by law.
Illegal construction is the act of organizing construction work that is not in accordance with the granted construction permit.
Legalizing an unlicensed or improperly built house is essentially an act of adjusting a building permit or applying for a new permit.
When can an unauthorized builder continue construction?
Clause 16, Article 16 of Decree 16/2022/ND-CP stipulates: For the acts specified in Clauses 4, 6, 7 and 8 of this Article while under construction, in addition to being fined according to regulations, the order and procedures specified in Article 81 of this Decree must also be followed.
Clause 4, Article 81 of Decree 16/2022/ND-CP stipulates:
- Organizations and individuals committing violations may only continue construction if the inspection report and record of the current status of the construction confirm that the current status of the construction is consistent with the granted construction permit, adjusted construction permit or adjusted construction design that has been appraised.
- In case the current status of the construction is not in accordance with the construction permit or adjusted construction permit or adjusted construction design that has been appraised, within a maximum period of 15 days from the date of making the inspection record and recording the current status of the construction, the organization or individual committing the violation shall be forced to demolish the construction or part of the construction that is not in accordance with the construction permit or adjusted construction permit or adjusted construction design that has been appraised.
In addition, Clause 5, Article 81 of Decree 16/2022/ND-CP stipulates:
- During the time limit for applying for a construction permit or adjusted construction permit or adjusted construction design, if the violating organization or individual continues to carry out construction, they will be handled according to the provisions of Clause 13, Article 16 of this Decree.
- Organizations and individuals who do not implement the compulsory demolition measures prescribed in Clause 2 and Clause 4 of this Article shall be subject to compulsory enforcement in accordance with the provisions of law on handling administrative violations.
Thus, for acts of construction that are not in accordance with the construction permit (wrongful, illegal) and acts of organizing construction without a construction permit that is required by regulations and is under construction, the organization or individual committing the violation must request adjustment or issuance of a construction permit. In case the construction has been completed (the violation has ended), it must be demolished.
Time limit for adjusting or granting construction permits
Clause 1, Article 81 of Decree 16/2022/ND-CP stipulates: Within 30 days from the date of issuance of the decision on administrative sanctions, organizations, households and individuals who build houses not in accordance with the granted construction permit (illegal construction) if they meet the conditions for adjusting the construction permit must complete the application for the competent authority to issue the adjusted construction permit.
