Do I have to apply for a construction permit when building a level 4 house?
Pursuant to Clause 30, Article 1 of the 2020 amended Construction Law, amended by Point b, Clause 1, Article 57 of the 2024 Law on Urban and Rural Planning, which stipulates the cases where a construction permit must be applied for as follows:
- Construction works must have a construction permit issued by a competent state agency to the investor in accordance with the provisions of this Law, except for the cases specified in Clause 2 of this Article.
- Cases where level 4 houses are exempted from construction permits include:
+ Construction works of level IV, individual houses in rural areas with a scale of less than 7 floors and located in areas without urban planning, legal planning on urban and rural planning of functional areas or detailed planning for the construction of rural residential areas approved by competent state agencies; construction works of level IV, individual houses in mountainous areas, islands in areas without urban planning, planned according to the law on urban and rural planning of functional areas; except for works and individual houses built in conservation areas, historical - cultural relic sites;
Thus, in the case of building a level 4 house in rural areas with a scale of less than 7 floors and in areas without urban planning, planning according to the law on urban and rural planning of functional areas or detailed planning for rural residential areas approved by competent state agencies, there is no need to apply for a construction permit.
What does the application for a level 4 house construction permit include?
Comparing the above regulations, when building a level 4 house in an urban area, it is necessary to carry out the procedures for applying for a construction permit.
Pursuant to Clause 1, Article 95 of the 2014 Construction Law, the dossier for requesting a new construction permit for individual houses is regulated as follows:
a) Application for a construction permit;
b) accompaniment of one of the documents proving land use rights as prescribed by the law on land;
c) Construction design drawings;
d) For construction works with adjacent works, there must be a commitment to ensure safety for adjacent works.
What are the procedures for granting a level 4 house construction permit?
Pursuant to Clause 1, Article 102 of the 2014 Construction Law, the construction permit issuance process is regulated as follows:
- The investor submits 2 sets of documents requesting a construction permit and adjusting a construction permit to the competent authority issuing a construction permit;
- The competent authority issuing the construction permit is responsible for receiving the documents of organizations and individuals requesting the issuance and adjustment of the construction permit; checking the documents; recording the receipt in case the documents meet the regulations or instructing the investor to complete the documents in cases where the documents do not meet the regulations;
- Within 7 working days from the date of receipt of the dossier, the competent authority issuing the construction permit must organize the dossier appraisal and field inspection.
- The competent authority issuing the construction permit is responsible for comparing the conditions according to the provisions of this Law to send documents to collect opinions from the state management agency on areas related to construction works according to the provisions of law (amended by Point a, Clause 36, Article 1 of the 2020 amended Construction Law);
- Within 12 days from the date of receipt of the dossier for individual works and houses, the state management agencies that are surveyed are responsible for responding in writing to the contents under their management functions.
- From the date of receiving a complete and valid dossier, the competent authority issuing the construction permit must review the dossier to issue a certificate within 20 days for the case of granting a construction permit, including a construction permit with a term, an adjusted construction permit, a relocation permit and within 15 days for individual houses.
