According to the provisions of construction law, before starting construction, the investor must carry out procedures to apply for a construction permit. However, some types of works are exempt from carrying out this procedure according to the provisions of the 2025 Construction Law, effective from January 1, 2026.
Ms. Huynh Thi Kim Phuong (HCMC) said that her family has a house located within the scope of a road project. After handing over a part of the area to serve the project, the remaining land of the family is only 24.9 m2.
Due to limited area, the family plans to build a one-story, one-story house to meet living needs and question whether this case is eligible for exemption from construction permits or not.
Ministry of Construction provides information on cases eligible for exemption from licenses
Answering this question, the Ministry of Construction said that the cases exempted from construction permits have been specified in Clause 2, Article 43 of the 2025 Construction Law.
According to regulations, some works do not need to apply for a construction permit before starting construction, including: Works that are state secrets; urgent or emergency construction works; works belonging to special public investment projects; temporary construction works; or works located on land used for national defense and security purposes according to land law regulations.
In addition, works belonging to public investment projects decided to be invested by competent authorities are also eligible for exemption from construction permits. In addition, works built along routes passing through two or more provincial-level administrative units, or built outside areas that have been oriented for urban development according to the approved plan, are also not required to carry out construction permit procedures.
Some other specific works such as works at sea under offshore construction projects that have been assigned sea areas; works at airports; works ensuring flight operations; advertising works that are not subject to licensing according to advertising laws; or passive telecommunications technical infrastructure are also in the group exempted from construction permits.
Some housing and repair projects are also exempted.
The law also stipulates exemption from permits for works under construction investment projects that have been appraised by specialized construction agencies for feasibility study reports and approved according to regulations.
In addition, level IV construction works or detached houses under 7 floors, with a total floor area of less than 500 m2 and not located in areas with architectural management requirements according to the plan are also subject to no construction permit application.
For projects to repair and renovate inside or repair the exterior but not adjacent to roads in urban areas that require architectural management, if the renovation does not change the function of use, does not affect the load-bearing structure, and at the same time ensures fire prevention and environmental protection requirements, construction permits are also exempted.
The Ministry of Construction requests people to carefully study relevant legal regulations to apply them correctly in each specific case. When necessary, people can contact the competent authority issuing construction permits in the locality for detailed guidance.
