Does it necessary to adjust the construction permit to change the height of the construction work?
Pursuant to Article 98 of the 2014 Construction Law, it is stipulated as follows:
Article 98. Adjusting construction permits
1. During the construction process, in case there is a design adjustment that changes one of the following contents, the investor must propose to adjust the construction permit:
a) Changes in the form of the architectural exterior of the project for urban works in areas with requirements for architectural management.
b) Changes in one of the factors regarding location, construction area; scale, height, number of floors of the project and other factors affecting the main load-bearing structure.
c) When adjusting the interior design of the building to change the usable function that affects safety, fire prevention, fighting, and environmental protection.
2. The dossier for requesting an adjustment of the construction permit includes:
a) Application for adjustment of construction permit.
b) The original construction permit has been issued.
c) Design drawings related to the adjustment compared to the design that has been granted a construction permit.
d) Report the appraisal results and the document approving the adjusted design (except for individual houses) of the investor, which must include content on ensuring load-bearing safety, fire safety, fire prevention, explosion safety, and environmental protection.
Thus, the investor must propose to adjust the construction permit in case of changes in the height of the construction work during the construction process.
How is the construction permit adjustment process regulated?
Pursuant to Clause 1, Article 102 of the 2014 Construction Law, amended by Points a and b, Clause 36, Article 1 of the 2020 amended Construction Law on the process of granting construction permits and adjusting construction permits, it is stipulated as follows:
Step 1: The investor submits 2 sets of documents requesting a construction permit and adjusting a construction permit to the competent authority issuing a construction permit.
Step 2: 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 case the documents do not meet the regulations.
Step 3: Within 7 working days from the date of receipt of the dossier, the competent authority issuing the construction permit must organize the dossier appraisal, field inspection...
Step 4: 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.
Step 5: Within 12 days for individual works and houses from the date of receipt of the dossier, state management agencies are required to give written responses on the contents under their management functions...
Step 6: 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.
In case the licensing period has come but further consideration is needed, the construction licensing agency must notify the investor in writing of the reason, and at the same time report to the competent authority directly managing for consideration and direction of implementation, but not more than 10 days from the expiration date as prescribed in this clause. The time for granting a construction permit for advertising works is implemented in accordance with the provisions of the law on advertising.
