In which cases must a construction permit be adjusted?
According to Clause 1, Article 98 of the 2014 Construction Law, cases that require an adjustment to the construction permit include:
- Change the form of the architectural exterior of the project for urban works in areas with requirements for architectural management;
- Change one of the factors of location, construction area; scale, height, number of floors of the project and other factors affecting the main load-bearing structure;
- When adjusting the interior design of the building to change the usable function, affecting safety, fire prevention, explosion, and environmental protection.
Procedures for applying for an adjustment of individual housing construction permit in 2025 according to Decision 864?
Details of procedures for applying for an individual housing construction permit adjustment are specified in Sub-section 4, Section C, Part II of the List of administrative procedures issued with Decision 864/QD-BXD in 2025 (effective from July 1, 2025), implemented as follows:
- The investor submits 2 sets of documents requesting the issuance of construction permit adjustment to the Commune-level Public Administration Service Center (directly or online or via postal service)
- Within 7 working days from the date of receipt of the dossier, the competent authority issuing the construction permit must organize the dossier appraisal, on-site inspection, and notify the investor in writing once to supplement and complete the dossier if the documents are still missing, the documents are not in accordance with regulations or are not in reality. The construction licensing agency is responsible for checking the conditions for granting a construction permit according to the provisions of Article 50 of Decree 175/2024/ND-CP. The inspection is conducted as follows:
+ Compare the suitability of the construction design drawings in the construction permit application with the basic design assessed by the construction expertise agency and stamped for confirmation for works under the project with a request for appraisal of the feasibility study report at the construction expertise agency;
+ Check the suitability of the construction design drawings in the construction permit application with the construction design drawings approved for fire prevention and fighting by competent authorities for construction works subject to fire prevention and fighting approval requirements;
+ Check the completeness and validity of the inspection results report (if any) for works requiring design examination.
- Within 5 working days from the date of receipt of additional documents but not meeting the requirements according to the notice, the competent authority issuing the construction permit is responsible for notifying the investor in writing to continue completing the documents.
In case the supplement of documents still does not meet the contents according to the notice, within 3 working days from the date of receipt of the supplementary documents, the competent authority issuing the construction permit is responsible for notifying the investor about the reason for not issuing the construction permit adjustment.
- The competent authority issuing the construction permit compares the conditions according to the provisions of the Construction Law to send a document to collect the opinion of the relevant state management agency. Within 12 days from the date of receipt of the dossier, the state management agencies are asked for opinions and are responsible for responding in writing to the contents under their management functions.
After the above deadline, if these agencies do not have an opinion, they will be considered to have agreed and must be responsible for the contents under their management functions; the construction licensing agency shall base on current regulations to decide on the issuance and adjustment of the construction permit.
- Within 15 days from the date of receiving a complete and valid dossier, the competent authority is responsible for considering the issuance of a construction permit adjustment.
In case further consideration is needed, the competent authority granting the construction permit must notify the investor in writing the reason, but not more than 10 days from the date of expiration of the prescribed period.
