Reader H.D reflected that he is preparing to build a house, but when applying for a construction permit, the Ward People's Committee replied that a construction permit can only be issued for a limited time with the reason that the land area does not have a detailed 1/500 plan.
According to readers, through understanding the Construction Law, in case the land is not in the planning, a normal construction permit can be issued.
The family's land is currently not entangled in planning, so readers wonder if it is in the case of only being granted a temporary construction permit or not.
Answering this content, the Department of Economics - Construction Investment Management, Ministry of Construction said:
According to the provisions of Clause 2, Article 93 of the 2014 Construction Law, amended and supplemented at Point i, Clause 1, Article 57 of the 2024 Urban and Rural Planning Law:
For detached houses in urban areas, they must meet the conditions specified in Clause 1 of this Article and be consistent with detailed planning according to the law on urban and rural areas; for detached houses in areas and streets in urban areas that have stabilized, they must be consistent with detailed planning according to the law on urban and rural areas or separate urban design or architectural management regulations issued by competent state agencies".
In addition, according to the provisions of point a, clause 1, Article 94 of the 2014 Construction Law, amended and supplemented according to clause 33, Article 1 of Law No. 62/2020/QH14 and point k, clause 1, Article 57 of the 2024 Urban and Rural Planning Law, the general conditions for issuing a term construction permit are:
Belonging to areas planned according to the law on urban and rural planning that have been approved and announced by competent state agencies but have not been implemented and have not had land recovery decisions from competent state agencies".
Along with that, point b, clause 1, Article 94 stipulates that the project must:
Consistent with the scale of the project prescribed by the Provincial People's Committee for each area and the duration of existence of the project according to the plan to implement construction sub-area planning, functional area sub-area construction planning or detailed planning, detailed construction planning of functional areas that have been approved by competent state agencies".
From the above regulations, the Economic - Construction Investment Management Department said that in case the citizen's land area does not belong to the area specified in point a, clause 1, Article 94 of the 2014 Construction Law, it does not fall into the case of issuing a term construction permit.
The issuance of construction permits will be carried out according to Article 93 of the 2014 Construction Law, which has been amended and supplemented in the 2024 Law on Urban and Rural Planning.
