PROCEDURES FOR ISSUANCE OF PRIVACY FOR CONSTRUCTION OF PRIVATE HOUSES

Currently, the demand for housing construction is increasing, especially in big cities. Before construction, applying for a construction permit is the first job of the owner, unless the work is exempted from a construction permit. So what is the procedure to apply for a permit to build a separate house? The following article will guide in detail on the above issue.

1. What is a building permit?
 
Construction permit is a legal document issued by a competent state agency to an investor for new construction, repair, renovation or relocation of works.
 
2. In case of having to apply for a permit to build a separate house
 
Pursuant to the provisions of the revised Construction Law 2020 (effective from January 1, 2021), individual housing construction works must have a construction permit issued by a competent state agency. to the investor as prescribed by law, except for the following cases:

Separate houses with a scale of less than 07 floors belonging to investment projects on construction of urban areas, investment projects on housing construction with detailed planning of 1/500 already approved by competent state agencies;

Grade IV construction works, separate houses in rural areas with a scale of less than 07 floors and in areas where there is no urban planning, construction planning for functional areas or detailed construction planning for rural residential quarters approved by a competent state agency; grade IV construction works, separate houses in mountainous areas and islands in areas without urban planning or construction planning of functional zones; except for works, separate houses built in conservation zones, historical-cultural relics;
 
3. Conditions for issuance of permits for construction of separate houses
 
a. General conditions for granting construction permits for separate houses in urban areas include:
  • Be suitable for land use purposes according to approved land use planning and architecture management regulations promulgated by competent state agencies;
  • Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security;
  • Design and construction of separate houses shall be carried out according to regulations;
  • Dossier of application for a construction permit according to regulations.
  • In accordance with the detailed construction planning; For separate houses in areas or streets in urban areas that have been stabilized but have no detailed construction planning, they must conform to regulations on management of architecture or urban design approved by competent state agencies. issuing authority.
b. For individual houses in the countryside
 
The construction must conform to the detailed planning on construction of rural residential quarters.
 
4. Dossier of application for a construction permit for separate houses
  • An application for a construction permit;
  • A copy of one of the papers proving the land use right as prescribed by the law on land;
  • Construction design drawings;
  • For construction works with adjacent works, there must be a commitment to ensure safety for adjacent works.
5. Order and procedures for licensing the construction of separate houses:
 
Step 1: Prepare documents
 
Step 2: Submit your application
 
The investor submits 02 sets of application for a separate house construction permit to the People's Committee of the district where the construction is located to receive a construction permit for the investor.
 
Step 3: Receipt of application
 
The receiving department will check the application for a building permit.
If the documents are complete and correct, the receiving department will give the appointment letter (receipt) to the owner.
If the application for a construction permit is incomplete or incorrect, the receiving department will guide the owner to complete the application.
 
Step 4: Process the request
  • Within 07 working days from the date of receipt of the dossier, the agency competent to issue construction permits must organize the appraisal of the dossier and conduct a field inspection. When appraising dossiers, competent agencies must identify missing documents, documents that are not in accordance with regulations or reality in order to notify once in writing to the investor to supplement and complete the dossier. profile;
  • In case the supplemented dossier fails to satisfy the requirements specified in the written notice, within 05 working days, the competent authority shall notify in writing and instruct the investor to continue completing the dossier. profile. The investor is responsible for supplementing and completing the dossier according to the written notice;
  • If the addition of the dossier still fails to satisfy the notices, within 03 working days, the competent authority shall notify the investor of the reason for not granting the permit;
  • Within 12 days for works and individual houses from the date of receipt of dossiers, the consulted state management agencies are responsible for replying in writing the contents of their management functions. mine. After the above time limit, if these agencies have no opinions, they are considered to have agreed and must be responsible for the contents under their management functions; construction permit-issuing agencies shall base themselves on current regulations to decide on the grant of construction permits.
Step 5: Return the result
 
From the date of receipt of a complete and valid dossier, the agency competent to grant construction permits must consider the dossier to issue a permit within 15 days for individual houses. In case the permit is expired but needs further consideration, the construction permit-issuing agency must notify the investor in writing of the reason and concurrently report it to the direct management competent authority for consideration. and direct the implementation, but not more than 10 days from the expiration date as prescribed in this Clause.
 
6. Housing construction permit application fee
 
Fees for issuance of construction permits Pursuant to Article 2 of Resolution 18/2017/NQ-HDND
 
In Ho Chi Minh City, the cost of applying for a construction permit will be:
  • For individual houses: 75,000 VND
  • For other works: 150,000 VND
  • Construction permit extension, re-issuance, adjustment: VND 15,000

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