Do I have to apply for another construction permit when selling land that already has a construction permit in the name of the previous owner?
In Clause 1, Article 98 of the Construction Law regulates cases of adjusting construction permits as follows:
“Article 98. Adjustment of construction permit
1. During the construction process, in case there is a design adjustment that changes one of the following contents, the investor must request an adjustment to the construction permit:
a) Changing the architectural form of the exterior of the building for urban buildings in areas with architectural management requirements;
b) Change one of the factors of location and construction area; scale, height, number of floors of the building and other factors affecting the main load-bearing structure;
c) When adjusting the design inside the building to change the functionality, affecting safety, fire and explosion prevention and protection, and environmental protection.”
At the same time, construction permits will only be re-issued in cases of being torn, crushed or lost according to the provisions in Clause 1, Article 100 of the Construction Law.
Thus, in case you want to sell a piece of land and assets attached to the land that are housing construction projects that have been granted a construction permit, the buyer does not need to make adjustments to the construction permit.
At the same time, you may not be re-issued a permit if the project has a construction permit that has been issued in accordance with the law.