1. Do I need permission to build a wooden house or build a wooden house?

According to the provisions of the Construction Law, before constructing works, the investor/owner of construction works is required to carry out procedures for applying for a construction permit (except for cases permitted by law). exemption from construction permits).

In fact, individuals and households wishing to build prefabricated houses and build houses with the main material being wood will not have to apply for a construction permit if they belong to one of the following categories: The cases specified in Clause 2, Article 89 of the 2014 Construction Law, amended by Clause 30, Article 1 of the 2020 Amendment Law, are specifically as follows:

– Built wooden houses are considered temporary construction works according to the provisions of Article 131 of the Construction Law 2014, amended by Clause 49, Article 1 of the Construction Law 2020: Wooden houses are a type of structure formed. simple, does not have all the functions like the main project, the time for this project to exist is only a short time and is not fixed. After the temporary construction period, it will be demolished either when the main project has been built or according to the decision on recovery/demolition of the competent authority;

– The process of building wooden houses is done through repairing and renovating the inside of the building or repairing and renovating the exterior that is not adjacent to urban roads with requirements for architectural management according to regulations. decision of a competent state agency;

In addition, the repairs and renovations carried out do not change the usability and must ensure factors related to the safety of the load-bearing structure of wooden houses, as well as the planning approved by state agencies. have appropriate authority for this repair and renovation;

- In terms of the location of the wooden house being built, it must be located in two or more provincial administrative units or the wooden house is a construction project along an outside urban line in accordance with the construction planning or planning with The technical and specialized nature has been approved by a competent state agency;

– For projects that have had their construction design appraised by a specialized construction agency and are found to be eligible to approve the construction design and meet the conditions for granting a construction permit according to regulations. According to the Construction Law 2014, building wooden houses in this case is also exempt from construction permits;

– Individuals and households building wooden houses will be exempted from applying for a construction permit if they are individual houses with a scale of less than 07 floors belonging to an urban area construction investment project or construction investment project. Housing with detailed planning of 1/500 approved by competent authorities;

– The construction of individual houses in rural areas with the number of floors of the building being less than 7 floors in areas without urban planning, functional area construction planning or detailed planning for construction of rural residential areas. Once approved by a competent state agency, a license is not required; or in the case of building wooden houses that are individual houses in mountainous areas or islands in areas without urban planning or functional area construction planning (excluding individual houses built in protected areas). preserves, historical and cultural relics);

Thus, building wooden houses or wooden houses requires a construction permit from a competent authority depending on each case. If the wooden house is built for long-term use and is not exempted from applying for a construction permit as analyzed above, the individual or household needs to carry out procedures to apply for a construction permit. In the case of erecting a wooden house, it is considered to be a temporary house and does not require a permit.

2. What do the documents and procedures for applying for a wooden house construction permit include?

2.1. Dossier to apply for a wooden house construction permit:

 According to the provisions of Article 95 of the Construction Law 2014, specifically:

– Prepare 01 application for a new housing construction permit: Form No. 01 Appendix II issued in Decree 15/2021/ND-CP;

– Need to have one of the documents proving land use rights (notarized copy) such as certificate/pink book, similar documents with value to prove legal ownership as specified in Article 100 of the Land Law 2013/or Article 18 of Decree 43/2014/ND-CP...);

– To build a wooden house, 02 design drawings are required;

– A written commitment to ensure your family's safety regarding the construction of wooden houses if there is a construction adjacent to your family's wooden house project;

2.2. Procedures to be granted a license to build wooden houses and build wooden houses:

Step 1: Prepare documents to apply for a wooden house construction permit

Individuals and organizations preparing documents are guided in section 2 of this article.

Step 2: Submit documents to the competent authority

After being prepared, the application for a wooden house construction permit will be submitted to the state agency competent to issue construction permits. According to the Construction Law 2020, the authority to handle this file includes:

 – Provincial People's Committees issue construction permits for works of types A, B and C according to the provisions of Article 88 of the Construction Law 2020;

– District-level People's Committees have the authority to issue construction permits for works of types b and e according to the provisions of Article 88 of the Construction Law 2020.

Regarding application form: Subjects can submit applications directly to competent state agencies or submit via the internet according to the provisions of the Construction Law 2020 and its guiding documents.

 Step 3: Processing the application for a wooden house construction permit:

After the state agency receives the dossier and processes it, the processing result will fall into one of the following cases:

– Case 1: if the application is valid and meets the conditions for issuance of a construction permit, the applicant will be granted a construction permit by the state agency within no more than 15 working days from the date of receipt. have valid documents;

– Case 2: If the application is invalid or not qualified, the license applicant will be informed of the specific reason and receive instructions on editing and supplementing the application.

The time to make this addition and correction is no more than 3 working days from the date of receipt of the dossier. After the period of editing and supplementation, the permit applicant will be granted a construction permit within no more than 12 working days from the date of receipt of reasonable additional and edited documents.

Step 4: Proceed to build the wooden house according to the construction permit

When granted a construction permit by a state agency, the subject receiving this permit needs to have the following responsibilities:

 – First: individuals and organizations are responsible for notifying the time when construction begins to the state agency competent to issue construction permits. This notification must be made before actual construction begins;

– Second: the construction process must be carried out according to the approved design and must not be arbitrarily modified and must ensure technical safety, labor safety, fire and explosion prevention; At the same time, the issue of environmental protection and conformity with construction planning must also be focused and complied with permission from competent state agencies;

 – Third: after construction is completed, acceptance of the project must be carried out according to the provisions of the amended Construction Law 2020 and guiding documents;

– Fourth: responsibility for registering construction completion according to the provisions of the amended Construction Law 2020 and other guiding documents.

3. Penalties for arbitrarily building a wooden house without a construction permit:

Individuals who commit violations of organizing construction works without a construction permit will be subject to the penalty level recorded in Clause 7, Article 16 of Decree 16/2022/ND-CP as follows: after:

– When directly building individual houses, the fine is from 60,000,000 VND to 80,000,000 VND;

– In the process of building individual houses in conservation areas, historical-cultural relics or other construction works, the fine will increase higher, specifically from 80,000,000 VND to 100,000,000 VND;

– For construction works, it is mandatory to prepare a construction investment feasibility study report or a construction investment feasibility report must be prepared, but individuals and organizations that do not do so will be fined. from 120,000,000 VND to 140,000,000 VND.

Legal documents used in the article:

– Amended Construction Law 2020;

– Decree No. 16/2022/ND-CP of the Government: Regulations on sanctioning administrative violations in construction;

– Decree No. 15/2021/ND-CP of the Government: Detailed regulations on a number of contents on construction investment project management.