1. What is a construction permit?

According to current regulations, a construction permit is a very important legal document. For projects, a permit must always be obtained before starting construction, which is the basis for determining violations of construction laws, handling administrative violations, and even in some cases deciding on the number of construction permits. part of the project.

Based on Clause 30, Article 1 of the 2020 Amended Construction Law, regulations on construction permits include the following types:

– Renewed construction permit;

– Construction, repair and renovation permit;

– Construction permit for relocation of works;

– Limited-term construction permit, this is called a permit issued for the construction of works and individual houses that can be used for a certain period of time according to the construction planning implementation plan.

2. Do I need a permit to build a house with a corrugated iron roof and steel frame?

Hello Lawyer, I permanently reside in Quang Nam. Currently, I want to build a house with a corrugated iron roof and steel frame to use as a factory to serve my family's business purposes. I have read the provisions of the law, but I still do not understand clearly whether my case requires a construction permit or not. I want to ask, do I need a permit to build a house with a corrugated iron roof and steel frame? We look forward to having a lawyer answer your questions. Thank you.

In fact, it can be seen that a house with a corrugated iron roof and steel frame is a type of house built very simply and compactly, using an iron and steel frame to build the house. This type of house is very popular in construction projects because of its cost savings and ease of disassembly and moving from one construction to another.

Currently, according to the provisions of Clause 30, Article 1 of the 2020 Amended Construction Law, the following cases are exempted from construction permits:

- Temporary construction works according to the provisions of Article 131 of the Construction Law.

Accordingly, Article 131 of the Construction Law amended 2020, temporary works are defined as follows:

– Temporary construction works are types of works built for a certain period of time to serve the following purposes:

+ Implemented to construct main works;

+ Used for organizing events or other activities within the specified time.

– For works specified in Point b, Clause 1, Article 131, the district-level People's Committee or Provincial People's Committee must approve the location, construction scale and duration of the project. temporary.

– The construction contractor organizes the appraisal, the investor approves the design, construction estimate and carries out the construction of temporary works. In cases where the project greatly affects safety and community interests, the construction design must be verified for conditions to ensure safety and sent to the local construction specialized agency. to monitor and check according to regulations.

– Temporary construction works must be demolished when the main works of the construction investment project are put into operation or when the life of the works expires. The investor may request the District People's Committee or Provincial People's Committee to approve the continued exploitation and use of temporary construction works specified in Point a, Clause 1, Article 131 of the Construction Law if the project is suitable. with planning, ensuring load-bearing safety requirements, fire and explosion prevention and fighting, environmental protection and relevant legal regulations.

Thus, to answer the above question, building a corrugated iron-roofed house with an iron and steel frame does not require permission if that corrugated iron house is built for the construction of main works or used for organizing events or activities. Other activities within the time approved by the Provincial/District People's Committee. However, for corrugated iron houses used for organizing events, approval from the district-level People's Committee or provincial-level People's Committee must be obtained regarding the location, scale of construction, and the duration of the building's existence. temporary works.

3. Cases of making corrugated iron roofs that require a permit:

Hello Luat Duong Gia! Currently I am having some problems related to construction permits. I want to ask the Lawyer: I built a house with a corrugated iron roof in the countryside to use as a firewood warehouse. During the process of building my house, the Committee came down to make a record about building a house without a permit. I was quite surprised because I had always thought that if I built a house with a corrugated iron roof and an iron frame, I would not need permission. I hope Luat Duong Gia can help me answer this question.

Hello, to share useful information with you. We would like to introduce Duong Gia Law, but in the case of building a corrugated iron house, you must ask for permission so that you can understand better.

In addition to cases where roofing with iron frames requires a permit, there are still some cases where roofing with iron frames is exempt and does not require a permit as stipulated in Article 89 of the 2014 Construction Code. However, In cases outside of this regulation, you will have to apply for a permit with the competent management agency before repairing or constructing the roof. Some cases requiring licensing procedures include:

– In the case of constructing corrugated iron roofs for warehouses, corrugated iron roofs for parking lots, processing workshops, farms, etc. in cities and areas that have been planned and managed by competent authorities, You will need to apply for a permit

– In case of repairing corrugated iron roofs with the purpose of changing the exterior architecture adjacent to the road in urban areas, architectural management is required.

– For corrugated iron roof construction projects that affect urban aesthetics and the surrounding environment

– Corrugated iron roof projects that change the structure and load-bearing properties of the house.

From the above regulations, in your case, not applying for a permit is against the current Construction law. Therefore, the authority that has the authority to make your records is completely correct. You need to urgently apply for a permit to continue building a house with an iron frame roof.

4. Application for construction permit:

For license applications specified in Clause 1, Article 95 of the Construction Law 2014, including the following cases:

- Application form for construction permit

-Copies of documents proving land use rights according to the provisions of land law;

-Design drawings of construction works;

-For projects with other adjacent structures, there must be a written commitment to ensure safety with surrounding adjacent structures.

The People's Committee at the ward and commune level is the competent authority to decide on the issuance of construction permits.

5. Handling of construction projects without construction permits:

According to the provisions of Decree 16/2022/ND-CP regulating the form of handling illegal construction works, specifically:

According to the provisions of Clause 4, Article 16, regulations on penalties for organizing construction works contrary to the content of the construction permit issued in the case of licensing repair, renovation, and relocation of works. Construction permits and licenses have deadlines as follows:

– For construction of individual houses, the fine will be from 15,000,000 VND to 20,000,000 VND;

– For construction of individual houses in conservation areas, historical-cultural relics or other construction works, a fine of from 25,000,000 VND to 30,000,000 VND will be imposed;

– For construction projects that require a construction investment feasibility study report or projects that require an economic-technical construction investment report, a fine of from 70,000,000 VND to 90,000 VND will be imposed. 000 VND.

According to the provisions of Clause 6, Article 16, the penalty level for organizing construction works against the content of the issued construction permit in the case of granting a new construction permit is as follows:

– For construction of individual houses, the fine will be from 30,000,000 VND to 40,000,000 VND;

– For construction of individual houses in conservation areas, historical-cultural relics or other construction works, a fine of from 50,000,000 VND to 70,000,000 VND will be imposed;

– For construction projects requiring a construction investment feasibility study report or a project requiring an economic-technical construction investment report, a fine of 100,000,000 VND to 120,000 VND will be imposed. 000 VND.

Legal documents used in the article:

– Construction Law 2014;

– Decree 16/2022/ND-CP regulating administrative handling of construction.