What are temporary houses and temporary construction works?

*What is a tabernacle?

The tabernacle can be understood as:

- General understanding: Temporary houses are houses built for a temporary nature, temporary, short-lived, design and construction materials are not focused.

- How to understand from a legal perspective:

Temporary houses are individual houses used for a certain period of time according to the construction planning implementation plan with some easily recognizable characteristics such as unstable construction and simple design.

* What is temporary construction work?

Article 131 of The  Construction Law 2014 is amended and supplemented by Clause 49, Article 1 of the Amended Construction Law 2020, providing for temporary construction works as follows:

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

- Construction of main works.

- Used for organizing events or other activities during the time allowed by the regulations of the Provincial or District People's Committee.

In addition to regulations explaining what temporary construction works are, the Amended Construction Law 2020 also clearly stipulates a number of other issues as follows:

- Investors and construction contractors organize their own appraisal and approval of designs, construction estimates and construction of temporary works.

In case the project greatly affects safety and community benefits, the construction design must be verified for safety conditions and sent to the local specialized construction agency for monitoring and inspection. 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 project's lifespan expires.

The investor may request the Provincial People's Committee or District People's Committee to approve the continued exploitation and use of temporary construction works for the construction of main works if the works comply with the regulations. zoning; ensure requirements for load-bearing safety, fire and explosion prevention and fighting, environmental protection and relevant legal regulations.

Do temporary construction require a construction permit?

* For temporary houses (individual houses used for a certain period of time)

Case 1: Temporary houses are built in areas with construction zoning planning, functional area construction zoning planning or detailed planning, functional area construction detailed planning that has been approved by a competent state agency. approved and announced but not yet implemented and no decision on land recovery if conditions are met.

If a temporary house falls into this case, a construction permit must be obtained before starting construction, which means a construction permit must be applied for.

Case 2:Temporary houses do not fall into case 1

If the temporary house is an individual house and does not fall into case 1, whether or not a construction permit is required depends on the construction area.

Pursuant to Article 89 of The Construction Law amended and supplemented by Clause 30, Article 1 of the Amended Construction Law 2020, temporary houses in the following cases are exempt from construction permits before starting construction:

(1) Individual houses with a scale of less than 07 floors belonging to urban area construction investment projects, housing construction investment projects with detailed planning of 1/500 that have been approved by competent state agencies Browser.

(2) Individual houses in rural areas with less than 07 floors and in areas without urban planning, functional area construction planning or detailed planning for construction of rural residential areas have been approved by the agency. competent state approval.

(3) Individual houses in mountainous areas and islands in areas without urban planning or functional area construction planning.

Accordingly, it can be seen that most temporary houses, if not located in urban areas, are exempt from construction permits, except in cases of construction in conservation areas or historical-cultural relics areas. This is easy to understand, because temporary houses are mainly one-story houses, built temporarily to stay for a certain period of time.

* For temporary construction works

Clause 2, Article 89 of the Construction Law 2014 is amended and supplemented by Clause 30, Article 1 of the Amended Construction Law 2020, which stipulates that before starting construction, the investor must have a construction permit issued by a competent authority. granting authority, except for the following cases where construction permits are exempted:

“a) State secret works; emergency construction works;

…

c) Temporary construction works as prescribed in Article 131 of this Law;”.

Thus, temporary construction works according to Article 131 of The Construction Law 2014 are amended and supplemented by the Amended Construction Law 2020. You do not have to apply for a construction permit before starting construction, because it is exempt.