1. In what cases must a Construction Permit be obtained to build a house?

Pursuant to Article 89 Construction Law 2014 (Revision2020) stipulates that housing must have a construction permit before starting construction as follows:

(1) Before starting construction, the investor must have a construction permit issued by a competent state agency according to the provisions ofConstruction Law 2014, except for the case specified in clause (2).

(2) Works exempt from construction permits include:

- State secret works, works built under emergency orders and works located in the areas of two or more provincial administrative units;

- Works belonging to construction investment projects approved for investment by the Prime Minister, Ministers, Heads of ministerial-level agencies, and Presidents of People's Committees at all levels;

- Temporary construction works serving the construction of main works;

- Works built on routes outside urban areas but in accordance with construction planning approved by a competent state agency or approved by a competent state agency on the direction of the project;

- Construction works belonging to industrial park projects, export processing zones, and high-tech zones with detailed planning of 1/500 have been approved by competent state agencies and have their construction designs appraised according to regulations. of this Law;

- Housing and urban development projects, housing development projects with a scale of less than 7 floors and a total floor area of ​​less than 500 m2 has a detailed planning of 1/500 that has been approved by a competent state agency;

- Repairs, renovations, and installation of equipment inside the building do not change the load-bearing structure or the building.

- Technical infrastructure projects in rural areas only require the preparation of economic and technical reports on construction investment and are in areas where there is no approved detailed planning for construction of rural residential areas;

- Construction works in rural areas in areas without approved urban development planning and detailed construction planning; Individual houses in rural areas, except individual houses built in conservation areas and historical and cultural relic sites;

- Project construction investors are exempt from construction permits according to the provisions of Points b, d, dd and i, Clause 2, Article 89. Construction Law 2014 Responsible for notifying the time of construction commencement along with construction design documents to the local construction management agency for monitoring and filing.

Thus, in addition to the above cases of exemption from construction permits, all housing construction cases must have a construction permit according to the provisions of law.

2. If the land has no papers, are people allowed to build houses?

In Clause 5, Article 3 Decree 53/2017/ND-CP Regulating legal land documents for granting construction permits, including:

Types of documents specified in Article 100 ofLand Law 2013; Article 18 of Decree 43/2014/ND-CP Detailed regulations implementing a number of articles ofLand Law 2013; and provisions in Clause 16, Article 2Decree 01/2017/ND-CP Amending and supplementing a number of Decrees detailing implementationLand law; or confirmation from the commune-level People's Committee; and certified by the land registration agency as eligible; to issue certificates of land use rights, ownership of houses and other assets attached to land.

Accordingly, to be granted a construction permit, it is necessary to have a Certificate, documents proving land use rights, and documents proving housing ownership.

In addition, in cases where there are no documents on land use rights or legal housing ownership, it is allowed to use a certificate from the Commune People's Committee and be fully certified by the land registration agency. Conditions for issuance of Certificate to apply for construction permit.

In short, according to the above regulations, when there is no certificate of land use rights, ownership of houses and other assets attached to land, land users can still apply for a house construction permit if they have the following documents: proof of land use rights.

Therefore, land without documents can still be built if the above conditions are met.

3. Conditions for granting construction permits for individual houses

According to Article 93 Construction Law 2014 (Revision2020) regulates the conditions for granting construction permits for individual houses as follows:

- General conditions for granting construction permits for individual houses in urban areas include:

+ Suitable for land use purposes according to the provisions of land law and architectural management regulations promulgated by competent state agencies;

+ Ensuring safety for construction and neighboring works and requirements for environmental protection, fire and explosion prevention and control; ensure the safety of technical infrastructure, protection corridors of irrigation works, dykes, energy, traffic, cultural heritage areas, historical and cultural relics; ensure a safe distance from flammable, explosive, toxic works and important works related to national defense and security;

+ Individual house construction design is carried out according to the provisions of Clause 7, Article 79 Construction Law 2014

+ Dossier to request a construction permit as prescribed in Clause 1, Article 95, Article 96 and Article 97 Construction Law 2014.

- For individual houses in urban areas, they must meet the conditions prescribed above and be consistent with detailed construction planning; For individual houses in stable urban areas and streets but without detailed construction planning, they must be in accordance with architectural management regulations or urban design approved by competent state agencies. issuance authority.

- For individual houses in rural areas, construction must be in accordance with the detailed planning for construction of rural residential areas.