What should I do if I don't have a building permit?

I own 50 square meters of land. In 2016, I obtained a building permit but didn't have enough money to build. Now I want to apply for a new building permit, but the local authorities won't grant it. What should I do?

People building houses in Dong Nai City - Illustration photo: TU TRUNG

A reader reported that he owns 50 square ^meters of land and was granted a building permit in 2016, but construction stopped due to insufficient funds. Now he wants to apply for a new building permit, but the local authorities are refusing. What should he do?

Lawyer Nguyen Thi Thu Tam replied:

Article 93 of the 2014 Construction Law (which has been amended and supplemented several times) stipulates the conditions for granting construction permits for individual houses.

Accordingly, individual houses in urban areas must meet the following general conditions for obtaining a construction permit:

- In accordance with the land use purpose as stipulated by land law and architectural management regulations issued by competent state agencies.

- Ensuring the safety of the construction site, adjacent structures, and meeting requirements for environmental protection, fire prevention, and explosion control; ensuring the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, transportation, cultural heritage sites, and historical and cultural relics; ensuring safe distances from flammable, explosive, and hazardous structures, and important structures related to national defense and security.

- The design and construction of individual houses are carried out in accordance with regulations; the application for a construction permit is also prepared in accordance with regulations.

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At the same time, the individual house must conform to the detailed planning according to the law on urban and rural areas. If the individual house is located in an established urban area or street, it must conform to the detailed planning according to the law on urban and rural areas, or a specific urban design, or architectural management regulations issued by a competent state agency.

For individual houses in rural areas, construction must comply with the detailed planning regulations as stipulated in the law on urban and rural planning.

Based on that, Article 95 of this law stipulates that the application dossier for a new construction permit for a detached house includes:

- Application for a building permit.

- A copy of one of the documents proving land use rights as stipulated by land law.

- Construction design drawings.

- For construction projects with adjacent structures, a written commitment guaranteeing the safety of the adjacent structures is required.

According to point c, clause 1, Article 102 of the aforementioned law, within 7 working days from the date of receiving the application, the competent authority for issuing construction permits must organize the assessment of the application and conduct a site inspection.

When reviewing the application, the competent authority must identify any missing documents, documents that do not comply with regulations, or documents that do not reflect reality, and notify the investor in writing once to supplement and complete the application.

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If the supplementary documents do not meet the requirements as stated in the notification, the competent authority shall, within 5 working days, notify the investor in writing, providing guidance on how to further complete the documents. The investor is responsible for supplementing and completing the documents as instructed in the notification.

If the supplementary documents still do not meet the requirements as stated in the notification, the competent authority is responsible for notifying the investor within 3 working days of the reasons for not granting the permit.

Therefore, in order to obtain a building permit for housing, the investor needs to address the reasons stated by the competent authority in the aforementioned refusal notice. If the investor disagrees with these reasons for refusal, they can file a complaint or lawsuit for the competent authority or court to consider and resolve.

LAWYER NGUYEN THI THU TAM

Source: https://tuoitre.vn/khong-duoc-cap-phep-xay-dung-phai-lam-sao-20260609160320901.htm