Have land but dare not build house
Present at alley 26, street 12, Tam Binh ward, Thu Duc city (HCMC), we witnessed this area has many plots of land divided into lots of about 50 m2 , 5 m wide, 10 m long. Many houses were built before, but there are also many newly built houses. While houses built before Decision 56 took effect were built on the entire land with a height of one ground floor, one mezzanine, two floors, and one attic; newly built houses must be set back 2.4 m in the front and 1 m in the back, causing the whole house to protrude and retract. It is worth mentioning that the setback required according to the new regulations makes many people feel unsatisfactory.
Talking to us, Mr. Tuong, a local resident, said that he had designed the construction, but when he submitted the application to the Thu Duc City Urban Management Department to apply for a permit, he found out that his house was required to be set back 2.4 m in the front and 1 m in the back. This left the house with a length of 6.6 m, making it very difficult to design and arrange rooms. "I saved up for more than ten years to buy a plot of land to build a house and settle down, but while the houses on both sides were built up, I was forced to set back in the front and back, which was very disadvantageous. Now I can't build, can't live in, and can't sell. My family still has to rent a house. I hope the city will remove the unrealistic regulations so that we can feel secure in building houses to live in," said Mr. Tuong.
Even though he has land, Mr. Tuong (Thu Duc City, Ho Chi Minh City) does not dare to build a house and has to rent a house because the new regulations require that when building a house, the front and back must be moved back a lot.
People on Street 22, Linh Dong Ward, Thu Duc City are also upset about the setback and land use coefficient currently being applied here. Mr. Cuong has 100 square meters of land and plans to build a company office combined with a warehouse. But when he applied for a construction permit, the floor area was reduced by nearly half compared to before and compared to other houses in the same area, so he stopped. "If I build a house, I will only build about 1 ground floor and 1.5 floors. Meanwhile, the two houses on both sides have been completed with a ground floor, a mezzanine, three floors, an attic and do not have to set back in front or back. This is too unfair to those who built later like us," said Mr. Cuong.
According to our observations, the rows of houses built before Decision 56 took effect were one ground floor, one mezzanine, three floors, and one attic. But when Decision 56 took effect, the land use coefficient here was only 1.75 and forced to set back 2.4 m in the front and 2 m in the back. That means on a 100 m2 plot of land, people were only allowed to build a total usable floor area of 179 m2 , equivalent to one ground floor and one and a half floors.
Mr. Duy Thanh, in Long Thoi commune, Nha Be district, said that when he applied for a construction permit, he was forced to move back 4 meters in front and 2 meters in back, even though the road was 7 meters wide and the sidewalk was already quite wide, nearly 1 meter. "My land is 98 square meters, now it has to be moved back 6 meters in front and back, losing almost all of the land when the remaining construction area is only 30 square meters . Decision 56 is not suitable, does not satisfy the people, and causes too many difficulties for the people. I hope the city will soon study and revise Decision 56 to make it suitable," Mr. Duy Thanh suggested.
Decision 56 needs to be revised quickly.
According to lawyer Hoang Thu (Ho Chi Minh City Bar Association), the Ministry of Construction has issued Circular 01 regulating construction setbacks, construction density, land use coefficients, etc. Decision 56 of Ho Chi Minh City is not in accordance with the spirit of the circular. Because with Decision 56, the smaller the land area, the lower the construction density compared to large plots of land. Plots of land in the subdivision area with an area of 50 m2 have a density reduced by 34%. There are many areas with very low land use coefficients while the spirit of Circular 01 is aimed at very large plots of land to ensure fire prevention and ventilation. When investors have a need to establish a high-rise housing project, they will use the land use coefficient to control the population size. As for individual houses, they will be controlled by the height of the building, construction density and construction setback, not applying the land use coefficient. Therefore, it is unreasonable for Ho Chi Minh City to apply land use coefficients to individual plots of land.
"Ho Chi Minh City's housing needs are huge and always at the top of the country. A plot of land (not located in areas with special requirements) when people build houses should be given maximum space conditions as stipulated in the Construction Law, Circular 01, and in the general planning of Ho Chi Minh City, but now it is very limited. This has seriously reduced the effectiveness of land use to serve the living and working needs of households, affecting the lives and economy of the people. The purpose of Decision 56 is to help the city become synchronous and beautiful; but when implemented in practice, many problems arise that are not suitable, not close to the people, and even cause damage to the people, so it needs to be amended accordingly," said Lawyer Hoang Thu.
Seeing the above shortcomings, the Department of Construction of Ho Chi Minh City has sent a document to the Department of Planning and Investment to propose amendments and supplements to Decision 56 to suit the reality. According to this document, the regulation on the rear setback of townhouses for plots of land larger than 50 m2 must be set back from 1 - 2 m. This leads to a smaller construction area, affecting the rights of the people. Moreover, the regulations on the rear setback in existing, stable areas do not create uniformity and unity. Therefore, according to Mr. Le Tran Kien, Deputy Director of the Department of Construction, it is necessary to consider adjusting the regulations on the rear setback, which should only be applied to new urban areas and existing housing areas in urban areas with plans for renovation and refurbishment. Regarding the regulation on maximum height, it is also necessary to review errors to correct and adjust according to the direction of Vice Chairman of the City People's Committee Bui Xuan Cuong.
Decision 56, through practical application, has been effective in concretizing national technical standards and regulations on planning, architecture and construction to manage architecture in accordance with the actual conditions of Ho Chi Minh City.
However, there are still some contents that are not suitable for practice and some contents have errors in the drafting, typing and printing process. Therefore, it is necessary to review to correct or adjust and supplement the content of the regulations on architectural management in Ho Chi Minh City.
Vice Chairman of Ho Chi Minh City People's Committee Bui Xuan Cuong
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