What cases are exempt from building permits?

In the city, there are many housing development projects that are eligible for exemption from construction permits for people to build their own houses. Photo: NAM TRAN

According to the Department of Economics - Construction Investment Management ( Ministry of Construction ), the new regulations on construction permit exemption clearly state the condition that the construction project has been appraised by a specialized construction agency for its feasibility study report on construction investment in an area with a detailed planning scale of 1/500 or the project has an urban design approved by a competent authority.

Appraisal of basic design by a specialized construction agency is not an appraisal of a construction investment feasibility study report as prescribed above, so it is not eligible for exemption from a construction permit.

HK 2 — Currently, there are many projects that had their basic designs appraised before 2021, which do not meet the conditions for being exempted from construction permits. Illustration photo: NAM TRAN

In case the project has had its feasibility study report appraised, but the design documents are adjusted during implementation, the investor must contact the local construction authority for guidance on appraising the adjusted feasibility study report and granting a construction permit according to regulations.

According to the Ministry of Construction, in addition to the newly added provisions of the Railway Law, cases exempted from construction permits have been stipulated in Clause 2, Article 89 of the 2014 Construction Law and stipulated in Clause 30, Article 1 of Law No. 62/2020/QH14 amending and supplementing a number of articles of the Construction Law.

For projects exempted from construction permits as mentioned above, the investor is responsible for sending a notice of the construction commencement time at least 3 working days in advance and sending the construction design documents as prescribed to the local state construction management agency for management as prescribed. For individual houses that have construction permits as prescribed, it is not necessary to carry out the procedure of notifying the commencement of construction.

Da Nang city's transport infrastructure is large-scale, rich and diverse. Photo: HOANG HIEP — Investors of housing development projects must be responsible for preparing design documents for individual houses and works in the project and submitting them to specialized construction agencies for appraisal so that land transferees are exempted from housing construction permits. Illustration photo: NAM TRAN

Recently, the Ministry of Construction has actively completed the draft amended Construction Law and is expected to submit it to the National Assembly for consideration and approval at the ongoing 10th session of the 15th National Assembly. In particular, there are proposals to supplement cases exempted from construction permits, simplify procedures for granting construction permits...

Mr. Tran Phuoc Hoa Binh , Head of Construction Licensing Department, Department of Construction, said that in the city, there are many housing development projects where instead of building houses and selling them, investors sell land to people to build individual houses without house design documents or these documents have not been assessed by specialized construction agencies. These cases force people to do their own documents and procedures for granting permits to build individual houses.

According to new regulations of the law, investors of housing development projects must be responsible for preparing design documents for individual houses and works in the project and submitting them to the Department of Construction for appraisal so that land transferees are exempted from building permits for individual houses and ensure planning and architecture.

Source: https://baodanang.vn/nhung-truong-hop-nao-duoc-mien-giay-phep-xay-dung-3309734.html