Những vấn đề cần lưu ý khi xây dựng nhà ở

1. If you want to build a house, you must have land. "Having land" here, of course, must be understood as the right to use land, not another interpretation. Regarding land use rights, what should be noted?

- Need to see if the land plot I'm going to build a house on can build a house or not?

This, you have to see what kind of land your land belongs to, is it prohibited to build houses or not? You can see this on your Certificate of Land Use Right, Papers on Land Use Rights, Decision on Land Allocation, Land Lease... land 2013 to know the land type of your parcel. Because according to the provisions of Clause 1, Article 6 of the 2013 Land Law, land must be used for the right purposes. If the land cannot be built for housing, you must carry out the procedures for converting the land use purpose to residential land.

Procedures for conversion of land use purpose are specified in Article 69 of Decree 43/2014/ND-CP, Article 6 of Circular 30/2014/TT-BTNMT and Article 11 of Circular 02/2015/TT-BTNMT.

- In addition to checking by yourself, to exploit land parcel information, you have the right to request the authorities to provide land data. Procedures and application forms are specified in Circular 34/2014/TT-BTNMT. The information you have the right to request includes: legal status, land use rights, history of changes....

2. After checking the information and status of your land plot to build a house, everything is done. The next problem is applying for a building permit.

First, check to see if your parcel of land is exempt from a building permit. If it is exempt, everything is too easy, just build it. The cases of exemption from construction permits are specified in Clause 2, Article 89 of the Law on Construction 2014. You need to check carefully.

If you are not exempt from building permits, you need to apply for a construction permit before "building a house".

Conditions for issuance of construction permits with separate houses:

• Be suitable for land use purposes according to the approved land use planning;
• Ensuring safety for neighboring works and works and requirements on environmental protection, fire and explosion prevention and fighting; ensure the safety of technical infrastructure, protection corridors for irrigation works, dikes, energy, traffic, cultural heritage areas, historical - cultural relics; ensuring a safe distance to inflammable, explosive and toxic works and important works related to national defense and security;

- Design for construction of separate houses must satisfy the following conditions:

• The design for construction of separate houses must comply with applicable standards, technical regulations, and legal provisions on the use of building materials, and meet the requirements for functional use and applied technology (if applicable). Yes); ensure bearing safety, safety in use, beauty, environmental protection, response to climate change, fire and explosion prevention and control and other safety conditions;
• Households may design their own separate houses with a total construction floor area of less than 250 m2 or less than 3 floors or less than 12 meters in height, in accordance with the approved construction planning and take responsibility before law. about the design quality, the impact of the construction on the environment and the safety of the neighboring works.

- Dossier of application for a construction permit includes:

• An application for a construction permit;
• A copy of one of the papers proving the land use right as prescribed by the law on land;
• Construction design drawings;
• For construction works with adjacent works, there must be a commitment to ensure safety for adjacent works.

- Competence to issue construction planning permits is prescribed as follows:

• Provincial-level People's Committees grant construction planning permits to construction investment projects in national-level special-function zones;
• District-level People's Committees shall grant construction planning permits to construction investment projects that do not fall into the cases specified above.