Prefab Building Permit What Is Needed?

Prefab houses - mobile homes - the trend of the new modernity, although it is a relatively new name in Vietnam, it was difficult to imagine before when it came to us because this type of assembled house is popular in many countries. other developed countries. However, up to now, this model of assembly has been and is increasingly preferred by Vietnamese people because of its low cost, no difficulty in obtaining permits, easy disassembly and saving time. time. Besides the construction - construction part, we also need to understand the legal procedures to build a complete prefab house.

What is a prefab house?

Prefab houses, also known as container houses , are designed to optimize time, good insulation, solidity with many colors, diverse designs, high aesthetics to suit all customer preferences, low cost. cheap, suitable for all different income levels of households, flexible in assembling and moving, diverse in size. Suitable for all projects and currently smart prefab houses are being widely used to make assembled garden houses, homestays, prefabricated houses for workers, civil prefab houses, assembled cafes.

Prefabricated houses do not need a building permit

The Law on Construction 2014 and the Law amending and supplementing a number of articles of the Construction Law in 2020 indicate a number of regulations on construction works.

According to point c, clause 1, article 1 of the Law amending and supplementing a number of articles of the Construction Law in 2020: Construction works are products built according to designs, created by human labor and materials. construction, equipment installed in the work, linked and positioned with the land, may include the below ground, above ground, below water and above water.

Regarding the prefab house, it is a construction work that is linked and positioned with the land, so when constructing the prefab house, the investor and the construction unit need to comply with the provisions of the current Construction Law. .

Clause 30, Article 1 of the Law amending and supplementing a number of articles of the Construction Law in 2020: Construction works must have a construction permit issued by a competent state agency to the investor in accordance with this Law, except the cases specified in Clause 2 of this Article.

From the above-mentioned laws and regulations, it can be concluded that a construction permit is required when constructing prefabricated houses, except for some special cases as follows:

According to Clause 30, Article 1 of the Law amending and supplementing a number of articles of the Construction Law in 2020, works exempt from construction permits include:

a) State secret works; emergency construction works;

b) Works under projects using public investment capital, audited by the Prime Minister, heads of central agencies of political organizations, the Supreme People's Procuracy, the Supreme People's Court, and State Auditors. State, Office of the President, Office of the National Assembly, ministries, ministerial-level agencies, Governmental agencies, central agencies of the Vietnam Fatherland Front and socio-political organizations, the Chairman of the Vietnam Fatherland Front Committee. People's Committees at all levels decide on construction investment;

c) Temporary construction works according to the provisions of Article 131 of this Law;

d) Works for repair or renovation inside the works or works for repair and renovation of the exterior that are not adjacent to roads in urban areas with requirements on architectural management according to regulations of competent state agencies. ; the repair and renovation contents do not change the use function, do not affect the safety of the load-bearing structure of the work, and conform to the construction planning approved by the competent state agency. requirements on safety, fire and explosion prevention and protection and environmental protection;

dd) The advertising works are not subject to the issuance of construction permits according to the provisions of the law on advertising; passive telecommunications technical infrastructure works according to the Government's regulations;

e) Construction works located in the area of ​​two or more provincial-level administrative units, works built along lines outside urban centers in accordance with construction plannings or planning of technical and specialized nature already approved by the competent authority. approved by competent state agencies;

g) Construction works that have been notified by a specialized agency in charge of construction of the results of appraisal of construction designs, deployed after the basic design, are eligible for construction design approval and satisfy the conditions for issuance of construction permits. construction permits in accordance with this Law;

h) Separate houses with a scale of less than 07 floors belonging to an investment project on construction of an urban area or a housing construction investment project with a detailed 1/500 plan approved by a competent state agency. ;

i) Grade IV construction works, separate houses in rural areas with a scale of less than 07 floors and in areas where there is no urban planning, construction planning for functional areas or detailed planning on construction of residential quarters rural areas approved by competent state agencies; grade IV construction works, separate houses in mountainous areas and islands in areas without urban planning or construction planning of functional zones; except for works, separate houses built in conservation zones, historical-cultural relics;

k) The investor in construction of the works specified at points b, e, g, h and i of this clause, except for separate houses specified at point i of this clause, shall send a notice of the time of construction commencement. , construction design documents according to regulations to the local state management agency in charge of construction for management.

Thus, prefab houses in the above cases will not need to apply for a construction permit. Prefab houses and mobile homes in the cases specified at points b, e, g, h and i (except for separate houses specified at point i) must send a notice of the time of construction commencement and design documents. construction plans to the local construction management agency.

Temporary construction works under Clause 49, Article 1 of the Law amending and supplementing a number of articles of the Construction Law 2020 (Amendment and supplement to Article 131 of the Law on Construction 2014) are: 1. Temporary construction works are works
approved definite-term construction serves the following purposes:
a) Construction of main works;
b) Used for organizing other events or activities during the time specified in Clause 2 of this Article.

Do you need a building permit?

Conditions for applying for a pre-assembled prefabricated house construction permit:

- Construction design dossiers of prefabricated prefabricated houses must be implemented by qualified individuals and organizations and approved by competent agencies.

- Not located in the area of ​​land likely to be flooded, subsidence or land in the area of ​​historical relics, cultural heritage.

- Construction is not contrary to investment objectives and construction purposes.

- Construction preparation must ensure the regulations on construction boundaries and safety for neighboring works.

- Must meet the requirements of fire safety, electricity and water, traffic, and environmental protection.

Dossier to apply for a permit to build prefabricated pre-assembled houses

- An application form for a construction permit (01 original according to the form).

- A copy of the certificate of land use right; (01 certified true copy).

- Drawings for factory construction permit (02 main sets, see documents below).

- The investor's written approval of construction measures to ensure safety for works and neighboring works, for construction works with basements (01 original).

- Decision approving environmental impact assessment (01 notarized copy).

- Business registration certificate of the design consultancy unit (certified copy).

- Practice certificate of the chair of design subjects (certified copy).

In addition, depending on the case, additional documents will be required such as:

In case of installation of equipment or other structures in a work already built but not owned by the investor, a certified copy of the contract with the owner of the work is required.

In case of applying for a permit to build a pre-engineered house in an industrial park, the following documents need to be added:

- 01 copy of business registration certificate or investment certificate.

- The decision approving the project together with the investment approval document of the competent authority, the written opinion on the basic design (if any) of the state management agency according to regulations.

Procedures for permits to build prefabricated houses

Step 1: Prepare and submit your application

After preparing a complete dossier as prescribed, the investor directly submits 01 set of dossier to the construction permit-issuing agency, specifically at the local People's Committee of wards and districts.

Step 2: Receive and process documents

After receiving the dossier, the construction permit-granting agency shall carry out the procedures for checking and preliminarily reviewing the dossier, specifying the document samples, in order and quantity, if satisfied, they will issue a receipt of the dossier. profile has an appointment date to return the results to the submitter.

If the application for a pre-engineered house construction permit is still lacking, the applicant will guide the applicant to complete the application.

During working time 07 days. Dossier of application for a prefabricated house construction permit must be submitted to a specialized agency for appraisal and field inspection. Then review documents that are missing, invalid, or not factual. If missing or wrong, notify the Construction Investor once in writing to supplement.

The notice to the Investor about the documents that need to be supplemented or changed is made within 05 days. After the field results are available, let the Investor complete additional documents.

In case, if additional documents are still missing, within 03. Urban management department will notify about the refusal to issue construction permits and clearly state the reasons.

Step 3: Return the result

After issuing the permit to build a pre-engineered house , according to the time specified in the appointment note, the investor must go to the receiving and returning results section of the district People's Committee to obtain the construction permit and pay the prescribed fee.

Apply for a permit to build a mobile prefab house on agricultural land

Agricultural land is one of the subjects governed by the Land Law. Therefore, when applying for a permit to build a mobile prefab house on agricultural land, it is necessary to meet the provisions of the Land Law on conversion of land use purposes.

Accordingly, cases of change of land use purpose requiring a permit include:

- Change the land for rice cultivation to land for planting perennial crops, land for afforestation, land for aquaculture, land for salt production.

- Change of land for planting other annual crops to land for saltwater aquaculture, salt production, and aquaculture land in the form of ponds, lakes and lagoons.

- Change of special-use forest land, protection forest land, production forest land to use for other purposes in the group of agricultural land.

- Converting agricultural land to non-agricultural land.

- Converting non-agricultural land allocated by the State without land use levy to non-agricultural land allocated by the State with land use levy or leased land.

- Converting non-agricultural land which is not residential land to residential land.

- Transfer of land for construction of non-business works, land used for public purposes for business purposes, land for non-agricultural production and business that is not commercial or service land to commercial or service land. Transfer of commercial and service land, land for construction of non-business works to land of non-agricultural production establishments.

- An application for construction of a mobile prefab house on agricultural land is specified in the forms related to agricultural land.

Apply for a permit to build a mobile prefab house on planned land

Suspension planning is a plan promulgated by a competent state agency, which has been announced but not implemented.

Clause 5, Article 94 of the Law on Construction 2014 stipulates:

For works and individual houses in areas where there is a construction zoning plan approved by a competent state agency and an annual land use plan of the district level, construction permits are not granted. definite-term for new construction but only granting construction permits with definite-term for repair and renovation".

As such, mobile prefab houses on planned land in the area under the above regulations may not be newly built, but only be repaired and renovated if they have a permit.

Dossier to apply for a permit to build a mobile prefab house on planned land

- An application form for a construction permit, made according to the form

- A copy or file containing the original photocopy of one of the papers proving the land use right as prescribed by the land law.

- A copy or file containing two main sets of technical design drawings or construction drawing designs approved in accordance with the law on construction, each set includes:

- A drawing of the construction site on the land plot at the scale of 1/50 - 1/500, together with a map of the location of the work.

- Drawings of floors, elevations and main sections of the work, scale 1/50 - 1/200.

- Drawing of foundation ground plan scale 1/50 - 1/200 and footing section of 1/50 scale, together with connection diagram of rainwater drainage system, wastewater treatment, water supply, electricity supply, rate information rate 1/50 - 1/200.

In case the construction design of the work has been appraised by a specialized construction agency, the design drawings are copies or files containing snapshots of construction design drawings already approved by the specialized construction agency. assessment construction.

For construction works with basements, in addition to the prescribed documents, the dossier must also include a copy or a file containing the original copy of the investor's approval of the foundation construction measure to ensure the safety of the project. nearby buildings and structures.

For construction works with adjacent works, there must be a commitment of the investor to ensure the safety of adjacent works.

Procedures for applying for a permit to build temporary or prefabricated houses on planned land

Step 1: Submit the application to the District People's Committee.

Step 2: The District People's Committee receives the application.

Step 3: Process the request.

Step 4: Return the result.

Notes when applying for a building permit

Investors need to know what type of work their works are in order to carry out appropriate legal procedures to avoid fines. Clause 5, Article 15 of Decree 139/2017/ND-CP stipulating fines for acts of organizing the construction of works in the case of requiring construction permits before starting construction without a construction permit according to regulations. Penalties will be as follows:

Case 1: A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for construction of separate houses in conservation zones, historical-cultural relics or construction of other works not falling into cases 2, 3;

Case 2: A fine ranging from VND 20,000,000 to VND 30,000,000 shall be imposed for building separate houses in urban areas;

Case 3: A fine ranging from VND 30,000,000 to VND 50,000,000 shall be imposed for construction of works requiring the preparation of economic-technical reports on construction investment or formulation of construction investment projects.

The procedure for applying for a pre-assembled house construction permit is somewhat complicated, it needs to go through many steps. However, first you need to meet the following conditions:

- Prepare design and construction documents.

- The house construction works are not located in places where subsidence, flooding, cultural and historical relics exist.

- Do not build prefab houses contrary to the original proposed purpose.

- Ensure strict observance of regulations on safety regulations and boundaries in construction.

- Ensure fire safety, electricity, water, traffic, environment.

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