Applying for a Building Permit: The Important First Step to Your Dream Home

Before starting to build a home, building permit is a mandatory legal step, ensuring that the project complies with planning, is safe and avoids legal risks. At XHOME Saigon, we understand that this procedure can be complicated with many regulations. The article will provide a clear, easy-to-understand perspective on the conditions, documents, processes and necessary notes, helping customers feel more secure and proactive on the journey to realizing their dream home.

Necessary conditions for applying for a building permit for a single-family home

To be granted a construction permit, the investor must meet the following basic conditions:

• Legal land use rights: Must have documents proving land use rights (red book, pink book), land is not in dispute, not subject to recovery, and land use purpose is suitable for housing construction. 
• Suitable for construction planning: The project must comply with the approved detailed construction planning (if any), including red line boundaries, construction boundaries, construction density, land use coefficient and building height.
• Standard construction design documents: Design drawings must be made by a qualified unit/individual, ensuring load-bearing safety, safe use, aesthetics, fire prevention and fighting, and environmental protection. 
• Other conditions (depending on the case): Safety commitment for adjacent structures (if any), written approval of foundation construction measures for structures with basements. 

See more: Experience in choosing reputable construction contractors

What does a house building permit application include?

Preparing complete and accurate documents is a key factor in the process. building permit happens quickly. A standard set of documents usually includes:

1. Application for construction permit: According to the prescribed form.
2. Notarized copy of documents proving land use rights: Red book, pink book or other legal documents.
3. Construction design drawings: Usually 02 sets, including master plan, floor plans, elevations, sections, foundation plans, technical infrastructure connection diagram (electricity, water).
4. Commitment to ensure safety for adjacent works: If your building is adjacent to another building.
5. Other documents as required by each locality: For example, design review report (for large projects), design unit's capacity profile. 

Note: If in HCMC, you can watch now Components and public service portal for submitting documents of Ho Chi Minh City People's Committee

See more: Design & Build turnkey solutions

What is the process for applying for a housing construction permit?

The Franchising Process building permit Housing typically goes through the following basic steps:

• Step 1: Prepare documents: Collect and complete all required documents.
• Step 2: Submit application: Submit directly to the People's Committee of the competent authority (district/county/commune level depending on decentralization), via postal service or online via the public service portal. 
• Step 3: Receiving and evaluating documents: The competent authority will check the validity and completeness of the documents. If valid, you will receive a receipt. The documents will be assessed for legal and technical aspects. In case of any shortcomings, the authority will notify and provide timely guidance for supplementation.
• Step 4: Granting construction permit: If the application meets the requirements, the competent authority will issue a construction permit. If the requirements are not met, a written response stating the reasons will be issued.
• Step 5: Receive license and pay fee: The investor receives the license and pays the fee as prescribed.

See more: Detailed quote for raw house construction

Authority to grant housing construction permits

Authority to issue certificate building permit classified as follows: 

• Commune People's Committee: Single-family homes in rural areas with approved planning.
• District People's Committee: Individual houses in urban areas, level III, IV works.
• Provincial People's Committee (or authorized Department of Construction): Special level, level I, II works, religious works, historical - cultural relics.

Note: The authority competent to issue construction permits shall also be the authority competent to adjust, extend, reissue and revoke the construction permits it has issued.

Time to process construction permit application

According to the provisions of Current Construction LawFrom the date of receiving complete and valid documents, the competent authority will issue a construction permit within:

• Urban single-family homes: No more than 15 working days.
• Rural single family housing: No more than 10 working days.

Note: In some cases where further expert advice or assessment is required, the time may be extended by up to 10 working days. The actual processing time depends on the completeness and accuracy of the documents and the complexity of the project.

See more: Top best turnkey home construction companies in HCMC

Building permit fees and related costs

• License fee: As regulated by the Provincial People's Council, it varies depending on the locality. For example, in Ho Chi Minh City and Hanoi, the fee for individual housing is usually around 75.000 VND.
• Other costs may arise: Drawing design costs, measurement costs (if necessary), design document appraisal costs (for complex projects), support service costs (if any). 

See detailed fee table of some provinces and cities in Vietnam:

What cases are exempt from building permits?

The 2020 amended Construction Law stipulates a number of cases where individual houses are exempt from construction permits. building permit, include: 

• Individual houses under 07 floors in urban area projects with approved 1/500 planning (must notify construction commencement and send design documents).
• Single-family houses in rural areas under 07 floors, located in areas without approved urban planning/functional areas/detailed planning of rural residential areas (except conservation areas and relics).
• Individual houses in mountainous and island areas in areas without urban/functional planning (except conservation areas and relics).
• Repair and renovation works inside or outside not adjacent to urban roads that require architectural management and do not change function, structure bear the force

See more: What is raw house construction and detailed items?

Important note: Even though exempted from licensing, investors must still comply with planning, safety and environmental regulations.

Common problems and notes when applying for a construction permit

To process building permit go smoothly, investors need to note:

• Incomplete or invalid profile: Especially land documents, design drawings are missing.
• Construction not in accordance with planning: Exceeding height, construction density, wrong setback. 
• Design does not meet standards: Safety, fire prevention, environment. 

Recommendation from XHOME Saigon:

• Check planning information carefully in the proposed construction area.
• Prepare complete and accurate documents as directed by the authorities.
• Consult with architects and professional design firms to have a standard design profile. XHOME Saigon with a team of experienced architects is always ready to support you during this stage.
• Apply early to allow enough time to process and adjust if needed.

Penalties for illegal construction

According to reputable news site Luatvietnam mentioned, Building houses without papers building permit will be punished according to Decree 16/2022/ND-CP:

• Fine:
  • Urban: 60 - 80 million VND (organization), 30 - 40 million VND (individual).
  • Rural: Lower fines.
  • Construction that does not comply with the license will also be penalized.
• Remedy: Forced to dismantle all or part of the violating construction. 

The Role of Architects and Contractors in the Permitting Process

• Architect: Design the project in accordance with regulations, prepare drawings for licensing, ensuring technical and aesthetic standards. 
• Construction contractor (like XHOME Saigon): With experience and understanding of the process, we can advise, support in preparing documents and represent investors in carrying out procedures. building permit, saving time and effort.

See more: Design & Build turnkey solutions

Next steps after obtaining a building permit

After receiving the paper building permit, investors need: 

1. Notice of commencement of construction for local building authorities.
2. Construction must be carried out in accordance with the contents of the permit. and approved drawings, ensuring labor safety and environmental hygiene.
3. Acceptance organization each item and acceptance of completed project.
4. Project completion to complete legal procedures.

See more: Top best turnkey home construction companies in HCMC

Takeaways

The Franchising Process building permit Although housing has many steps and requires caution, it is a solid legal foundation for your home. Understanding the regulations, preparing documents carefully and cooperating with professional units such as XHOME Saigon will help this process become simpler and more effective.

XHOME SAIGON – ACCOMPANYING YOU IN CREATING THE PERFECT HOME!

We do not just provide services interior design and high quality construction but also ready to advise and support customers throughout the process. building permit, ensuring all procedures take place smoothly, quickly and legally.

Contact XHOME Saigon now for detailed advice!

• Address: 1st Floor, Orient Building, No. 331 Ben Van Don, Ward 1, District 4, HCMC
• Hotline: 0899.199.786
• Website: xhomesg.com.vn