Residential land can build factories, common problems during the actual survey, design and construction consultants, most construction contractors have to go through and find the best possible solution for them. each specific case. So, whether residential land can be built with factories or not, the same point is through the information in this article.
Residential land is an area of land that is planned for the construction of houses for the construction of facilities serving the needs of daily life, usually gardens and ponds attached to houses in the same plot of land in residential areas... recognized as residential land by the state. Symbols of residential land on the planning map: ONT residential land in rural areas, ODT residential land in urban areas
Commercial land or commercial and service land is the type of land used for building establishments with commercial and service business activities like other works for the purpose of construction for economic business purposes.
The symbol is: SKK land with production and business establishments is denoted SKC, land serving mineral activities SKS, land producing building materials and ceramics is denoted SKX.
In order for the investor to factory building on residential land, it is necessary to convert the land use purpose on residential land into commercial business land.
Pursuant to the provisions of Article 12 of Circular 330/2017/TT-BTNMT, which clearly stipulates cases of change of land use purpose without obtaining permission from competent authorities, including cases of conversion of residential land to non-residential land. agriculture but not for living.
In addition, according to Article 153 of the 2013 Land Law, when using commercial land for non-agricultural production establishments, land for non-agricultural production establishments must be consistent with the master plan, land use plan, urban construction planning and master plan. construction of rural residential quarters approved by competent state agencies and regulated on environmental protection.
Based on the common definition, in order for residential land to be able to build factories, the investor needs to change the land use purpose. This does not require permission from a state agency, but the investor needs to register a land change that must be consistent with the master plan, land use plan, urban construction planning, rural residential area construction planning approved by competent state agencies and regulations on environmental protection.
Construction permit is a legal document issued by a competent state agency to an investor to construct, repair, renovate, and relocate a work.
For any construction work, except for a number of projects that are exempt from construction permits by the state, the investor shall apply for a factory building permit.
- For the construction of factories in urban areas
+ Conform to the detailed construction planning approved by the competent state agency. For construction works in areas and streets in urban areas that have been stabilized but have not yet had detailed construction planning, they must conform to regulations on management of planning, urban architecture or urban design as approved by the authority. promulgated by the competent state agency.
+ 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, ensuring safety of technical infrastructure, protection corridors of dike irrigation works, energy, traffic , cultural relics, historical and cultural relics, ensuring a safe distance to flammable and toxic works and works related to national defense.
+ The workshop design is appraised and approved according to the provisions of Article 82 of the Law on Construction 2014.
+ Dossier of application for a construction permit suitable to each type of permit as prescribed in Articles 94, 96 and 97 of the 2014 Law on Construction.
- For the construction of factories that do not follow the route outside the urban area
+ In accordance with the location and total space approved in writing by the competent national agency
+ Satisfying the conditions specified in Clauses 3, 4 and 5, Article 91 of the 2014 Law on Construction
- Prepare dossiers of application for factory construction permits, including:
To apply for a factory building permit, the investor needs to prepare all kinds of documents
- An application for a factory building permit
- 01 Certificate of land use right (copy) in accordance with the law on land
- Workshop construction design drawings
- For construction works with adjacent works, there must be a written commitment to safety for adjacent works
Residential land can build factories ? In order to facilitate the application for a construction permit to create a premise for all future completion works, the following steps should be followed in the correct order:
Step 1: Prepare documents according to the above documents
Step 2: Submit the application at the agency competent to issue a construction permit where the factory is about to be built and want to apply for a construction permit
Step 3: The dossier-receiving department checks the dossier. The application is complete and meets the conditions when the applicant will receive the receipt and give it to the land user.
In case of missing documents, the submitter needs to add more
Where further consideration is required, the construction licensing agency will notify the land user in writing of the reason, and at the same time report it to the direct management competent authority for consideration and direction of implementation.
Step 4: Receive the construction permit result according to the appointment letter and pay the prescribed fee.
The above article provides information about the case of residential land where factories can be built. Hopefully the above information will help the problems that the investors are facing to be handled smoothly, the factory construction takes place quickly and smoothly.
