Does building a warehouse require a building permit? The question is often asked because storage is a very important asset to a business. According to the law in Clause 2, Article 89 of the Construction Law 20214 as amended by Clause 30, Article 1 of the revised Construction Law 2020, works are exempted from construction permits in the following cases.
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.
Bên cạnh đó sẽ có phát sinh những tình huống sau:
Case 1: Your intended warehouse is exempt from construction permits for temporary construction works, works to be repaired/renovated, works located in the area of two administrative units Provincial level and above…
Case 2: The warehouse you intend to build is not exempt from construction permits. If it is a project that does not require a construction permit, it must apply for a construction permit before starting construction.
Instructions on how to apply for a warehouse building permit
In case the construction of your warehouse is subject to a construction permit application (not in the case specified in Article 89 of the 2014 Law on Construction, Clause 30, Article 1 of the revised Construction Law 2020), you must apply for a construction permit. building permits. The order of applying for a construction permit shall comply with Article 102 of the Law on Construction 2014 as follows:
Step 1: Prepare the application for a construction permit
- Pursuant to Article 95 of the 2014 Law on Construction, Article 43 of Decree 15/2021/ND-CP, an application for a construction permit for a warehouse is in two cases:
+ Warehouse is a construction work along a route: is a construction work built along a certain route in one or more administrative boundary areas, such as roads, railways, power transmission lines, etc. , telecommunications cables...and other similar works (Clause 3, Article 3 of Decree 15/2021/ND-CP);
+ Warehouse is a non-linear construction: It is a warehouse that is not built in a certain linear direction (in contrast to a warehouse, which is a construction work along a line).
In case the warehouse is a non-linear construction work
Firstly, an application form for a construction permit, form 01 (Appendix II of Decree 15/2021/ND-CP);
Second, one of the documents proving the land use right in accordance with the land law of the land user such as: Certificate of land use right issued under the Land Law 1987, Certificate of ownership House ownership and residential land use rights granted under Decree 60/CP, Certificate issued under Land Law 2013,…(Article 3 Decree 53/2017/ND-CP);
Third, other documents include:
+ Decision on approval of investment project approved by competent authority;
+ A written notice of appraisal results from a construction authority and a dossier of basic design drawings enclosed with a certification stamp (if any);
+ Report on construction design verification results as prescribed in Clause 4, Article 41 of Decree No. 15/2021/ND-CP (applicable to construction works that greatly affect the safety and interests of the community). request verification according to the provisions of Clause 6, Article 82 of the Law on Construction 2014, Clause 24, Article 1 of the revised Law on Construction 2020);
+ Certificate of approval for design of fire prevention and fighting and approved documents and drawings enclosed with the provisions of the law on fire prevention and fighting according to the provisions of law;
+ A document showing the results of carrying out procedures on environmental protection according to the provisions of the law on environmental protection in case the construction investment feasibility study report is not appraised at a specialized agency in charge of environmental protection. construction in accordance with current law provisions;
Fourthly, 02 sets of construction design drawings in construction design documents shall be deployed after the basic design approved by competent authorities in accordance with the construction law, including:
+ The drawing of the total ground of the whole construction project (investment), the location of the construction work on the land lot;
+ Architectural drawings of the main premises, elevations and sections of the construction work;
+ Drawing of the ground, cross-section of the foundation of the construction work;
+ Drawings showing the main structural solutions of the construction work;
+ The drawing of the ground connection with the technical infrastructure system outside the work or project (construction investment project).
Fifth, in addition, you should prepare additional documents to prove the identity of the owner of the work applying for a construction permit, such as identity card/citizen identity card (the owner is an individual). , certificate of business registration/certificate of investment/decision of establishment… (the owner is an organization).
In case the warehouse is a linear construction work
Firstly, an application form for a construction permit, form 01 (Appendix II of Decree 15/2021/ND-CP);
Second, one of the documents proving the land use right in accordance with the land law of the land user such as: Certificate of land use right issued under the Land Law 1987, Certificate of ownership House ownership and residential land use rights granted under Decree 60/CP, Certificate issued under Land Law 2013,…(Article 3 Decree 53/2017/ND-CP);
Third, other documents include:
+ Decision on approval of investment project approved by competent authority;
+ A written notice of appraisal results from a construction authority and a dossier of basic design drawings enclosed with a certification stamp (if any);
+ Report on construction design verification results as prescribed in Clause 4, Article 41 of Decree No. 15/2021/ND-CP (applicable to construction works that greatly affect the safety and interests of the community). request verification according to the provisions of Clause 6, Article 82 of the Law on Construction 2014, Clause 24, Article 1 of the revised Law on Construction 2020);
+ Certificate of approval for design of fire prevention and fighting and approved documents and drawings enclosed with the provisions of the law on fire prevention and fighting according to the provisions of law;
+ A document showing the results of carrying out procedures on environmental protection according to the provisions of the law on environmental protection in case the construction investment feasibility study report is not appraised at a specialized agency in charge of environmental protection. construction in accordance with current law provisions;
Fourthly, 02 sets of construction design drawings in construction design documents shall be implemented after the basic design approved by competent state agencies according to regulations, including:
+ Location map of the construction route;
+ General ground drawing or construction plan drawing;
+ Drawings of major longitudinal and transverse sections of the construction route;
+ Drawing of the ground, cross-section of the foundation of the construction work;
+ Drawings showing the main structural solutions of the construction work;
+ Drawing of the ground connection with the technical infrastructure system outside the work or project (one of the connections to be made is electrical connection, ...).
Fifth, in addition, you should prepare additional documents to prove the identity of the owner of the work applying for a construction permit, such as identity card/citizen identity card (the owner is an individual). , certificate of business registration/certificate of investment/decision of establishment… (the owner is an organization).
Because we have not received enough information about your construction work (warehouse), we cannot conclude that the authority competent to issue a construction permit to you is the District People's Committee or the People's Committee. Provincial level/Department of Construction/Management Board of industrial parks, export processing zones, hi-tech zones, economic zones. Based on our answers and specific to your case, you choose the appropriate filing agency.
Step 2: Process the request and return the result
Agencies competent to issue construction permits shall receive dossiers of application for construction permits and perform the tasks specified in Article 102 of the Law on Construction 2014 as follows:
- Appraisal of dossiers, field inspection within about 07 days from the date of receipt of valid dossiers;
- Request the investor to supplement the dossier in case the dossier of application for a construction permit is missing or contains errors;
- Agencies competent to issue construction permits are responsible for comparing the conditions under the provisions of the 2014 Law on Construction, the revised Law on Construction 2020 to send a written request to the State management agency for opinions on the following issues: field related to construction works according to the provisions of law (the time limit for the State management agencies to be asked to reply to the agency competent to grant construction permits is 12 days from the date of receipt of dossiers, in case after the above time limit, the questioned agencies do not give any reply, they are considered to have agreed and must take responsibility within the scope of their professional management).
The competent authority shall return the construction permit as a result to the investor when fully meeting the statutory conditions.
Note: The total time to issue a construction permit for a work (warehouse) is 20 days in the case of a work construction permit.
The total time for granting a work construction permit (warehouse) is no more than 30 days for the case where the permit is due but needs further consideration. At this time, the construction permit-granting agency must notify the investor in writing of the reason, and at the same time report it to the direct management competent authority for consideration and direction of implementation.
