THINGS TO KNOW ABOUT THE LAW WHEN BUILDING A HOUSE AND PROJECT
When starting to build a house or any construction, full compliance with legal regulations is an important factor to ensure success, avoid risks and protect the rights of the investor. Failure to comply with legal regulations can lead to serious consequences, from administrative fines to having to dismantle the construction. Below are things to know about legal regulations when building houses and constructions.
1. Building permits: procedures and requirements to know
A construction permit is a mandatory condition that investors must have before starting construction. This is one of the most important documents, helping to confirm that your project is legally licensed for construction, and you will not encounter legal problems during the construction process.
Construction Permit Application Process:
- Submitting a construction permit application: The application includes construction design drawings, documents proving land use rights, and other related documents.
- Checking the application: The competent authority will check the legality of the project and the accompanying documents.
- Issuing a permit: If the application is complete and legal, the competent authority will issue a construction permit. Processing time can be from 7 to 15 days depending on the locality.
Conditions for applying for a construction permit:
- The project must comply with the approved construction plan.
- The project must meet the requirements of fire safety, environmental protection, and other technical factors.
Note: In some cases, if you build a project in an area without planning, or the project violates the planning, you will not be able to apply for a construction permit.
2. Construction planning: what must be complied with?
Before starting construction, you need to clearly understand the construction planning of the area where you intend to construct. Construction planning not only regulates the land area used, but also determines the height of the building, construction density, distance from the building to other buildings, as well as factors affecting the surrounding environment.
Issues related to construction planning:
- Construction density: Each area has regulations on the proportion of land used for construction, avoiding encroachment on too much green space or public space.
- Building height: Some areas have strict regulations on building height, especially in the city center and new urban areas.
- Building distance: Regulations on the distance between the building and other buildings, ensuring ventilation and safety for the area.
Solution: Before construction, you need to contact the authorities to learn about the construction planning in the area where you want to construct. This helps avoid violating local regulations and keeps your project from running into legal problems later.
3. Construction contracts: things to note
The construction contract is one of the important documents between the investor and the contractor, ensuring that the interests of both parties are protected and the agreements are implemented as committed.
Elements required in the construction contract:
- Scope of work: It is necessary to clarify the work items to be performed, the materials used, and the construction method.
- Contract value and payment method: It is necessary to clearly define the total construction cost and payment methods according to the construction progress.
- Construction time: It is necessary to specifically agree on the start and end time of construction, as well as the forms of penalties if the project is behind schedule.
- Construction warranty: It is necessary to clearly state the terms of the construction warranty, including the time and scope of the warranty (for example: structural warranty, electrical system, water system, etc.).
Note: You should consult with lawyers or legal experts to ensure that your construction contract has all reasonable and clear terms.
4. Land use rights issues
To be able to construct a project, you need to prove your legal ownership or right to use the land. This is a prerequisite for applying for a construction permit.
Issues related to land use rights:
- Land use right certificate: You need a legal land use right certificate (red book, pink book) issued by a state agency.
- Land transfer or lease contract: In case the land is not owned by you, you need a legal land transfer or lease contract.
- Solution: Before starting construction, you need to make sure that you have documents proving your legal ownership or right to use the land. Otherwise, you will not be able to apply for a construction permit and the project may be suspended.
5. Comply with environmental and fire prevention regulations
Construction works must comply with environmental protection and fire prevention regulations to ensure safety for the community and surrounding areas.
Environmental issues:
- Environmental impact report: For large works, an environmental impact assessment (EIA) report is required to ensure that construction does not seriously affect the surrounding environment.
- Waste management: There must be a plan for waste and garbage management during construction to ensure no pollution.
Fire prevention regulations:
- Fire prevention system: The construction must have a fire prevention and fighting system that meets standards, including fire fighting equipment, fire alarm systems and escape systems.
- Fire safety inspection: Before putting the construction into use, the competent authority will inspect and issue a fire prevention and fighting safety certificate.
6. Resolving legal disputes during construction
During the construction process, it is inevitable that some legal disputes may arise between the investor, contractor and related parties. Common disputes are often related to construction quality, construction progress, arising costs and the interests of the parties.
Methods of dispute resolution:
- Mediation agreement: If a dispute occurs, the parties can sit down to agree to resolve the issue, avoiding prolonged litigation.
- Resolution through the court: If the mediation methods are unsuccessful, the parties can bring the case to court for settlement according to the provisions of law.
- Commercial arbitration: If the contract has an arbitration clause, the parties can resolve the dispute through arbitration instead of court.
Conclusion:
Understanding and complying with legal regulations when constructing houses and works is extremely important to avoid risks and legal disputes later. Investors need to prepare all legal documents, apply for construction permits, and ensure that their projects comply with environmental regulations, fire safety, and land use rights. This not only helps protect your rights but also helps the project to be constructed legally and sustainably.
7. Introducing a reputable design & construction consulting service provider
The importance of construction units is undeniable, their reputation will ensure the quality and aesthetics of your project. Currently, there are many units providing design and construction services to meet the increasing construction needs in our country. Therefore, finding a reputable unit is not easy and requires you to spend time researching. In the selection process, you need to research carefully and ensure that the accompanying unit must have high expertise, many years of experience, have a clearly signed contract, transparent costs, ... To help customers save time searching, Hung Nghiep Phu Construction Investment Co., Ltd. is confident that it will be the best choice for you.
Hung Nghiep Phu Construction Investment Co., Ltd. with the mission of providing the best solutions and services, building a prosperous community with customers, Hung Nghiep Phu is gradually affirming its brand through sincere cooperation, with a leadership team with ethical capacity, creativity, high expertise and strategic vision. Hung Nghiep Phu owns a team of skilled, highly qualified employees who will bring customers the best quality technology.
Hung Nghiep Phu Construction Investment Co., Ltd. - specializes in the construction of civil and industrial works. We wish to accompany customers in construction projects as well as continuous procedures such as planning diagrams, applying for construction permits, completing procedures, applying for fire prevention and fighting certificates,... If you have any questions or are in need of design, completing procedures, please contact us immediately for free consultation!
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Source: Compiled from the Internet
