Prior to the leadership of Ho Chi Minh City has assigned People’s Committee District 7 piloted the construction permit for individual housing cases, talk with Realtime’s, lawyer Pham Cong Ut, HCMC Lawyers Association, outside Creating sleazy, removing construction permits will affect adjoining properties.
Reporter: City leaders. HCM has assigned District 7 to refuse construction permits for individual housing cases. What is your view on this?
Attorney Pham Cong Ut: This is the untied, the convenience for the people. However, it will also become dark and cause sluggishness.
For example, an unqualified piece of land is still being built. Or small horizontal tubular houses, long and deep smoking when building up will create a sluggish, asynchronous.
In such cases, if the permit is granted, the state will manage the structure, infrastructure of the people and the face of the city.
Of course, licensing is a boon to help people get rid of the donation mechanism. But this will likely affect adjoining real estate. Moreover, when people do not have a license, it is difficult to force people to comply with regulations.
Obviously, this is both good and bad, but this is a pilot, so the city will draw experience after a period of implementation.
Reporter: In addition to worrying about the abandonment of building permits will create a sloppy urban face, what is the potential risk?
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Attorney Pham Cong Ut: As mentioned above, in addition to affecting the aesthetics, the abandonment of licenses also affects the ownership.
Specifically, in the case of land use rights, the owner must be the land-use. However, if the license is deregistered, only the approval or approval will be granted.
If approved, it is the same as licensing. This also raises the case, whether you approve or not I still do. Therefore, it will affect the legal right to build the land of others, people have a red book but he built without a license.
The unlicensed building will have spaces in the public space or windows or the common path of adjacent property inside, then it will be very troublesome …
Reporter: You just said that the abandonment of building permits will affect the adjacent real estate. Could you elaborate on this?
Attorney Pham Cong Ut: If the license attached to the design drawings, forcing builders to follow. Otherwise, they do their will, affecting the adjacent property. They will bloom the windows that affect the neighboring house.
Another example, if they have a plot of land on the outside, the adjacent property is on the inside, the land they claim is theirs, they are all covered, there will be no way inside. So, if they have a license, they will show them what they are building and they will use their “rules”. The outsider will build all the cover, cover the path of the inside.
This is the harm of no license. Permits include land use right certificate, design drawings, construction … When excluding that will create a boom in construction, strong who get it.
As an example, that piece of land may not yet have land use rights but is in the ancient papers of adjacent real estate. Now they build without a license that will encroach on adjoining real estate.
Reporter: So how to deal with these cases, lawyer?
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Attorney Pham Cong Ut: There are two issues that need attention here. First, only non-granting permits for temporary houses, level 4, but not all types of housing.
The second problem, if no need for licensing, then there are disputes the parties must put each other to court resolution.
For the granting of permits when violations are possible, they may be temporarily suspended or withdrawn without the permission of the licensee.
Currently, repair also licenses. Building large, small homes also have permits. Local governments have a monopoly right to apply – thus greatly affecting the interests of the people. If you give up the license should only give up some cases, not all should be dropped.
You are reading the article “Removing Construction Permits Will Affect Adjoining Properties” in the section “Real Estate News” on the website: https://realestatevietnam.com.vn/.
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