Does a prefabricated house need a building permit?

With its flexibility, cost-effectiveness, and quick construction time, BMB Steel prefabricated housing has become a popular choice today. However, many people still wonder: Does a prefabricated house need a building permit? Let’s explore the details here.

What is a prefabricated house?

A prefabricated house, also known as a modular home, serves all the functions of a traditional home but is constructed from lighter, modular materials. Instead of conventional cement or steel, the components are manufactured to precise specifications offsite, then transported to the building site for assembly. But does a prefabricated house need a building permit? Read on for the answer.

Does a prefabricated house need a building permit?

According to the Construction Law, construction works are defined as products created by design, human labor and materials connected to land, including above-ground, underground and water-surface elements.

For prefabricated or modular houses, they are physically attached to the ground, so construction must strictly comply with the current Construction Law. Specifically, when building prefabricated houses, a building permit must still be obtained from the competent government agency unless it falls under the special exemptions mentioned below.

Cases of exemption from prefabricated house construction permits

Here are some specific cases where a construction permit is not required:

• Structures with unique characteristics related to national security or state secrets.
• Projects that are part of investment initiatives approved by the Prime Minister, Ministers, or Chairpersons of provincial People's Committees.
• Temporary structures built to support the main construction project.
• Buildings in rural areas without urban development planning, approved detailed construction planning, or single-family houses.
• Residential projects in urban development areas, buildings under seven stories or with an area under 500 square meters, approved with a 1/500 detailed plan.
• Renovations or repairs that do not alter structural elements, functional usage, environmental safety or exterior architecture.
• Technical infrastructure projects in rural areas without detailed residential area planning.
• Projects outside urban areas that comply with approved or route-approved construction plans.

Penalties for building without a permit

To avoid fines, developers must ensure they have the correct project classification and meet all legal requirements. According to Clause 5, Article 15 of Decree 139/2017/ND-CP, penalties are imposed for construction requiring a building permit if no permit is present:

• Case 1: Fines range from 10,000,000 to 20,000,000 VND for private houses in cultural heritage or preservation areas or projects not falling into categories 2 and 3.
• Case 2: Fines between 20,000,000 and 30,000,000 VND for private housing in urban areas.
• Case 3: Fines from 30,000,000 to 50,000,000 VND for large-scale projects requiring investment or technical-economic reports. 

Documents for applying for a prefabricated house building permit

Required documents

According to Clause 1, Article 95 of the 2014 Construction Law, to apply for a building permit for a prefabricated house, the following documents are required:

• A construction permit application form.
• Proof of legal land use.
• Two sets of project design drawings with fire safety certification (if required).
• Safety assurance agreements for adjacent buildings, if necessary.

For specialized prefabricated buildings, additional documents may be needed, including:

• The official project approval.
• Environmental and fire safety certifications.
• Complete building design plans, in two sets, as per regulations. 

Procedure for obtaining a building permit for a prefabricated house

To secure a permit, complete the following steps:

• Step 1: The project owner or head representative submits the prepared application to the competent authority.
• Step 2: Authorities will review the application. If approved, a receipt specifying the date of result issuance will be provided. If incomplete, applicants will be asked to supplement their documentation.
• Step 3: Authorities have seven business days to verify documents against actual conditions. If discrepancies remain, the applicant will be notified of the issues. Repeated errors may result in refusal.
• Step 4: Once all requirements are met, the applicant will receive a permit from the designated authority. 

Frequently asked questions about prefabricated housing

Below are common questions related to prefabricated homes and building permits:

Question: Is building a prefabricated house expensive?
Answer: Costs are often lower than traditional homes, thanks to faster construction and lower labor expenses. However, expenses vary depending on design, materials, and size.

Question: Can I build a prefabricated house on agricultural land?
Answer: You can, but you’ll need to change the land use purpose before construction.

Question: Does a prefabricated house need a building permit in my area?
Answer: Check with your local urban management office or permitting authority to confirm specific requirements.

BMB Steel - Prestigious prefabricated house construction unit

BMB Steel is a reputable company specializing in pre-engineered building construction, offering efficient, cost-effective solutions to meet usage demands for projects like factories, warehouses and steel structures.

With an experienced, well-trained team, BMB Steel has successfully completed numerous large-scale projects and gained the trust of major domestic and international partners. If you're looking for a pre-engineered building contractor, BMB Steel is the ideal choice, internationally standard-compliant buildings.

In conclusion, understanding whether a prefabricated house needs a building permit is essential when planning to construct one. Building regulations may vary based on the intended use and location, so it’s best to follow guidance from BMB Steel and consult with local authorities to ensure full compliance.