HANOI PROPOSES REMOVING THE FIVE-YEAR LIMIT FOR TIME-LIMITED CONSTRUCTION PERMITS

Building duration to be linked to planning

Time-limited construction permits apply to buildings and individual houses located in areas covered by approved and publicly announced plans that have not yet been implemented.

Under the latest draft, Hanoi would no longer impose a fixed maximum period of five years from the date the permit is issued.

Instead, the permitted duration would be specified directly in the construction permit and determined in line with the relevant planning period.

If a building remains within its permitted duration but the land has already become subject to a land recovery decision, compensation, site clearance, land recovery, and demolition would be carried out in accordance with land regulations.

This approach would link the permitted lifespan of a building more directly to the implementation period of the relevant planning framework, rather than applying a uniform fixed period to all cases.

Buildings limited to four floors and 18 meters in height

The second draft also sets out specific size requirements for new buildings and individual houses eligible for time-limited construction permits.

Under the proposal, buildings may have no more than four above-ground floors. A rooftop stairwell enclosure may be added, provided that its floor area does not exceed 30% of the roof floor area and its height does not exceed 3 meters.

Buildings would also be prohibited from having mezzanine floors, basements, or semi-basements. Their total height must be below 18 meters and must not exceed the planning or urban design parameters applicable to the area.

Notably, the proposed maximum height would increase from 15 meters under the current rules to 18 meters.

Restrictions on expanding existing buildings

For existing buildings whose current size exceeds the scale permitted for new construction, the draft sets certain limits on renovation and upgrading works.

Owners would only be allowed to carry out works necessary to ensure structural safety, meet fire safety requirements, or replace damaged and deteriorated components.

Renovation works would not be allowed to increase the number of floors, building height, building footprint, or total floor area. The building's function also could not be changed in a way that increases its scale of use.

The provision is intended to control investment in buildings located in planned areas where development has yet to take place, thereby limiting potential losses when the State subsequently recovers land in accordance with approved plans.

Proposals to lower the height limit and allow mezzanines

During the consultation process for the first draft, several local authorities proposed adjustments to the requirements governing building scale.

The People's Committee of Trung Gia Commune suggested reducing the maximum height from 18 meters to 15 meters, consistent with the current regulation. According to the commune, maintaining a more limited building scale could give developers greater certainty while also reducing the risk of unnecessary investment during subsequent site clearance.

Meanwhile, the People's Committee of Thuong Tin Commune proposed allowing houses that combine residential and business functions to include one mezzanine floor, with an area not exceeding 65% of the first-floor area.

The commune argued that an outright ban on mezzanine floors may not be necessary and could restrict residents' ability to make reasonable use of their properties.

Why is Hanoi retaining the four-floor and 18-meter limits?

In response to the proposed adjustments, the Hanoi Department of Construction has indicated that the restrictions should remain in the second draft.

According to the drafting authority, limiting buildings to no more than four floors and 18 meters in height, with no mezzanine, basement, or semi-basement is intended to control the scale of investment in areas that have been planned but have yet to be developed.

The main objective is to prevent excessive investment in such properties and minimize potential losses for residents and developers if the State subsequently recovers the land to implement the approved plans.

Overall, the key change in the second draft is the removal of the fixed five-year limit on the permitted duration, while construction scale remains subject to relatively strict controls. If adopted, the new rules would provide greater flexibility in determining how long such buildings may remain in place, with the duration more closely tied to the applicable planning period and its implementation status.