Hanoi forbids arbitrarily demolishing villas built before 1954

Districts are responsible if they let organizations and individuals arbitrarily renovate and demolish villas

The Hanoi People’s Committee has just issued a decision on “Solutions to promote the management and use of public villas built before 1954 in Hanoi city, period 2021 – 2025”.

Accordingly, the villas under the management of this regulation are classified into 3 groups, including group 1 (70-100 points) which are the villas classified as historical and cultural relics according to the provisions of the law on construction. cultural heritage; villas associated with revolution – resistance are ranked by competent state agencies; The villa has special architectural value (from 30 to 35 points in terms of architectural and artistic value).

Group 2 is evaluated from 50 – 69 points, including villas with architectural value, but not in group 1 villas. Group 3 is evaluated under 50 points, including villas not in group 1, group 2 .

Hanoi currently has 1,216 villas built before 1954

Villa houses under the management of this regulation shall be granted a certificate of land use rights, ownership of houses and other land-attached assets, especially the note “Villa house is managed, used according to the regulations on management and use of old villa houses built before 1954”.

Villa houses with cultural, historical, revolutionary – resistance values ​​and typical artistic architecture belonging to groups 1 and 2 specified in this regulation shall be granted the certificate “Villa house of historical value”. culture, revolution – resistance and typical architectural art”.

The city does not allow registration of changes in land use rights, ownership of houses and properties attached to land in the following cases: division into several land parcels for the land of private villas ; cut down old trees, build new buildings on the vacant land of villas; division of house lease contracts for state-owned villas.

The City People’s Committee assigns the People’s Committees of Ba Dinh, Hoan Kiem, Hai Ba Trung, Dong Da and Tay Ho districts to be responsible before the City People’s Committee if organizations and individuals are allowed to arbitrarily renovate and demolish villa houses in the area when they are not ready. authorized by the competent authority.

Regarding maintenance, according to regulations, it must be done in accordance with the law on construction maintenance. For villas with historical and cultural value; Villas associated with political, revolutionary – resistance events are ranked by competent state agencies, the maintenance must comply with regulations on repair, renovation, preservation and restoration of monuments. cultural history, scenic spots.

The maintenance of group 1 villas with changes in color and materials must have specialized opinions of the Department of Construction, Department of Planning and Architecture (QH&KT), and must be approved by the City People’s Committee. The maintenance of group 2 villas with changes in color and materials must be approved by the Department of Planning and Economics. The maintenance of group 3 villas is carried out in accordance with the law on construction maintenance.

Regarding the renovation, for group 1 villas, the investor must ensure to keep the correct position, design, architecture, image and planning of the old villa house; does not change the function, the original use nature of the villa.

For the villa house attached to the ranked historical, cultural, revolutionary and resistance relic, the renovation of the villa house must ensure the provisions of the Law on Cultural Heritage and must be approved by the Department of Culture and Information. Sports (Culture & Sports) agreed on a plan to renovate and rebuild.

For villas with special architectural and artistic value, the renovation plan must be agreed by the Department of Planning and Economics.

Notably, according to the regulations, all villas under the management list (including villas owned by the state, organizations, households and individuals) are not allowed to arbitrarily destroy. unload.

Cases of demolishing and rebuilding villas include:

In case group 1 and group 2 villas are badly damaged, degraded, and in danger of collapsing, there has been a conclusion from a competent authority on construction quality inspection, which must be inspected by the Department of Construction. , report to the City People’s Committee and the City Council (group 1) and the City People’s Committee (group 2) for permission to demolish and rebuild.

For group 1 villas, the investor must have a project to rebuild the villa house according to the architectural design, image and planning of the old villa house before getting permission from the competent authority to demolish the work.

The villa is badly damaged, degraded, in danger of collapsing, there has been a conclusion of a competent authority on quality inspection of construction works that is allowed to be demolished and rebuilt.

For group 2 villas, the investor must have a project to rebuild the villa house according to the style, exterior architecture and planning of the old villa house before getting permission from the competent authority to demolish the villa. submit.

In case the villa is managed by a central agency, the Department of Construction shall check and report it to the Ministry of Construction for approval before reporting to the City People’s Committee for consideration. In special cases that must be demolished to build other works according to the written approval of the Prime Minister, the City People’s Committee shall decide to allow the demolition.

In case group 3 villas are severely damaged, degraded or in danger of collapsing, there has been a conclusion from the competent authority on construction quality inspection, the Department of Construction (for villas owned by state-owned villas and villas managed and used by agencies and organizations or mixed-use villas between the state and organizations and individuals), the District People’s Committee (if the villa is privately owned, after with the opinion of the Department of Construction) to check and report to the City People’s Committee for permission to demolish the villa.

Construction works on the land premises must be low-rise buildings in accordance with the approved planning and architecture.