To: Department of Construction of Quang Nam Province

The Ministry of Construction has received the Official Letter No. 1164/SXD-PQH dated August 3, 2020, from the Department of Construction of Quang Nam Province regarding guidance on some issues related to the issuance of construction permits. After studying the contents provided by the Department of Construction of Quang Nam Province, the Ministry of Construction responds as follows:

1. The National Technical Regulation QCVN 01:2019/BXD on Construction Planning, at point 1.4.20, stipulates: “Net construction density: the ratio of the land area occupied by the main architectural works on the land lot area (excluding the land area occupied by outdoor works such as decorative landscapes, swimming pools, parking lots (yards), sports grounds, and technical infrastructure works).” Accordingly:

• The main architectural works of the project are “works or work items with a scale and function that determine the investment objectives of the project”[1]. When calculating the net construction density of the project, the land area occupied by outdoor works such as decorative landscapes, swimming pools, parking lots (yards), sports grounds, and technical infrastructure works is not included. Thus, the parking structure is included in the occupied land area, but parking lots/yards are not included in the occupied land area of the project.
• Regarding the land area occupied by works for calculating the net construction density, point 2.6.7 of the National Technical Regulation QCVN 01:2019/BXD on Construction Planning stipulates:

“- The architectural details of the works are specified by the detailed planning scheme, urban design, and regulations on architectural planning in each area;

– In case the construction boundary coincides with the red line boundary, the above regulations must ensure the following principles: Not obstructing traffic activities on the roadway; ensuring safety and convenience for pedestrian activities on sidewalks; not affecting the green tree system, above-ground and underground technical infrastructure works on the street; ensuring uniformity in the landscape on the street or each street section; ensuring compliance with regulations on fire prevention and fighting and activities of firefighting vehicles;

– In case the construction boundary is set back from the red line boundary, the following principles must be ensured: No part or architectural detail of the works may exceed the red line boundary; ensuring uniformity in the landscape on the street or each street section; ensuring compliance with regulations on fire prevention and fighting and activities of firefighting vehicles.”

Accordingly, the land area occupied by the main architectural works is the area calculated according to the plan projection of the works. (The decorative architectural construction details, recesses, overhangs, balconies, and roof projections beyond the outer walls of the works) are not included in the occupied land area of the works but must comply with the principles in point 2.6.7 (QCVN 01:2019/BXD) mentioned above; must be designed uniformly on the entire street/row; and must be specified by the detailed planning scheme, urban design, or regulations on architectural planning in each area.

The external staircase part of the building is included in the occupied land area of the works.

• Underground construction works with the main function of serving the project outside the main above-ground structure (such as restaurants, commercial works, conference centers, etc.) are not included in the occupied land area for calculating the construction density (above ground). However, the construction of underground spaces must comply with the Construction Planning Schemes approved by competent state agencies, including the planning of underground construction. In case there is no underground space planning in the project construction area, the underground construction design of the works/project must be approved by the competent state agency. When designing the underground construction, it is necessary to comply with the Government’s Decree No. 39/2010/ND-CP dated April 7, 2010, on the management of urban underground construction space and relevant legal documents.

2. The National Technical Regulation QCVN 01:2019/BXD on Construction Planning, at point 1.4.21, defines the Floor Area Ratio as “The ratio of the total floor area of the works, including the basement floors (excluding the floor areas serving the technical system, fire prevention and fighting, emergency shelter, and parking of the works) to the total land lot area.” This regulation applies to the entire works.

The above is the response from the Ministry of Construction for the Department of Construction of Quang Nam Province to be informed and to implement in accordance with the provisions of the law.

[1] Decree No. 59/2015/ND-CP on management of construction investment projects.