However, if the construction project planning license is obtained or approved by the planning department before the end of the court debate in the first instance, it can be determined as valid.
As the land use permit is the pre procedure of the construction project planning permit, it is impossible to obtain the construction project planning permit without the construction land planning permit, so there is no need to make provisions; The construction permit belongs to the administrative management of the construction administrative department; The land use right certificate can also be reissued, so the absence of the “two certificates” does not affect the validity of the construction contract.
Answers of the Beijing Higher People’s Court to Several Difficult Issues Concerning the Trial of Construction Contract Disputes 1.
5 Guangdong Higher People’s Court’s answers to the difficult problems in the trial of construction project contract dispute cases 3.
3.
The contract letting party has gone through the formalities for the use right of construction land, but has not yet obtained the construction land use right certificate, which does not affect the validity of the contract.
The validity of the construction contract shall not be affected if the contract letting party fails to obtain the construction permit for the construction project.
Guiding Opinions of Chongqing Higher People’s Court on Several Legal Issues of Current Civil Trial 10.
The construction contract signed with the contractor without the construction land planning license or construction project planning license shall be deemed invalid.
The specifications related to the construction permit are management specifications, not specifications that affect the validity of the contract.
(2013) Minshen Zi No.
How to Determine the Validity of Construction Contracts without Construction Approval? The construction contract signed between the Employer and the Contractor for the project that has not obtained the administrative approval formalities such as the construction land planning license and the construction project planning license is invalid.
How to determine the validity of construction contracts signed without construction project planning license or construction license? The construction contract of the construction project signed by the Employer and the Contractor without the construction project planning license shall be deemed invalid.
Whether the construction license affects the validity of the construction contract of the construction project.
The construction license of the construction project is an administrative measure taken by the administrative department in charge of the construction behavior.
Local judicial documents: 1.
1615 Regarding the validity of the contract involved in the case and its relationship with the settlement of the project funds, the Court believes that, first of all, although Article 7 of the Construction Law of the People’s Republic of China stipulates that the construction unit shall apply to the relevant competent authorities for a construction license before commencement, this specification is a mandatory administrative provision.
The Employer’s failure to obtain the construction permit for the construction project shall not affect the validity of the construction contract for the construction project.
4.
Source of authoritative views, If there is no planning approval formalities such as construction project planning permit, it is illegal in law, and the relevant construction contract is naturally invalid.
Impact of Construction Permit on Contract Validity.
Therefore, whether the project involved in the case applies for a construction license does not affect the validity of the contract involved in the case.
2 Guidelines for Hebei Higher People’s Court to hear construction contract cases 1.
For more professional legal advice, please call Zhao Lin’s lawyer: 18233677799 [Copyright Notice]: this article.
If the developer does not obtain the construction license according to law, it does not affect the validity of the construction contract signed by the parties.
The validity of the contract shall not be affected if the contract letting party fails to obtain the construction permit for the construction project.
Whether the construction permit is obtained or not does not affect the validity of the contract.
However, if the contract letting party obtains the corresponding approval procedures or the construction is approved by the competent department before the end of the court debate in the first instance, the contract shall be deemed as valid.
However, if two certificates are obtained before the end of the court debate in the first instance or the construction is approved by the competent department, it may be deemed as valid.
Answers of Jiangsu Higher People’s Court on Several Issues Concerning the Trial of Construction Contract Disputes; 3.
