Will houses built in excess of the red book area be punished?
Red book is the common name of the Land Use Rights Certificate. In case of land for housing construction, the red book will clearly show the information of this land area. Currently, the concept of "residential land" is often used as the name for residential land.
Thus, building a house exceeding the area of a red book is also understood as building a house exceeding the area of residential land recorded in the red book, this is a violation of the principle of land use recorded in Clause 1, Article 5 of the 2024 Land Law and violates the general obligations of land users in Clause 1, Article 31 of the 2024 Land Law as follows: Using land for the right purpose, within the right land plot boundary, in accordance with regulations on the use of underground depth and height in the air, protecting underground public works and complying with other relevant legal provisions.
As mentioned above, building a house exceeding the red book area is a violation of land use principles. Therefore, building a house exceeding the red book area can be punished according to the law.
How to handle when building a house exceeding the red book area
In case of building a house exceeding the residential land area recorded in the red book, in order not to violate the law, the land user rightful person needs to carry out procedures to change the land use purpose of the excess area to non-agricultural land.
Pursuant to Article 227 of the 2024 Land Law and Decree 102/2024/ND-CP, the procedure for converting land use purposes is carried out in the following steps:
Step 1. Prepare documents
- Number of documents: 1 set
- Document composition:
Article 44 of Decree 102/2024/ND-CP stipulates that the dossier for households and individuals includes the following documents:
+ Application for change of purpose of use according to Form No. 02c in the Appendix issued with this Decree
+ Land use measurement.
Step 2. Submitting documents
- Place of application submission: One-stop Department according to regulations of the Provincial People's Committee.
- Receiving documents: If the documents are incomplete or invalid, within no more than 03 working days, the agency receiving and processing the documents must notify and instruct the dossier submitter to supplement and complete the documents according to regulations.
Step 3. Handling and resolving requests
- The competent land management agency shall prepare a dossier and submit it to the district-level People's Committee to issue a decision allowing the conversion of land use purposes.
- Land users fulfilling financial obligations.
Step 4. Return the result
* Note on implementation time:
- No more than 20 days from the date of receipt of valid documents (excluding the time to fulfill the financial obligations of the land user);
- No more than 25 days for communes in mountainous areas, islands, remote areas, and areas with difficult socio-economic conditions.
