1. Is it possible to build a house on garden land?
The answer to the above question is no because one of the principles of land use is to use land for the right purpose. This content is clearly stated in Clause 1, Article 5 of the 2024 Land Law.
That means that houses can only be built on residential land (also known as residential land). If houses are built on other types of land, they will be administratively sanctioned and forced to demolish the house.
2. When is it allowed to convert garden land into residential land?
Point b, Clause 1, Article 121 of the 2024 Land Law stipulates that cases of land use purpose conversion must be permitted by competent State agencies, including: Conversion of agricultural land to non-agricultural land.
Thus, to change the land use purpose from garden land to residential land, permission must be obtained from the competent state agency and can only be changed if there is a decision from the competent state agency.
As for households and individuals, they can only convert to residential land if there is a decision from the People's Committee of the district where the land is located (district, county, town, city under province, city under centrally run city).
3. Basis for permission to change land use purpose
Article 116 of the 2024 Land Law stipulates the basis for allowing land use purpose conversion as follows:
- For the list of works and projects expected to be implemented in the year; projects to arrange residential land and production land for ethnic minorities (if any); land area for auction of land use rights, land recovery projects in the year, resettlement projects, production land expected to compensate people whose land is recovered, the basis is:
+ Approved annual district-level land use plan and investment decision or;
+ The decision to approve the investment policy is simultaneously with the decision to approve the investor or;
+ Decision to approve the investor or;
+ Document approving the results of investor selection under the public-private partnership method.
- For projects not included in the annual district-level land use plan, the basis is:
+ Investment decisions according to regulations on public investment or;
+ The decision to approve the investment policy is simultaneously with the decision to approve the investor or;
Document approving the results of investor selection under the public-private partnership method.
- For agricultural land in residential areas or in the same plot of land with residential land converted to residential land or non-residential non-agricultural land converted to residential land: Considered according to the district-level land use planning/general planning/zoning planning approved by the competent authority.
