On the Ministry of Agriculture and Environment Information Portal, Mr. N.A.T in Thanh Hoa said: My family has a plot of agricultural land with an area of 499m2 located in a residential area, not in the same plot of land with residential land of a household.
On the other hand, according to the approved old district-level land use planning, the location of the land plot was planned to be residential land.
According to the family's investigation in Clause 5, Article 116 of the 2024 Land Law, the agricultural land plot located in a residential area that already has one of the district-level land use planning, general planning, and zoning planning is eligible to convert the land use purpose to residential land.
So the family would like to ask if the family's case is eligible to change the purpose of use to residential land?
Responding to the above question, the Ministry of Agriculture and Environment said:
Clause 5, Article 116 of the Land Law on Bases for land allocation, land lease, and permission to change land use purposes stipulates: "Basis for allowing the conversion of agricultural land use purposes in residential areas, agricultural land in the same plot of land with residential land to residential land or converting the purpose of using non-agricultural land other than residential land to residential land for households and individuals is district-level land use planning or general planning or zoning planning according to the provisions of the law on urban planning approved by competent authorities".
Thus, regarding planning, if the land plot of the Mr/Ms is in accordance with one of the three plans stated in Clause 5, Article 116 of the Land Law, the purpose of conversion to residential land will be considered.
For better understanding, it is recommended that you contact the competent land management agency of the locality for settlement according to authority and in accordance with legal regulations.