Documents to prepare when converting agricultural land to residential land
According to the 2024 Land Law, residential land is non-agricultural land. Therefore, according to Article 121 of the 2024 Land Law, when converting agricultural land use to residential land, land users must have permission from a competent state agency.
Pursuant to Clause 5, Article 44 of Decree 102/2024/ND-CP, households and individuals who need to convert agricultural land to residential land (or convert land use to residential land) need to prepare a set of documents including the following types of documents:
- Application for change of land use purpose according to Form No. 02c issued with Decree 102/2024/ND-CP.
- Documents proving land use rights or land allocation decisions, land lease decisions, decisions permitting change of land use purpose by competent state agencies according to the provisions of the law on land through the periods.
The land user submits a set of documents requesting to change the land use purpose to the One-stop Department for settlement according to authority.
Conditions for converting agricultural land to residential land in 2025
According to Clause 5, Article 116 of the 2024 Land Law, households and individuals are allowed to convert the purpose of using agricultural land in residential areas, agricultural land in the same plot of land with residential land to residential land if it is consistent with the 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.
Previously, according to the provisions of Article 52 of the 2013 Land Law, the basis for allowing the conversion of land use purposes is the annual land use plan of the district level approved by the competent state agency.
From the above regulation, it can be seen that the basis for allowing the conversion of agricultural land use to residential land is the district-level land use planning instead of the annual district-level land use plan as before.
District-level land use planning is stipulated in Article 62 of the 2024 Land Law for 10 years (20-year vision). And the district-level land use plan is prepared annually.
Thus, households and individuals are allowed to convert the purpose of using agricultural land to residential land if it is in accordance with the approved district-level land use planning.
