Can land without roads be converted to residential land under the new Law?
According to Clause 5, Article 116 of the 2024 Land Law, the basis for allowing land use purpose change is as follows:
The 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 the conversion of non-agricultural land use purposes that are not residential land to residential land for households and individuals is the district-level land use planning or the general planning or the zoning planning according to the provisions of the law on urban planning approved by the competent authority.
Thus, currently there are no specific regulations on the conditions for changing land use purposes, but it will depend on the actual time, 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.
Therefore, land without roads is not a case of not being able to change the land use purpose to residential land. This means that land without roads can still be converted to residential land if it meets the above criteria.
Land without road to residential land, do I need permission?
At points b, d and d, Clause 1, Article 121 of the 2024 Land Law, it is stipulated that in case of changing land use purpose to non-agricultural land, permission must be obtained from a competent state agency, including:
- Convert agricultural land to non-agricultural land;
- Converting non-agricultural land allocated by the State without collecting land use fees to other types of non-agricultural land allocated by the State with collecting land use fees or land lease;
- Converting non-agricultural land that is not residential land to residential land;
Thus, land without a road leading to residential land must obtain permission from the competent state agency if it falls under the above cases.
When changing the land use purpose according to the above provisions, the land user must fulfill financial obligations according to the provisions of law; the land use regime, rights and obligations of the land user are applied according to the land type after the change of land use purpose.
What to do with land without roads?
According to Article 254 of the 2015 Civil Code, the owner of real estate surrounded by real estate of other owners without or with insufficient access to public roads, has the right to request the owner of the surrounding real estate to provide him with a reasonable access on their land.
The path shall be opened on whichever adjacent property is considered most convenient and reasonable, taking into account the specific characteristics of the location, the interests of the surrounded property and the least damage caused to the property on which the path is opened.
The owner of the real estate enjoying the right of way must compensate the owner of the real estate subject to the right, unless otherwise agreed.
The location, length, width and height of the passage shall be agreed upon by the parties, ensuring convenience for travel and causing little inconvenience to the parties; if there is a dispute over the passage, the parties have the right to request the Court or other competent state agencies to determine.
In case real estate is divided into many parts for different owners and users, when dividing, necessary passages must be reserved for people inside according to the above regulations without compensation.
Thus, in case people have land without a road, they have the right to request the owner of the surrounding real estate to give them a reasonable path on their land, and must compensate the owner of that real estate, unless otherwise agreed.
The location, length, width and height of the walkway shall be agreed upon by the parties, ensuring convenience for travel and causing little inconvenience to the parties.
