A case reflecting problems related to the use of agricultural land that has been used to build houses for many years and now has a need to convert to residential land. Land users wonder whether building a house will affect the ability to change the land use purpose or not.
Regarding this content, the Ministry of Agriculture and Environment said that building houses on agricultural land is an act that is not in accordance with the land use purpose as prescribed. However, this does not mean that land use purpose conversion is not considered.
According to Clause 5, Article 116 of the 2024 Land Law, the basis for allowing the conversion of agricultural land use purposes to residential land is district-level land use planning or approved urban planning.
It must be in accordance with the plan before being transferred.
The Ministry of Agriculture and Environment said that even if the land already has houses, the conversion to residential land must still be permitted by competent authorities and based on land use planning in the locality.
If the land plot is not in accordance with the plan or has not been included in the land use plan, the functional agency may not have considered allowing the change of land use purpose.
Must fulfill financial obligations
In addition to planning conditions, land users when changing purposes must also fulfill financial obligations according to regulations.
According to Resolution No. 254/2025/QH15, people must pay land use fees or land rent based on the difference between land prices before and after changing purposes, depending on each specific case.
Can move a part of the area
Functional agencies also said that land use purpose conversion is not mandatory for the entire land plot, but can convert a part of the area according to needs, if meeting the conditions according to regulations.
The Ministry of Agriculture and Environment recommends that people contact local land management agencies to check planning, records and receive specific guidance.
The conversion to residential land is only considered when it is in accordance with planning, meets conditions and completes financial obligations according to current legal regulations.
