Land entangled in backup alley planning cannot be converted to residential land

Khương Duy |

The conversion of land purposes entangled in the backup alley planning to residential land must be based on the land use plan approved by competent authorities.

A case reflecting problems when the land plot being used is located in the backup alley plan. Land users said that they have repeatedly requested to change the purpose to residential land but have not been approved because it is not in accordance with the current plan.

Regarding this content, the Ministry of Agriculture and Environment said that current land law has clearly stipulated the right to change land use purposes and the basis for considering permission to change purposes.

According to the provisions of the 2024 Land Law, land users are entitled to change the land use purpose but must comply with the relevant legal regulations.

Notably, the permission to change land use purposes, especially from agricultural land to residential land, must be based on district-level land use planning or approved urban planning.

Trường hợp đất nằm trong quy hoạch hẻm dự phòng có thể chưa đủ điều kiện chuyển sang đất ở.
In case the land is located in the backup alley plan, it may not be eligible for conversion to residential land. Photo: Song Huu

It must be in accordance with the plan to be considered.

The Ministry of Agriculture and Environment said that if the land plot is in the planning as a backup alley, the change of land use purpose will depend on whether that planning is still valid or has been adjusted.

In case the plan has not been adjusted or canceled, the competent authority will base it on the current plan for consideration, so it may not be eligible for conversion to residential land.

Planning is reviewed and adjusted periodically

According to regulations, the planning agency is responsible for reviewing land use planning periodically to adjust it to suit the socio-economic development situation.

In addition, the Provincial People's Committee is responsible for publicizing the adjustment, cancellation or continued implementation of planning in the annual land use plan, as a basis for people to monitor and exercise land rights.

The Ministry of Agriculture and Environment recommends that people contact local land management agencies to check planning information, thereby determining the possibility of changing land use purposes.

The conversion to residential land is only considered when it is consistent with the approved plan or after the plan is adjusted according to legal regulations.

Khương Duy
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