What is residential land?
Residential land is a type of land belonging to the non-agricultural land group, used to build houses, works for daily life, and gardens and ponds attached to houses that have been recognized as residential land.
Residential land includes rural land and urban residential land. In particular, rural residential land is residential land within the administrative boundaries of communes, except for residential land in new urban areas that have been implemented according to the development planning of districts, cities, towns, and townships but are currently is still managed by the commune.
Urban residential land is residential land within the administrative boundaries of wards and towns, including residential land in new urban areas that have been implemented within the scope of development planning of districts, cities and towns. The commune has been approved by a competent State agency, but at the time of statistics, the inventory is still managed by the commune.
How many square meters of residential land are people given when making red books?
Depending on each specific case, the area of residential land recorded in the red book will be different:
Case 1: Residential land area when the land has land use rights documents
If the documents proving land use rights say it is residential land, then that land plot is recognized as residential land when the red book is issued (according to Clause 2, Article 11 of the 2013 Land Law).
Case 2: For land allocated by the State
The area of residential land in case land is allocated by the State is clearly stated in the land allocation decision of the competent State agency.
Case 3: The land has no documents on land use rights or land allocation decision
At that time, determining residential land for households and individuals will be based on different cases.
Specifically, if land is being used stably and is not illegally occupied, encroached, or changed to a different use purpose, residential land will be determined according to the current status of the land being used.
In case the land is being used due to illegal encroachment, occupation, or change of land use purpose, the land type will be determined based on the origin, management and use process.
Case 4: Plot of land used for many different purposes (not in the case of residential land with gardens and ponds in the same plot of land)
Determining the general land use purpose and residential land area will be clearly specified in Clause 1, Article 2 of Decree 01/2017/ND-CP.
+ If the boundaries between uses can be determined, separate the land plot according to each purpose and determine the purpose for each land plot.
+ If the boundaries between uses cannot be determined, the main land use purpose is determined according to the type of land with the highest price in the land price list.
