Conditions for dividing residential land plots in 2025
According to Article 220 of the 2024 Land Law, the principles and conditions for dividing land plots are as follows:
- The land plot has been granted one of the following certificates: land use right certificate; house ownership certificate and residential land use right certificate; certificate of land use right, house ownership right and other assets attached to land; certificate of land use right, ownership of assets attached to land.
- Land plot is still within land use term.
- The land is not in dispute, not seized to ensure enforcement of judgments, and not subject to temporary emergency measures by competent state agencies. In case the land is in dispute but the scope of the disputed area and boundary can be determined, the remaining uncontested area and boundary of that land plot may be divided;
- The division of a land plot must ensure a path; be connected to an existing public transport road; ensure water supply, drainage and other necessary needs in a reasonable manner. In case the land user reserves a part of the area of a residential land plot or a land plot with residential land and other land in the same land plot for a path, when dividing the land plot, it is not necessary to change the land use purpose for the land area for that path.
- The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee. In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
- In case of changing the purpose of use of a part of a land plot, the minimum area of the land plot after division must be equal to or larger than the minimum area of the land type after changing the purpose of use. For land plots with residential land and other land, it is not mandatory to separate the land plot when changing the purpose of use of a part of the land plot, except in cases where the land user has a need to separate the land plot.
- In case of dividing land use rights according to a judgment or decision of the Court, if the division does not ensure the conditions, area, and size of the plot separation according to regulations, the plot separation shall not be carried out.
How many square meters of residential land can be separated from the red book?
The plots of land after division must ensure the minimum area for the type of land in use according to the regulations of the Provincial People's Committee.
In case the area of the divided land plot is smaller than the minimum area allowed for division, the plot must be merged with the adjacent land plot at the same time.
Thus, the minimum area for dividing residential land plots (also known as dividing red books) will be decided by the Provincial People's Committee. Therefore, each locality will have different regulations on the minimum area of residential land for subdivision.
For example: According to Decision 61/2024/QD-UBND, the minimum area for dividing residential land in Hanoi is as follows:
- For ward and town-level areas, it is 50m2.
- For communes in the plains is 80m2.
- For communes in the midland area, it is 100m2.
- For mountainous communes is 150m2.
