According to Lao Dong reporter, Ha Nam Provincial People's Committee has just issued a decision regulating the conditions and minimum area for land division and consolidation in the province.
According to this decision, the division of land plots must ensure the conditions specified in Clause 1 and Clause 2, Article 220 of the Land Law and does not include the following cases: There is a notice of land recovery or a decision to recover land by a competent State agency; Crossing a construction work that is the main house; The land plot is located in an area with a detailed 1/500 planning that has been approved.
Notably, when dividing a plot of land, it is necessary to ensure that there is a common path with a minimum width of ≥ 2m. The area to be used as a common path does not require a change in land use purpose and is agreed upon when completing the land division procedure.
For urban residential land (wards, towns), the minimum area of the land plot after subdivision is ≥ 40m2; For rural residential land (communes), the minimum area of the land plot after subdivision is ≥ 60m2.
The newly formed land plot after the subdivision has only garden land and pond land, the area and size must ensure that in urban areas the area is ≥ 40m2; width and depth are ≥ 3.5m; in rural areas the area is ≥ 60m2; width and depth are ≥ 4.0m.
For agricultural land other than rice land, after the plot separation, the minimum area must be ≥ 180m2; width and depth must be ≥ 5m. Rice land after the plot separation must be ≥ 360m2; width and depth must be over 10m.
At the end of September 2024, the Hanoi People's Committee also issued Decision 61/2024/QD-UBND announcing that from October 7, 2024, the city will apply new regulations on the minimum residential land area for land division.
Accordingly, residential land located in wards and towns to be divided into plots must have an area of not less than 50m2, a length of over 4m and a width adjacent to a traffic road of 4m or more. For communes in the plains, the minimum area for division into plots is 80m2, for communes in the midlands, 100m2, and for communes in the mountains, a minimum of 150m2.
Many real estate experts believe that the 2023 Real Estate Business Law tightening the subdivision and sale of land in special-class and type I, II, III urban areas from August 1, 2024 may reduce land trading activities in the short term, limit supply in the market, and push up the price of existing subdivided and split land.
Notably, raising the minimum land area in wards and towns can also create great pressure on people in need of housing and land, especially in the context of high real estate prices in recent times.
Believing that the new regulations could also cause land and housing prices to continue to increase due to tighter supply, Mr. Pham Duc Toan - CEO of EZ Propery - commented that plots of land measuring 30-40 square meters are a popular segment for many people because of their reasonable prices.
Experts say that when the minimum area for land division is raised, many investors will have to spend a lot of effort and capital to buy a large enough piece of land, which will lead to higher prices for land after being divided.
