Conditions for the project not to be dismantled
Building a house on agricultural land without allowing a change in land use purpose is a violation of the law and will be strictly handled.
However, according to Article 84 of Decree No. 16/2022/ND-CP, there are some cases where illegal construction works are not demolished if they meet all the conditions.
Accordingly, unlicensed or unauthorized construction works may not be demolished if they meet the following conditions:
The violation occurred from January 4, 2008 and ended before January 15, 2018: This means that the project must be constructed during this period and no longer continue construction after January 15, 2018.
Violations have been detected by competent authorities: The project must be detected by competent state agencies.
Not subject to adjustment of construction permit: If the project is subject to adjustment of construction permit according to the provisions of law, this regulation will not apply.
Not violating construction boundaries: The project must be constructed within the permitted scope and not exceed the prescribed construction boundaries.
Do not affect neighboring works: The works must not affect the quality and safety of neighboring works.
No disputes: The project is not in a state of dispute over land use rights or project ownership rights.
Handling of violating constructions
If the project does not meet the above conditions, the competent state agency will apply handling measures according to the provisions of law, including:
- Administrative penalty: Apply the fine for the violation.
- Forced to return illegal profits: If the violating construction has benefited from the violation, the competent authority may request to return illegal profits.
- Forced demolition of works: In case the works do not meet the conditions to avoid demolition, the competent authority will require the investor to demolish the violating works.
In short, building a house on agricultural land without allowing a change in land use purpose is a violation of the law and will be handled according to regulations. To avoid legal risks, people need to fully carry out legal procedures before starting construction.
In case support is needed for land use conversion procedures or there are questions related to land law, readers should contact local authorities or reputable legal consulting organizations for detailed instructions.
