Based on Clause 1, Article 5 of the 2024 Land Law, one of the principles when using land is to use it for the right purpose. Building houses on annual crop land is building houses on agricultural land, because annual crop land belongs to the group of agricultural land (according to Clause 1, Article 9 of the 2024 Land Law).
Based on point d, clause 1, Article 136 of the 2023 Housing Law, houses must be demolished if they are built on land that is not residential land according to the approved plan.
Thus, houses can only be built on residential land. Building houses on annual crop land without carrying out procedures for changing land use purposes (converting agricultural land to non-agricultural land) is a violation of land law and requires the demolition of houses.
The demolition of houses built on annual crop land must comply with the provisions of Article 138 of the 2023 Housing Law as follows:
Article 138. Requirements when demolishing houses
1. Must move people and property out of the demolition area.
2. There must be signs and solutions to isolate from the surrounding area.
3. Ensure safety for people, property, surrounding works, technical infrastructure works, social infrastructure works that are not demolished and ensure hygiene and environment according to the provisions of law.
4. For cases where a demolition plan is required according to the provisions of the law on construction, the owner, person currently managing and using the house, investor of the housing and construction investment project must prepare a demolition plan before implementation.
5. Do not demolish houses in residential areas from 12:00 to 13:00 and from 10:00 to 5:00, except in urgent cases.
The demolition performer needs to seriously comply with these regulations to avoid legal consequences, and at the same time show responsibility to the community and the environment.
