Can you build a house on agricultural land?
According to Article 31 of the 2024 Land Law, land users are obliged to use land for the right purpose, within the correct land plot boundary, in accordance with regulations on the use of underground depth and height in the air, protect underground public works and comply with other relevant legal regulations.
Clause 3, Article 178 of the 2024 Land Law stipulates that in addition to being allowed to convert crop and livestock structure to use land combined with multiple purposes according to regulations, users of agricultural land are also allowed to use an area of land according to regulations of the Provincial People's Committee to build works directly serving agricultural production.
Accordingly, in Clause 6, Article 3 of Decree 112/2024/ND-CP, works directly serving agricultural production are works serving preliminary processing and preservation of agricultural products; warehouses for agricultural supplies, machinery, labor tools; display and introduction of agricultural products.
Thus, in the case of building houses for housing, it is not a type of construction directly serving agricultural production, so it is not allowed to be built on agricultural land if the land use purpose has not been changed in accordance with regulations.
Penalty for illegal house construction on agricultural land
Pursuant to Clause 2, Article 10 of Decree 123/2024/ND-CP, the act of converting agricultural land that is not rice-growing land or non-forestry land to residential land (for housing construction) within the administrative boundaries of a commune shall have the following forms and levels of penalties:
- Fine from VND 10,000,000 to VND 20,000,000 for land area from less than 0.01 hectare;
- Fine from VND 20,000,000 to VND 30,000,000 for land area from 0.01 hectares to less than 0.03 hectares;
- Fine from VND 30,000,000 to VND 50,000,000 for land area from 0.03 hectares to less than 0.05 hectares;
- Fine from VND 50,000,000 to VND 100,000,000 for land area from 0.05 hectares to less than 0.1 hectares;
- Fine from VND 100,000,000 to VND 150,000,000 for land area from 0.1 hectare or more.
The act of converting agricultural land that is not rice-growing land or non-forestry land to non-agricultural land within the administrative boundaries of a ward or town shall be subject to a penalty of twice the penalty level corresponding to the above regulations.
In addition to administrative sanctions, violators may also be forced to restore the land to its original state (ie, having to demolish illegal construction works) if they do not comply with the requirements of the competent authority.
The above fine applies to individuals. The fine for an organization is twice the fine for an individual committing the same administrative violation.
