Can you build a house on garden land?
Currently, there is no legal document regulating the explanation of the term garden land. Accordingly, garden land can be understood as the type of land used to grow annual crops, perennial crops or intercrop between annual crops and perennial crops.
Thus, garden land is considered agricultural land because its purpose is to grow annual crops, perennial crops or intercrop between annual crops and perennial crops.
According to Lawyer Tran Tuan Anh - Director of Bright Legal Law Firm, houses cannot be built on garden land because one of the principles of land use is to use the land for the right purpose. This content is clearly stated in Clause 1, Article 5 of the 2024 Land Law as follows.
That means that houses can only be built on residential land (also known as residential land), if houses are built on other types of land, they will be subject to administrative sanctions and forced to demolish those houses.
When is it allowed to convert garden land to residential land?
Point b, Clause 1, Article 121 of the 2024 Land Law stipulates that cases of land use purpose conversion must be permitted by competent State agencies, including: Conversion of agricultural land to non-agricultural land.
Thus, to change the purpose of land use from garden land to residential land, permission must be obtained from a competent state agency and can only be converted if there is a decision from a competent state agency.
