Article 5 of the 2024 Land Law stipulates the principles of land use as follows:
1. Correct land use purpose.
2. Sustainable, economical, effective for land and resources on the surface and underground.
3. Protect the land, protect the environment, adapt to climate change, do not overuse pesticides and chemical fertilizers that pollute and degrade the land.
4. Exercise the rights and obligations of land users during the land use period according to the provisions of this Law and other relevant legal provisions; do not infringe upon the legitimate rights and interests of adjacent and surrounding land users.
Thus, one of the principles when using land is to use the land for the right purpose. If used for the wrong purpose, administrative violations will be handled.
Pursuant to Articles 8, 9, 10, 11, 12 of Decree 123/2024/ND-CP, when using land for the wrong purpose (one of the most obvious acts is building a house on land that is not residential land), a fine will be imposed and remedial measures will be applied, including measures to force restoration to the original state.
The measure of compulsory restoration to the original condition means the demolition of housing (if any) due to improper use of land.
In addition, Article 136 of the 2023 Housing Law also clearly stipulates cases where houses must be demolished, specifically:
a) Houses that are severely damaged, at risk of collapse, and unsafe for users have been inspected for quality by the provincial housing management agency where the house is located, or are in a state of emergency or disaster prevention.
b) Apartment buildings subject to demolition as prescribed in Clause 2, Article 59 of this Law.
c) Housing that must be cleared to recover land according to the decision of a competent state agency.
d) Houses built in areas where construction is prohibited or built on land that is not residential land according to approved planning.
d) Other cases of house demolition according to the provisions of the law on construction other than the cases specified in points a, b, c and d of this clause.
So, when you build a house on agricultural land, you cannot just pay the fine and continue to use the house. You will be forced to remove the house from the land and if you do not voluntarily, it will be forcibly removed completely.
