Will you be fined for building a house on land under someone else's name?
According to Clause 4, Article 13 of Decree 123/2024/ND-CP stipulating acts of encroachment or occupation of non-agricultural land not falling under the provisions of Clause 1, Article 13 of Decree 123/2024/ND-CP but within the administrative boundaries of the commune, the forms and levels of sanctions are as follows:
- Fine from VND 5,000,000 to VND 10,000,000 for an area of less than 0.02 hectares.
- Fine from VND 10,000,000 to VND 30,000,000 for areas from 0.02 hectares to less than 0.05 hectares.
- Fine from VND 30,000,000 to VND 50,000,000 for areas from 0.05 hectares to less than 0.1 hectares.
- Fine from VND 50,000,000 to VND 100,000,000 for areas from 0.1 hectare to less than 0.5 hectare.
- Fine from VND 100,000,000 to VND 150,000,000 for areas from 0.5 hectares to less than 1 hectare.
- Fine from VND 150,000,000 to VND 200,000,000 for an area of 1 hectare or more.
Note: For acts of encroaching or occupying land within the administrative boundaries of a ward or town, the penalty level is 02 times the penalty level for the corresponding type of land prescribed in Clauses 1, 2, 3 and 4, Article 13 of Decree 123/2024/ND-CP and the maximum penalty level is not more than 500,000,000 VND for individuals, not more than 1,000,000,000 VND for organizations.
Thus, building a house on land under the name of another person depending on the severity of the violation can be punished for encroachment or occupation of land according to the above fines.
If you build a house on land under someone else's name, do you have to restore it to its original state to return it to the landowner?
According to Clause 8, Article 13 of Decree 123/2024/ND-CP, which stipulates remedial measures for acts of land encroachment or land occupation:
a) Forced restoration of the original state of the land before the violation (including restoration of the boundary and boundary markers of the land plot), except in cases where the conditions for granting a Certificate of land use rights and ownership of assets attached to the land are met or where the land is temporarily used until the State reclaims the land as prescribed in Article 139 of the Land Law and Point b of this Clause.
b) Forcing the person to be allocated or leased land to complete procedures to be handed over land on site according to regulations in the case specified in Clause 5 of this Article.
c) Forced return of illegal profits obtained from committing the violation.
Thus, in case of encroachment on land to build a house, the remedial measure must be to force the restoration of the original state of the land before the violation (including the restoration of the boundary and boundary markers of the land plot), except in cases where the conditions for granting a Certificate of land use rights and ownership of assets attached to the land are met or in cases where land is temporarily used until the State reclaims the land as prescribed in Article 139 of the 2024 Land Law and Point b, Clause 8, Article 13 of Decree 123/2024/ND-CP.
