1. What is the understanding of building a house in the wrong location of residential land?
Currently, the land law does not have any regulations on residential land, but this is a common name used by people to refer to urban residential land and rural residential land.
At the same time, Clause 1, Article 5 of the 2024 Land Law also clearly states the principle of land use must be for the right land use purpose. At the same time, Clause 1, Article 31 of the 2024 Land Law stipulates that land users are obliged to use land for the right purpose, within the boundaries of the land plot, in accordance with regulations on the use of underground depth and height in the air, protection of underground public works and compliance with other relevant legal provisions.
In case of building a house on a land area including land used for residential purposes and for non-residential purposes, the land user is only allowed to build within the area of residential land that has been granted a Certificate.
Pursuant to the above regulations, households and individuals are considered to have built the wrong residential land location when using land for purposes not recognized by the State for land use rights. This behavior violates the principle of land use and will therefore be punished according to the provisions of law.
2. How is a house built in an incorrect location on residential land handled?
According to Decree 123/2024/ND-CP, building a house in the wrong location on residential land is an act of arbitrarily changing the purpose of land use, the acts may be punished according to the Decree. Pursuant to Article 12 of Decree 123/2024/ND-CP, the act of arbitrarily converting non-agricultural land to other purposes will be subject to the following penalties:
