Is it permissible to build a house on land outside the designated boundary?

Clause 6, Article 3 of the 2014 Construction Law and Circular 01/2021/TT-BXD stipulate: " The building boundary is the line that limits the construction of the main building on the land plot ."

Based on the above definition of building boundaries, it can be understood that land outside the building boundary is the area of land that lies outside the boundary line where the main building on the plot is permitted to be constructed.

Furthermore, QCVN 01:2021/BXD, the National Technical Standard on Construction Planning issued by the Ministry of Construction accompanying Circular 01/2021/TT-BXD, also states in Section 1.4.23 that the main building boundary is the line limiting the permitted construction of the main building on the land plot.

Thus, from the above definitions of building boundaries, it can be understood that land outside the building boundary is the area of land that lies outside the boundary line where the main building is permitted to be constructed on the plot of land.

People are not allowed to build houses or structures outside the building boundary.

Section 2.6.7 of QCVN 01:2021/BXD, the National Technical Standard on Construction Planning issued by the Ministry of Construction accompanying Circular 01/2021/TT-BXD, stipulates the architectural details of buildings adjacent to roads, including the following two cases:

Case 1: If the building boundary coincides with the road boundary, the following principles must be ensured during construction:

- Do not obstruct traffic flow on the road.

- Ensure safety and convenience for pedestrian activities on sidewalks.

- It will not affect the green spaces, above-ground and underground infrastructure along the street.

- Ensure consistency in the streetscape along the street or in each section of the street.

- Ensure compliance with fire safety regulations and the operation of firefighting equipment.

Case 2: Land within the building setback area (land within the setback area is the space between the red line boundary and the building line) requires the builder to:

- Ensure that no part or architectural detail of the building extends beyond the red line boundary.

- Ensure consistency in the streetscape along the street or in each section of the street.

- Ensure compliance with fire safety regulations and the operation of firefighting equipment.

Furthermore, according to Clause 4, Article 12 of the 2014 Construction Law, violating the building boundary is also one of the prohibited acts in construction.

Therefore, although there are regulations regarding building setbacks outside the building boundary, people are still not allowed to build houses or structures outside the building boundary.

BAO HUNG

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