How to determine land use limits?

Residential land and residential land limits

Pursuant to the provisions in Section I of Appendix I issued with Circular 28/2014/TT-BTNMT, residential land is the land area used for the purposes of building houses, works serving life and garden land, ponds attached to houses in the same plot of land in a residential area.

Residential land is denoted as OTC. Residential land is divided into urban residential land and rural residential land.

What is the land use limit?

The residential land allocation limit is the limit on the area of residential land allocated by the State to people through land allocation decisions, or in other words, the maximum area of land that households and individuals are allowed to use.

There are two types of residential land limits, including the residential land recognition limit and the residential land allocation limit. Both of these limits are decided by the provincial People's Committee.

Residential land is divided into urban residential land and rural residential land. (Photo: Xuan Tien)

How is the residential land limit determined?

According to the provisions of the 2013 Land Law, the residential land limit will be determined according to the regulations on limits in each locality.

Land recognition limit

Pursuant to Article 103 of the 2013 Land Law, the method of determining residential land area for plots of land with gardens and ponds is as follows:

“ In the case of a residential land plot with a garden or pond formed from December 18, 1980 to before July 1, 2004 and the current user has one of the types of documents on land use rights prescribed in Article 100 of the 2013 Land Law, but the residential land area is not clearly stated in such documents, the residential land area is determined by the Provincial People's Committee based on local conditions and customs to prescribe the residential land recognition limit for each household in accordance with local customs according to the number of people in the household ”.

Thus, the land allocation limit is determined based on the grounds of land use documents. When a land use right certificate is issued with the content stated as residential land, that area is recognized as residential land.

In other words, the residential land area is shown most clearly and accurately on the land use rights certificate.

In case there are no documents on land use rights or land allocation decisions, it is determined as follows:

-If the land is used stably and not due to encroachment or illegal change of land use purpose, the land type is determined according to the current status of the land in use.

-If the land in use has a house, it is recognized as residential land according to regulations.

-If the land is being used due to encroachment or illegal change of land use purpose, the land type is determined based on the origin, management and use process.

- In case the land is used for many different purposes and is not a residential land with a garden or pond in the same plot, if the boundaries of use between the purposes can be determined, the land plots will be divided according to each purpose and the purpose for each plot of land will be determined. If the boundaries of use between the purposes cannot be determined, the main land use purpose will be determined according to the land type with the highest price in the land price list.

Residential land allocation limit

Clause 2, Article 143 of the 2013 Land Law stipulates on rural residential land: “ Based on the local land fund and rural development planning approved by competent state agencies, the provincial People's Committee shall prescribe the land quota allocated to each household and individual for housing in rural areas. The minimum area for land subdivision for residential land shall be consistent with local conditions and customs .”

Clause 4, Article 144 of the 2013 Land Law stipulates on urban residential land: “ The provincial People's Committee shall, based on land use planning, urban construction planning and local land funds, prescribe the residential land limit allocated to each household or individual for self-construction of housing in cases where the conditions for land allocation under housing construction investment projects are not met. The minimum area allowed for land subdivision for residential land ”.

Land allocation limits in rural and urban areas are different. (Photo: Xuan Tien)

Thus, based on the above two regulations, the land allocation limit is determined as follows:

For rural residential land: Based on the local land fund and rural development planning approved by competent State agencies, the provincial People's Committee shall prescribe the land quota allocated to each household and individual for housing in rural areas. The minimum area for land subdivision for residential land shall be consistent with local conditions and customs.

For urban residential land: The provincial People's Committee shall, based on land use planning, urban construction planning and local land funds, prescribe the residential land limit for each household or individual to build their own house in cases where they do not meet the conditions for land allocation under housing construction investment projects. The minimum area allowed for land subdivision for residential land.

Although the determination of rural land allocation limits and urban land allocation limits is different depending on each locality, the competent authority regulating residential land limits in these two localities is also not different.

The competent authority to regulate the land allocation limit is the People's Committee of the province or centrally-run city.

CHAU THU

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