Đất ở nông thôn là gì? Đất ở nông thôn được xây mấy tầng?

What is rural land? How many floors are built in rural land? Land quota in rural areas? Is residential land in the countryside residential land? Regulations on land in rural areas and residential land in urban areas?

Land issue is always one of the issues that many people are concerned about. There are many types of soil, one of which is rural land. Rural land or rural land is also clearly defined in legal documents. Therefore, we see that any legal issues related to certification documents need to comply with the law. So, what is rural land? How many floors are built in rural land? This is definitely a question that many people are interested in.

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Legal grounds:

– Land Law 2013.

– Construction Law 2014.

1. What is rural land?

We understand the land in the countryside as follows:

Residential land is defined as land for subjects to build houses, build works for specific life, we can mention specific works such as: garden land, ponds attached to houses in the house. the same parcel of land in a residential area (including gardens and ponds attached to separate houses) has been recognized as residential land.

Residential land will include residential land in rural areas, residential land in urban areas. In case residential land is used in combination with non-agricultural production and business purposes (including mixed-purpose apartment buildings), in addition to making statistics according to residential land purposes, statistics must be including the secondary purpose which is non-agricultural production and business land.

Rural residential land is basically understood as residential land within the administrative boundaries of communes, except for residential land in new urban areas which have been implemented according to specific development plannings in districts, cities, towns. communes and townships but are currently under the management of communes.

Pursuant to the provisions of Article 143 of the 2013 Land Law, which regulates land in rural areas, the specific contents are as follows:

see more: What is residential land? Distinguish between residential land, residential land and agricultural land?

“Article 143. Residential land in rural areas

1. Residential land used by households and individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the same land plot in rural residential areas, suitable for residential areas. in conformity with the master plan on land use and construction planning of rural residential quarters already approved by competent state agencies.

2. Based on the local land fund and the rural development planning approved by the competent state agency, the People’s Committee of the province shall stipulate the quota of land allocated to each household and individual to building houses in the countryside; minimum area to be divided into residential land in accordance with local conditions and practices.

3. The allocation of residential land in rural areas in the master plans and plans on land use must be synchronized with the planning of public works and non-business works to ensure convenience for production, people’s life and sanitation. environment and towards rural modernization.

4. The State adopts policies to create conditions for people living in rural areas to have accommodation on the basis of making use of land in available residential areas, and to limit the expansion of residential areas on agricultural land.

Thus, we can define residential land in rural areas as residential land used by households and individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the countryside. the same land plot in a rural residential area, in accordance with the master plan on land use and construction planning of rural residential quarters already approved by competent state agencies.

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In general, we can simply understand rural land as follows:

– Residential land used by individuals or households in rural areas.

Land is used for the purpose of building houses or works for life.

Land for construction of ponds, gardens, barns in the same plot of land in a rural residential area.

Land in rural areas has the following specific characteristics:

– The first feature is that most of the population clusters are households consisting of many generations and are linked together by the close bloodline factor.

Ordinary residential areas are formed in places with favorable geographical locations, places near regional centers, near rivers and connecting transport systems between provinces.

see more: The latest procedure to convert land for perennial crops into residential land 2022

– The area of ​​residential land will usually tend to increase due to the needs of rapid population growth and the expansion of residential areas on agricultural land.

2. How many floors is built in rural land?

Is it possible to build a house on rural land?

Rural land is residential land, so subjects will be allowed to build houses, specifically:

– Residential land as we have mentioned above is land for housing and construction of works for the purpose of serving people’s lives on the same piece of land in a residential area, including rural land. and urban land.

– If residential land is combined with business purposes, non-agricultural production, then that land will need to be clearly defined, including the main purpose of living, and the secondary purpose of being used for non-agricultural production. industry and business.

How many floors are built in rural land?

Pursuant to Clause 7, Article 79 of the Law on Construction 2014, there are requirements for the construction design of separate houses with the following specific contents:

“a) Design for construction of separate houses must satisfy design requirements specified in Clause 3 of this Article;

see more: What is urban land? Limit and duration of residential land in urban areas?

b) Households are allowed to design separate houses by themselves with a total construction floor area of ​​less than 250 m2 or under 3 floors or with a height of less than 12 meters, in accordance with the approved construction planning and take responsibility before legislation on design quality, impacts of construction works on the environment and safety of neighboring works.”

Specifically, Clause 3, Article 79 of the Law on Construction 2014 stipulates the following contents:

Comply with applicable standards, technical regulations, and legal regulations on the use of building materials, meeting requirements on usability and applied technology (if any); ensure bearing safety, safety in use, aesthetics, environmental protection, response to climate change, fire and explosion prevention and control and other safety conditions.”

Thus, it can be seen that, based on the above specific regulations, for individual houses with a total construction floor area of ​​less than 250 m2 or less than 3 floors or with a height of less than 12 meters, households will are designed by themselves, but the subjects need to ensure compliance with the approved construction planning and those subjects will be responsible before the law for the quality of the design, the impact of the construction work on the environment. and safety of neighboring structures. As for the case of building separate houses on a larger scale than the case specified above, the household must hire an individual or unit capable of designing and building and following the correct procedures. in accordance with the provisions of the law.

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3. Rural land quota:

The rural land quota is basically understood as the area of ​​land that the subjects being households and individuals are allowed to use to the maximum, which are allocated or legally transferred by the State from the subjects who are the other due to reclamation and reclamation. This rural land quota is issued for the purpose of controlling the area of ​​land that the competent state agency has allocated to individuals and households for use.

The rural land quota is also a legal basis for the purpose of limiting the area of ​​land allowed to be used by individuals and households whose land use rights are formed from the State’s allocation. land, as follows:

– Provincial People’s Committees will issue specific regulations on the amount of land allocated to each household and individual to build houses in rural areas, based specifically on the local land fund and the master plan. rural development approved by competent state agencies; The minimum area will be divided for residential land in accordance with specific conditions and practices in the localities.

– The allocation of residential land in rural areas included in the land use master plan and plan will need to be synchronized with the planning of public works and non-business works. In addition, the allocation of residential land in the countryside must ensure convenience for production, people’s life, environmental sanitation and in the direction of rural modernization.

see more: What is 50 year land? How to switch from 50-year red book to long-term residential land?

Attention should be paid to the allocation of residential land in rural areas:

The allocation of residential land in rural areas in the land use planning and planning will need to be synchronized with the planning of public and non-business facilities. Allocating residential land in rural areas also needs to ensure convenience for people’s lives, production, and environmental sanitation. At the same time, it is necessary to implement the allocation towards rural modernization.

4. Is residential land in the countryside residential land?

Currently, the concept of residential land is used quite a lot in life because it is often understood as ordinary residential land. This is just a traditional name for residential land. However, residential land is not rural residential land. These two concepts are completely different in nature.

Residential land is understood as residential land including rural land and urban residential land. Residential land in rural areas is only understood as residential land in rural areas. However, because the name residential land is just a general term that people often use for residential land, many people are still confused by these two types of land.

Residential land is only used for housing and construction of works to serve the daily needs of each individual in social life associated with the house on the same land that has been approved by the competent State agencies. approval and recognition.

Thus, it can be understood that residential land in rural areas is not residential land, but residential land is a general concept that includes both rural and urban land. Land in rural areas is used for residential purposes only, but in rural areas and on Certificates of land use rights (also known as the red book) clearly stating that the land is in rural areas. As for residential land, it is allowed to build houses in both rural and urban areas that have been recognized by law.

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And now, due to the increasingly developed and modern life, the land area in rural areas is being reduced and replaced by urban areas. This is also considered a good point because it shows that the lives of people in rural areas are being changed for the better, they have conditions for health care, education and a civilized working environment. and more modern.

5. Regulations on rural land and residential land in urban areas:

Firstly,live in the countryside

see more: Is it allowed to build factories on residential land?

  • Residential land currently being used by households and individuals in rural areas, including land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in rural residential areas, suitable for residential areas. master plan on land use, planning on construction of rural residential quarters already approved by competent state agencies.
  • Based on the local land fund and the rural development planning approved by the competent state agency, the provincial People’s Committee shall stipulate the quota of land allocated to each household or individual to build a house. living in the countryside; the minimum area to be divided into residential land in accordance with local conditions and practices.
  • The allocation of residential land in rural areas in land use master plans and plans must be synchronized with the planning of public works and non-business works to ensure convenience for production, people’s life, environmental sanitation. schools and towards rural modernization.
  • The State has policies to create conditions for people living in rural areas to have accommodation on the basis of making use of land in available residential areas, limiting the expansion of residential areas on agricultural land.

Second,live in the city

  • Residential land in urban areas includes land for construction of houses, construction of works in service of life, gardens and ponds in the same parcel of land in urban residential areas, in accordance with the land use planning and master plan. urban construction has been approved by competent state agencies.
  • Urban residential land must be arranged synchronously with land used for construction of public works, non-business works, ensuring environmental sanitation and modern urban landscape.
  • The State shall have a plan on land use to build houses in urban areas, and have policies to create favorable conditions for people living in urban areas to have a place to live.
  • Provincial-level People’s Committees, based on land use planning, urban construction planning and local land fund, shall stipulate the quota of residential land allocated to each household or individual to build their own housing for schools. ineligible for land allocation under construction investment projects House; Minimum area to be divided for residential land.
  • The conversion of residential land to land for construction of production and business establishments must conform to master plans, plans on land use and urban construction planning already approved by competent state agencies and comply with regulations on land use and urban planning. regulations on order, safety and protection of the urban environment.

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