Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part II)
>>> Permissible minimum areas of individual land lots split from residential land parcels located in 63 nationwide cities and provinces (Part III)
21. Nam DinhLegal base: Decision No. 23/2014/QD-UBND
No.
|
Zone
|
Permissible
minimum area (m2)
|
Permissible
minimum frontage width (m)
|
Permissible
depth from road boundary lines (m)
|
I
|
Zone
I:
|
|||
1
|
Land
lot located inside Nam Dinh city or a townlet:
|
|||
1.1
|
Land
lot is a constituent of the street
|
30
|
3.0
|
5.0
|
1.2
|
Land
lot is single or detached
|
45
|
4.5
|
5.0
|
2
|
Land
lot located within urban planning zones:
|
|||
2.1
|
Land
lot located on the street of which the elevation width between its two
boundary lines is less than 20 m
|
36
|
4.0
|
5.0
|
2.2
|
Land
lot located on the street of which the elevation width between its two
boundary lines is greater than 20 m
|
45
|
4.5
|
5.0
|
II
|
Zone
II
|
45
|
3.0
|
7.0
|
III
|
Zone
III
|
50
|
4.0
|
7.0
|
IV
|
Zone
IV
|
80
|
4.5
|
7.0
|
22. Binh Phuoc
* With respect to land parcels located at wards of district-leveled towns like Dong Xoai, Binh Long and townlets of districts, the permissible maximum split area is prescribed as follows:
- With respect to the land lot located within zones developed according to the detailed planning approved by a competent authority in which dimensions, area, road boundary lines, setback lines and setback space and construction density are specified, the land split will be carried out according to that approved planning;
- With respect to the land lot adjacent to the street of which the width between its two boundary lines is greater than or equal to 20m, the permissible minimum area of a split land lot is 45m2, exclusive of limited use areas such as road reserves, electricity easements, river or stream protection corridors, with its narrowest side which is 05m;
- With respect to the land lot adjacent to the street of which the width between its two boundary lines is less than 20m, the permissible minimum area of a split land lot is 36m2, exclusive of limited use areas such as road reserves, electricity easements, river or stream protection corridors, with its narrowest side which is 04m.
With respect to land parcels located at district-leveled towns like Dong Xoai, Binh Long, Phuoc Long and districts, the permissible minimum area of a split land lot is 100m2, exclusive of limited use areas such as road reserves, electricity easements, rivers or streams, with its narrowest side which is 05m.
* The land lot that is split in accordance with the aforesaid regulation must have at least a side adjacent to a public road.
* If a land parcel to be split is a combination of a residential lot and an agricultural lot, the limit on the minimum area will be applied only to the residential lot.
* If any land tenant applies for the split of the existing land parcel into an individual land lot of which the area is less than the permissible minimum area and the combination of that lot with other adjacent lot in order to create a new land lot of which the area is equal to or greater than the permissible splitting area, both processes will be allowed.
Legal base: Decision No. 31/2014/QD-UBND
23. Nghe An
* If the land lot formed after the split or combination process has the minimum area which is subject to the following regulations and conforms to the planning, and has enough dimensions (width and length) appropriate to build a home in accordance with regulations adopted by the Ministry of Construction, that land lot will be given a certificate:
- The land lot located in Vinh city, towns, townlets and coastal communes must have the permissible minimum area of 50 m2;
- The land lot located at areas other than the aforesaid must have the permissible minimum area of 80 m2.
* If a land lot covers an area which is less than the area prescribed above, but is formed before December 29, 2007 (the date of entry into force of the Decision No. 146/2007/QD-UBND), it will be given a certificate in accordance with this Decision.
If a lot is split or combined after December 29, 2007 without conforming to the stipulated requirements mentioned above, it will not be qualified for a certificate (except when the tenant is entitled to that land lot according to a court judgement or decision, decision of a law enforcement authority or decision on resolution of land-related dispute issued by a competent authority; the tenant is entitled to that land lot under a will prescribed by laws).
Legal base: Decision No. 49/2014/QD-UBND
Zone
|
Permissible
minimum area of split land lot
|
Note
|
Urban
residential land
|
40
m2
|
Minimum
width of the frontage abutting onto a road is 3.5 m;
Minimum
depth of lateral sides is 5 m
|
Rural
residential land
|
60
m2
|
-
Minimum width of the frontage abutting onto a road is 4 m;
-
Minimum depth of lateral sides is 8 m.
|
25. Ninh Binh
* The residential land lot formed after split must conform to the following requirements:
- If that land lot is located at wards and townlets, it must cover a minimum area of 36 m2 and has both the width of its frontage and the depth of lateral sides from the setback line which are not less than 3 m
- If that land lot is located at communes, it must cover a minimum area of 45 m2 and has both the width of its frontage and the depth of lateral sides from the setback line which are not less than 4 m.
* In the case lot split and combination occur at the same time, the residual lot and the combined lot must conform to the abovementioned requirements.
Legal base: Decision No. 24/2014/QD-UBND
26. Ca Mau
Legal base: Decision No. 32/2015/QD-UBND
Zone
|
Permissible
minimum area of split land lot
|
Note
|
Wards,
townlets
|
36
m2
|
-
Width of the land lot is ≥ 4m;
-
Depth of the land lot is ≥ 4m.
|
Communes
|
50
m2
|
-
Width of the land lot is ≥ 4m;
-
Depth of the land lot is ≥ 4m.
|
Zone
|
Minimum
area of split land lot
|
Note
|
Urban zone
|
40m2
or over
|
The
minimum length of the shortest side of the split land lot must be 3.5m.
|
40
m2
|
The
minimum length of the shortest side of the split land lot must be 3.5m while
the distance between sides must not be less than 3m.
|
|
Rural
zone
|
80m2
or over
|
The
minimum length of the shortest side of the split land lot is 5.0m.
|
100m2
|
The
minimum length of the shortest side of the split land lot must be 5.0m.
|
Zone
|
Permissible
minimum area of split land lot
|
Wards,
townlets
|
40
m2
|
Communes
|
60
m2
|
29. Phu Tho
* Splitting of a land parcel will be allowed if the area of split land lot is not less than 50 square meters.
* If any tenant applies for the split of the existing land parcel into individual land lots of which the area of each is less than the permissible minimum area and the combination of that lot with other adjacent lot in order to create a new land lot of which the area is equal to or greater than the permissible splitting area, both processes will be allowed, and the certificate of the right to use land, the right to own house and other property associated with the newly-formed lot will be given.
- If the land parcel was split before June 13, 2007 (the date of entry into force of the Decree No. 84/2007/ND-CP) and covers an area which is less than the prescribed minimum area, the certificate of the right to use land may be awarded.
Legal base: Decision No. 12/2014/QD-UBND
30. Cao Bang
* Urban residential land: The split lot must satisfy the following requirements:
- Its minimum area must be 36 m2
- Its minimum width must be 3.5 m.
* Rural residential land: The split lot must satisfy the following requirements:
- Its minimum area must be 60 m2
- Its minimum width must be 4.0 m.
* If a household family or individual having the right to use land applies for splitting of a land parcel of which the area is less than the prescribed minimum area and combination of a split lot with an adjacent lot to form a new lot of which the area conforms to the aforesaid regulation, splitting will be allowed and certificate of the right to use the new lot will be given.
If the land parcel was split before February 15, 2008 (the date of entry into force of the Decision No. 252/2008/QD-UBND) and has its size and dimensions which are less than the prescribed minimum ones, the certificate of the right to use land, the right to own house and other associated property may be awarded in accordance with regulations in force.
Legal base: Decision No. 44/2014/QD-UBND
No.
|
Zone
|
-
Zones developed according to the planning at wards, townlets and towns
+
Land lot adjacent to the street of which the width between its boundary lines
is ≥ 20 m:
+
Width of the frontage is ≥ 5m;
Depth
of the land lot is ≥ 5m.
+
Land lot adjacent to the street of which the width between its boundary lines
is < 20m:
+
Width of the frontage is ≥ 4m;
Depth
of the land lot is ≥ 4m.
If
the lot has two sides of frontage including one adjacent to the street of
which width between its boundary lines is ≥ 20m and the other adjacent to the
street of which width between its boundary lines is < 20m, regulation on
the former one will be applied.
-
The lot located at rural areas and areas which are not in the urban planning:
+
Width of the frontage is ≥ 5m;
+
Depth of the land lot is ≥ 5m.
|
||
Vacant
lot
|
House
lot
|
|||
1
|
Wards
|
55
|
45
|
|
2
|
Townlets
and communes that has the urban planning (promotion of them to higher
administrative subdivisions like wards or townlets)
|
60
|
50
|
|
3
|
The
lot located at rural areas and not in the urban planning
|
80
|
60
|
|
32. Da Nang
* Regulation under which the permissible minimum area of the lot is 70.0m2 and the permissible minimum width of the lot is 4.0 m will be applied to land parcels located:
- At wards of districts like Hai Chau, Thanh Khe, Son Tra and Lien Chieu;
- At wards like My An, Khue My and on streets like Le Van Hien, Tran Dai Nghia of Ngu Hanh Son district;
- At wards like Khue Trung, Hoa Tho Dong, on National Highway 1A and National Highway 14B (Truong Son road) of Cam Le district.
* Regulation in which the permissible minimum area of the lot is 100,0m2 and the permissible minimum width of the lot is 4.5 m will be applied to land parcels located:
- At other wards of Cam Le district, except Khue Trung, Hoa Tho Dong ward, on National Highway 1A and National Highway 14B (Truong Son road) of Cam Le district;
- At other wards of Ngu Hanh Son district (except My An ward, Khue My ward and on Le Van Hien street and Tran Dai Nghia street of Ngu Hanh Son district);
- On National Highway 1A, National Highway 14B, DT 602, DT 605 of Hoa Vang district.
* Regulation under which the permissible minimum area of the lot is 150.0m2 and the permissible minimum width of the lot is 5.0m will be applied to communes of Hoa Vang district, Hoang Sa district, except on National Highway 1A, National Highway 14B, DT 602 and DT 605 of Hoa Vang district.
* In special cases such as property division during divorce, inheritance, gifted or donated property that children receive from parents, guardians or natural siblings receive from each other, splitting of the lot into the lot of which the area is less than the permissible minimum area stated above is allowed but the minimum area of the split lot must be 3.0m if it is located in districts like Hai Chau and Thanh Khe; the minimum area of the lot is 50.0 m2 and the minimum width of the lot is 3.5m if it is located within other urban or suburban districts.
* The minimum area and the minimum width of the lot remaining after splitting must not be less than those prescribed above.
* Tenants shall not be entitled to split or subdivide the lots which are located at zones having the approved detailed planning of 1/1,000 - 1/200 scale throughout the city in order to transfer the land use right.
Legal base: Decision No. 42/2014/QD-UBND
33. Quang Binh
Land
type
|
Minimum
area of split land lot
|
Note
|
-
Other non-agricultural land
(used
by organizations only)
|
300
m2
|
Length
of the narrowest side must be greater than or equal to 10m.
|
-
Other non-agricultural land
(used
by family households or individuals only)
|
30
m2
|
Length
of the narrowest side must be greater than or equal to 4m.
|
Legal base: Decision No. 23/2017/QD-UBND
34. DakLak
* Residential land
Wards or townlets:
- If land splitting is required according to the planning, in order to become a new land lot from the lot remaining after such planning, it must satisfy requirements concerning its minimum area which is equal to or greater than 20m2, and its minimum width which is equal to or greater than 3m;
- If land splitting is required to exercise rights related to conversion, transfer, gift, donation or lease of the land use right, or change land purposes, use of the right to use a portion of the lot as a mortgage, collateral or capital contribution, its minimum area must be equal to or greater than 40m2, and its minimum width must be equal to or greater than 3m;
If the lot is located within communes, its minimum area must be equal to or greater than 60m2, and its minimum width must be equal to or greater than 4m.
Legal base: Decision No. 36/2014/QD-UBND
35. Quang Nam
* Allocation, recognition and splitting of the residential land lot requires that lot to have the minimum area and dimensions specified below:
- If the lot is located within Zone I, The minimum area of the lot on which a house is built must be 40.0m2 and its width of frontage from the setback line must be at least 4.0m;
- If the lot is located within Zone II, the minimum area of the lot on which a house is built must be 50.0m2 and its width of frontage from the setback line must be at least 4.0m;
- If the lot is located within Zone III, the minimum area of the lot on which a house is built must be 60.0m2 and its width of frontage from the setback line must be at least 4.0m;
* In special cases such as property division during divorce, inheritance, gifted or donated property that children receive from parents, guardians or natural siblings receive from each other, splitting of a land parcel into the individual lot of which the area is less than the permissible minimum area stated above is allowed but the minimum area of the split lot must be 40.0 m2 and its minimum width of sides must be 3.0m, irrespective of zone where it is located.
* If a tenant applies for the split of the existing land parcel into an individual land lot of which the area is less than the permissible minimum area, (s)he must apply for combination of that lot with other adjacent lot to create a new lot of which the area is equal to or greater than the prescribed minimum area.
* Tenants shall not be entitled to split or subdivide the lots which are located at zones having the approved detailed planning of 1/1000 - 1/200 scale throughout districts, towns or cities in order to carry out transfer of the land use right (unless permitted by competent authority).
Legal base: Decision No. 12/2015/QD-UBND
36. Dak Nong
* Residential land
Urban zone:
With respect to the lot adjacent to the road of which the width between its boundary lines is at least 20m, the permissible minimum area for splitting is at least 55 m2 if the lot is located at areas having the slope gradient of more than 15% and causing difficulties in building a home, and at least 45 m2 if it is located at areas having the maximum slope gradient of 15% and convenient for building a home. The land split must conform to the following requirements:
The width of the lot is 5m or over.
Its depth from the setback line is at least 5 m.
With respect to the lot adjacent to the road of which the width between its boundary lines is less than 20m, the permissible minimum area for splitting is at least 46 m2 if the lot is located at areas having the slope gradient of more than 15% and causing difficulties in building a home, and at least 36 m2 if it is located at areas having the maximum slope gradient of 15% and convenient for building a home. The land split must conform to the following requirements:
The width of the lot is 4m or over.
Its depth from the setback line is at least 4 m.
Rural zone: The allowed minimum area for splitting is 90 m2. The land split must conform to the following requirements:
The width of the lot is 5m or over.
Its depth from the setback line is at least 5 m.
In the case of splitting of the land parcel located at residential areas which have high population and construction density such as built-up or urban areas, the permissible minimum area for splitting will be subject to regulations applied to land parcels located at urban zones.
If a land lot was used for building a home and other facilities before July 1, 2014, and the remaining part of the lot needs to be split but all of the aforesaid requirements have failed, splitting will be allowed but the following requirements must be satisfied:
- With respect to the lot adjacent to the road of which the width between its boundary lines is at least 20m, it must stick to 3 following factors: the permissible minimum area for splitting is at least 45 m2 if the lot is located at areas having the slope gradient of 15% or less and convenient for building a home, and 55 m2 or more if the lot is located at areas having the slope gradient of 15% or above and causing difficulties in building a home; its minimum width is 4 m; its minimum depth is 5 m.
- With respect to the lot adjacent to the road of which the width between its boundary lines is less than 20m, it must stick to 3 following factors: the permissible minimum area for splitting is at least 36 m2 if the lot is located at areas having the slope gradient of 15% or less and convenient for building a home, and 46 m2 or above if the lot is located at areas having the slope gradient of 15% or above and causing difficulties in building a home; its minimum width is 3.5 m; its minimum depth is 4 m.
* In order to obtain permission for splitting of the lot used for agricultural production purpose into the lot used for residential purpose, the aforesaid requirements must be satisfied. In addition, purposes of the split lot must be appropriate to the land use planning or the urban planning (the detailed one) approved by the competent authority. In this case, application for land split and change in land use will be accepted.
* Splitting of a land parcel into two or more lots consisting of one or multiple lots having the area less than the above-mentioned minimum area is not allowed.
* In the case of splitting of a land parcel of which the area is less than the prescribed minimum area for combination of that lot with another same-purpose lot to create a new lot of which the area is equal to or greater than the prescribed minimum area, both splitting and combination of a lot will be allowed.
Legal base: Decision No. 32/2014/QD-UBND
37. Quang Ngai
- The permissible minimum area of a land parcel located at urban zones, Ly Son district, communes like Binh Chanh, Binh Thanh, Binh Dong, Binh Chau, Binh Hai, Binh Tri of Binh Son district; Tinh Ky, Nghia An, Nghia Phu of Quang Ngai city; Duc Loi of Mo Duc district; Pho Thanh, Pho Quang of Duc Pho district; zones adjacent to National Highway 1A; National Highway 24 (the section starting from Pho An commune and ending at Pho Phong commune) is 50 m2.
- The land lot located at areas other than the aforesaid must have the permissible minimum area of 100 m2.
- The permissible minimum area for splitting mentioned above must be based on the minimum length of sides with the minimum width of the frontage which is 3m.
Legal base: Decision No. 54/2015/QD-UBND
38. Dien Bien
* The minimum area of a land parcel at urban zones after splitting must be 40 m2; its width of the frontage must be 3 m; its minimum length (depth) must be 5 m.
* Splitting of a land lot located at rural areas shall be subject to the following regulations:
- With respect to the residential lot located at areas adjoining roads which are intermediate hubs connecting national and provincial routes; adjoining main roads of suburban communes; administrative centers of districts; industrial parks, commercial zones, tourist sites and economic zones of communes (areas which have advantages in terms of location, high land use efficiency and land prices relative to these of urban residential lots), the minimum area of the lot after splitting must be 50 m2; the minimum width of the frontage must be 3 m; the minimum length (depth) must be 8 m.
- The minimum area of a land parcel at suburban zones or low elevation communes other than the aforesaid after splitting must be 60 m2; its width of the frontage must be 4 m; its minimum length (depth) must be 8 m.
- The minimum area of a land parcel at communes other than the aforesaid after splitting must be 70 m2; its width of the frontage must be 4 m; its minimum length (depth) must be 10 m.
Legal base: Decision No. 28/2014/QD-UBND
39. Quang Ninh
The minimum area of a split lot must be 45m2, the minimum width (the width of the side adjoining a road) and depth must be 4.5 m (exclusive of spaces for walkways, water drainage systems, portion of the lot inside the road reserve, petroleum pipe easement, electricity easement and other utilities easements where building of a home is not permitted).
Legal base: Decision No. 1768/2014/QD-UBND
Zone
|
Land
type
|
Permissible
minimum area of split land lot
|
Note
|
Wards
of Bien Hoa city
|
Land
lot adjacent to the street of which the width between its boundary lines is
equal to or greater than 20m
|
45m2
|
Width
and depth must be greater than or equal to 4.5m.
|
Land
lot adjacent to the street of which the width between its boundary lines is
equal to or greater than 20m
|
36m2
|
Width
and depth must be greater than or equal to 4m.
|
|
Communes
of Bien Hoa city and wards of Long Khanh town
|
55m2
|
||
Communes
of Long Khanh town, townlets of districts and communes of Nhon Trach district
|
65m2
|
||
Other
communes of districts
|
80m2
|
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