RESOLVING LAND DISPUTES WHEN BUILDING HOUSES
OUTLINES
1. Some legal provisions on land disputes when building houses.
2. Conditions for housing construction.
3. Competence to settle land disputes when building houses.
- Land dispute when building a house is one of the legal issues of concern today. In fact, many holders of encroached land use rights have difficulty getting back the encroached land when others build houses on their land. So, how does the law provide for the settlement of land disputes when building a house? The following article will guide you on the above content, helping readers understand the necessary information.
Disputes over land when building a house (Illustration).
Currently, according to the 2013 Land Law, there are many adjustment regulations to protect the rights and interests of land users. Specifically:
- According to Article 6 of the 2013 Land Law, the principles of land use include:
- Use the land in accordance with the master plan, plan and purpose.
- Effective, economical, environmental protection and does not harm the legitimate interests of the surrounding land users.
- Rights and obligations of land users during the land use term shall comply with the provisions of this Law and other relevant laws.
- According to Article 12 of the 2013 Land Law, there are 10 prohibited acts as follows:
- Destroying, encroaching, occupying land.
- Failing to register with competent state agencies on land use or conduct transactions on land use rights.
- Financial obligations towards the State are not fully fulfilled or financial obligations towards the State are not fulfilled.
- Using the land in violation of the planning, the plan has been announced.
- Land use purpose is not correct, land is not used for the right purpose.
- When exercising the rights of land users in contravention of the law.
- Violating regulations on land management by taking advantage of positions and powers.
- Information about land is not provided or provided incorrectly as required by law.
- To receive the transfer of agricultural land use rights in excess of the limit for households and individuals according to the provisions of this Law.
- When the exercise of the rights of land users is obstructed, causing difficulties according to the provisions of law.
- From the above regulations, it can be seen that when building a house, a land dispute arises over the construction of a house on the encroached land of others, which violates the prohibition of the law. Therefore, depending on the nature and extent of the behavior, they will be handled according to the law.
- Regarding the form of sanctioning of administrative violations: According to Clause 10, Article 16 of Decree 16/2022/ND-CP on sanctioning of administrative violations in construction. In particular, regulations on a fine ranging from VND 80 million to VND 100 million for acts of building separate houses, expanding, encroaching on space, area being used, and lawfully managed by individuals or organizations other positions. In case, after being made an administrative record, the act still does not stop even though the competent person has requested the termination, the fine will be from 100 million to 120 million dong.
- Regarding the form of criminal handling: According to Article 228 of the Penal Code, a fine ranging from VND 50 million to VND 500 million, a non-custodial reform for up to three years or a fine of between six months and three years shall be imposed on any person has acts of encroaching upon or using land in contravention of the provisions of law on land management and use, this act has been administratively sanctioned but still commits it or has been convicted of this crime. have their criminal records cleared but still commit violations.
- Regarding remedial measures: According to Clauses 14 and 15, Article 16 of Decree 16/2022/ND-CP stipulating that for constructions, the violated construction works must be dismantled and may be deprived of the right to use. construction permit from 03 months to 06 months.
- From the above provisions, in the case of building a house but encroaching on other people's land, a dispute arises, which is considered an act of encroachment on other people's land. Upon termination of the act, based on the above-mentioned handling provisions, the violator may be administratively or criminally handled.
Điều kiện xây dựng nhà ở (Ảnh minh họa).
- Land use right holders are allowed to carry out construction and land reclamation activities in accordance with the Land Law. For the owner of a lawful land use right (ie with a valid land use right certificate), no one is allowed to infringe on the owner's land use right.
- For housing construction, a construction permit is required according to Article 93 of the Law on Construction 2014, amendments and supplements in 2020 on conditions for granting construction permits for separate houses in urban areas. can:
- The issuance of permits must be consistent with the land use purposes approved by competent state agencies according to the land use planning and architecture management regulations.
- The granting of permits must ensure the safety of technical infrastructure, protection corridors for dykes, irrigation, traffic, energy, cultural heritage sites, and historical-cultural relics; ensure the safety of adjacent works and works and requirements on environmental protection, fire and explosion prevention and control; ensure a safe distance to inflammable, explosive and toxic works and important works related to national defense and security.
- Requirements for construction design of separate houses according to Clause 7 Article 79 of the Law on Construction.
- Dossier of application for a construction permit according to Clause 1, Article 95, Article 96 and Article 97 of the Law on Construction and guiding documents.
- In case of construction of separate houses in urban areas, the above conditions must be satisfied; Separate houses in areas or streets in urban areas that have been stabilized but have not yet had detailed construction planning must conform to regulations on management of urban planning, architecture or urban design approved by housing authorities issuing country.
- In case of construction of separate houses in rural areas, it must conform to the detailed planning on construction of rural residential quarters.
According to Article 203 of the 2013 Land Law, the competence to settle land disputes is as follows:
- The People's Court shall settle a land dispute in which the involved parties have a Certificate or one of the legal papers on land use rights as prescribed in Article 100 of the Land Law 2013.
- In case the involved parties do not have legal papers on land use rights and a land dispute arises, the involved parties may choose one of two forms of land dispute settlement as follows:
- File a lawsuit at a competent People's Court in accordance with the law on civil procedures;
- File a request for dispute settlement at a competent People's Committee according to the following instructions:
(1) Presidents of district-level People's Committees shall settle disputes between households, individuals and communities.
(2) Presidents of provincial-level People's Committees shall settle disputes in which one of the disputing parties is an organization, religious establishment, overseas Vietnamese, or foreign-invested enterprise.
➤ More articles:
➤ Some ways to resolve land disputes you need to know.
➤ Authority to settle land disputes under new regulations.
➤ The latest process of transferring land use rights today.
➤ Issues related to when applying for a certificate of “land right” ownership.
- Above is the content of some regulations on the Guidelines for settlement of land disputes when building houses of Thinh Tri Law Firm sent to readers. If you have any questions, please contact Hotline 1800 6365 for advice.
