To separate a new residential plot, there must be a 1/500 planning.
According to the draft, the minimum area after subdivision in area 1 is 36m2 , with the frontage width and the depth of the land plot not less than 3m. Area 2 has a minimum area of 50m2 , with the frontage width and the depth of the land plot not less than 4m. Area 3 has a minimum area after subdivision is 80m2 , with the frontage width and the depth of the land plot not less than 5m.
For agricultural land plots, newly formed land plots and remaining land plots after division must ensure the following minimum areas: 500m2 for land for growing annual crops, other agricultural land and 1,000m2 for land for growing perennial crops, aquaculture land, and salt-making land.
However, the condition for land division is that the land is not in dispute, not seized to ensure execution of judgment; not subject to temporary emergency measures by competent state agencies. In case the land belongs to the planning of agricultural land, existing residential land (current residential status) or existing residential renovation, it must be consistent with the planning, land use plan, detailed planning at a scale of 1/2,000 or zoning planning at a scale of 1/2,000 or detailed planning for construction of rural residential areas approved by competent state agencies, then the land division is allowed.
In case the plot is in the planning of new residential land, mixed-use land (including residential land function), it is suitable for the planning, land use plan, detailed planning at scale 1/500 (or shortened detailed planning at scale 1/500), detailed urban design at scale 1/500 approved by the competent authority, then the plot can be divided.
Land plots before and after division must be adjacent to traffic routes announced by competent authorities.
A subdivision area in the old District 9 (now Thu Duc City)
Only suitable for businesses, difficult for people to implement?
Lawyer Tran Minh Cuong (Ho Chi Minh City Bar Association) said that previously the condition for land division was that the land had a 1/2,000 scale plan, now it is required to have a 1/500 scale, which makes it more difficult for people who really want to divide the land for their children. This regulation is not feasible in practice because only real estate projects can do the 1/500 scale plan, and people who want to divide 1 or 2 plots cannot do the 1/500 scale plan themselves.
Sharing the same view, the representative of Binh Chanh District People's Committee also said that the existing residential areas in the district almost do not have 1/500 planning but only in real estate projects. Therefore, if based on this regulation to divide the plot, most people will not be able to meet the requirements.
Meanwhile, regarding the regulation, the land plots before and after the division must be adjacent to the traffic route announced by the competent authority. According to lawyer Truong Thi Hoa, this is difficult to understand because what is an adjacent road? Does this regulation contradict Article 254 of the 2015 Civil Code on "Right of way" when regulating the road at real estate?
Many opinions also say that the city needs to review the minimum area regulations, in a smaller direction to create conditions for people to have housing.
Mr. Phan Ngoc Phuc, Deputy Director of the Department of Planning and Architecture, said that for the core area of the city center, as well as districts that have 1/2,000 when dividing plots, the authorities will consider each specific case regarding infrastructure connection, water supply and drainage, and social infrastructure.
For mixed-use planning land, newly built residential land, in which a plot of land has many different uses. Therefore, if the land plot to be separated has a suitable 1/500 detailed planning, it will be separated. Thus, compared to Decision 60, these contents open up a lot for people to separate plots.
Regarding the land division limit, Mr. Nguyen Toan Thang, Director of the Department of Natural Resources and Environment of Ho Chi Minh City, also said that in the past, the districts did not reflect anything on this content. Therefore, this draft continues to be implemented according to the areas as in the draft.
However, some provisions of Decision 60 are no longer suitable to reality, so the spirit is to amend. The Department of Natural Resources and Environment will continue to solicit feedback and accept reasonable comments. During that process, it will review and update the contents of the 2024 Land Law to ensure consistency when the decision is issued.
Source: https://thanhnien.vn/quy-dinh-moi-ve-tach-thua-co-lam-kho-nguoi-dan-185240509103002319.htm
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