LATEST PROCEDURE
FOR RESIDENTIAL LAND SPLIT
Separation of parcels is one of the common procedures in the field of land, especially residential land. In order to help customers understand the current residential land separation procedure, Thinh Tri Law will analyze and point out points to note.
Image 1. Latest procedures for residential land separation
OUTLINES
1. Definition of residential land and residential land division
2. Conditions for separation of residential land plots.
3. Procedures for separation of residential land plots.
- In simple terms, residential land is the residential land of people in different areas. According to the provisions of the current Land Law, residential land is non-agricultural land, the main use purpose is to live, build houses and auxiliary works for daily life.
- Accordingly, residential land also includes garden and pond land attached to houses in the same land plot in a residential area, including gardens and ponds attached to dettached houses. Residential land includes residential land in urban areas and land in rural areas or types of land used for different purposes such as land for offices, state non-business works, etc.
- Currently, the division of residential land parcels is taking place increasingly popular. We can understand that splitting a land parcel is the division of land use rights from one person who is responsible for it to many different objects, the process must be done in accordance with the law.
In order to be separated from a residential land plot, the following conditions must be met:
- First: Must have a certificate of land use right. This is the prerequisite as well as the most basic when you want to conduct the separation of the land plot. Because, when the land belongs to their use right, it is possible to split the parcel.
- If there is certificate of land use right, then a certificate of land use right must be obtained before the division of the parcel can be carried out. It should be noted that, in order to be granted a land use right certificate, it is necessary to have a permanent resident population in the locality and have a stable land use base ever since and there is no dispute over land.
- Second: After having the certificate of land use right, if you want to separate the parcel, you need to meet the minimum quota and area for splitting the parcel. Specifically, according to the provisions of Clause 31, Article 2 of Decree No. 01/2017/ND-CP: "The People's Committee of the province shall stipulate the minimum area allowed to parcel split for each type of land in accordance with the specific local circumstances".
- Thus, the separation of residential land still needs to meet the minimum area requirement. Accordingly, for information on the minimum area to be divided for each specific land type, customers can go to the local People's Committee of the commune to request information.
Image 2. Conditions for residential land split.
- Step 1: Prepare all required documents.
- According to the provisions of Clause 11 Article 9 of Circular 24/2014/TT-BTNMT, households and individuals submit 01 set of dossiers of request for parcel separation as follows:
- An application for division of the parcel Form 11/DK.
- Original Certificate issued.
- ID card, household registration book of the land user..
- Step 2: Submit your application
- To submit an application, customers can do it in one of two ways:
- Submit the application at the People's Committee of the commune, ward or town where the land is located if required.
- If the locality has not yet organized a branch of the land registration office, the application shall be submitted at the branch of the land registration office of a district, town, provincial city (district level) or the registration office of land use rights.
- Step 3: Receipt of application
- The application-receiving agency shall record all information in the application-receiving book and return the results, hand over the application-receiving slip and return the results to the applicant.
- If the application is incomplete or invalid, within a maximum period of 03 days, the application-receiving and processing agency must notify and guide the applicant to supplement and complete the application as prescribed.
- Step 4: Resolve the request
- Within 12 working days since the date of receipt of complete and valid dossiers, the Land Use Right Registration Office or the Division of Natural Resources and Environment shall have to:
- Cadastral survey to separate land parcels;
- Prepare a dossier and submit it to a competent agency for granting a certificate of land use rights and ownership of houses and other land-attached assets to land users for the newly split or consolidated land parcel;
- Edit and update changes in cadastral records and land databases; handing over certificates of land use rights and ownership of houses and other land-attached assets to the grantees or sending them to the commune-level People's Committees for exchange with the case of filing at the commune level.
- Step 5: Return the result
- The results must be returned to the land user within no more than 03 working days from the date of the settlement result.
➤ More articles:
➤ Some cases of granting land use right certificate for the first time.
➤ Special notes when applying for certificate of “land right” ownership.
➤ Cancellation of deposit contract for land use right transfer without compensation.
➤ Common causes of land disputes
- Here is the advice of Thinh Tri Law on the procedure for residential land split. We hope this information find you well. If you still have questions about other issues related to the civil and commercial fields in accordance with the latest laws, please contact us:
THINH TRI LAW FIRM
Hotline: 1800 6365
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