Can BHK Land Be Converted To Residential Land?

What is BHK land? This is a matter of concern to many land users, but not everyone knows the legal provisions related to this type of land. The following article will clarify this content “Can BHK Land Be Converted To Residential Land?”

1. What is BHK land? Purpose of land use BHK

In Article 10 of the 2013 Land Law, land types are classified based on land use purposes, including 03 large groups:

– Agricultural land;

– Non-agricultural land;

– Group of unused land.

In which, the group of agricultural production land belonging to agricultural land includes (based on Circular 25/2014/TT-BTNMT):

– Land specialized in wet rice cultivation (LUC);

– The remaining land for wet rice cultivation (LUK);

– Land for upland rice cultivation (LUN);

– Grassland used for livestock (COC);

– Flat land for planting other annual crops (BHK);

– Upland land for planting other annual crops (NHK)…

Thus, it can be seen that BHK is a symbol of land with other annual crops, this is a type of annual crop land belonging to the agricultural land group.

However, the same type of annual cropland, but the land law distinguishes land with other annual crops (BHK) from swidden land with other annual crops (NHK) in terms of topography and location of the land. parcel of land.

Specifically, other annual crops can be understood as the type of land in the delta area used for the purpose of growing annual crops (crops that have time to grow, develop and harvest in the same year). such as: legume, tomato, corn, potato, vegetables (cabbage, kohlrabi, cruciferous vegetables, water spinach, loofah…).

Land with other annual crops is also the type of land that is granted a certificate of land use rights, ownership of houses and other land-attached assets as prescribed in Article 98 of the 2013 Land Law. Accordingly, the user Land users must have the obligation to use land for the right purposes recognized by the State and according to the provisions of law.

2. Land allocation quota and land use term BHK

Article 192 of the 2013 Land Law stipulates the annual quota of land allocation for planting crops for households and individuals directly engaged in agricultural production as follows:

– A maximum of 03 hectares for each type of land for provinces and centrally run cities in the Southeast region and the Mekong Delta region;

– Maximum 02 hectares for each type of land for other provinces and centrally-run cities.

In case households and individuals are allocated many types of land, including land for growing annual crops, land for aquaculture, and land for salt production, the total land allocation quota must not exceed 5 hectares.

According to the provisions of Article 125 and Article 126 of the Land Law 2013, the land use term of BHK includes 2 types:

– Land for stable and long-term use (no time limit);

– Land has an expiration date.

In addition, the Law also clearly stipulates the land use term in case of change of use purpose and transfer of land use rights:

– In case the land is leased from the agricultural land fund and used for local public purposes, the maximum term of use is 5 years.

– Individuals or households directly engaged in agricultural production using land allocated or recognized by the State with the use right has a term of 50 years. After 50 years, if there is a need to continue using it, it will be considered for an extension of 50 years.

– Individuals and households that lease agricultural land have a maximum land lease term of 50 years. If the land lease term expires, but still needs to use it, the State will consider continuing to lease it.

– Organizations that are assigned or leased land for use for agricultural production purposes may consider and decide on the basis of an investment project or an application for land allocation that is not older than 70 years.

3. Expiry date, how to extend BHK land?

In the above, it has been clearly explained  what is BHK land, accordingly, BHK land belongs to the group of agricultural land, therefore, based on Clause 1, Article 126 of the 2013 Land Law, individuals and households directly engage in agricultural production on this type of land. This land has the right to renew to continue using the land for a term of 50 years.

Pursuant to Clause 3, Article 74 of Decree 43/2014/ND-CP, the application for extension of BHK land includes:

– An application for registration of changes in land and properties attached to land;

– The original Certificate of land use rights and ownership of houses and other land-attached assets.

The dossier shall be submitted to the People’s Committee of the commune where the land is located. After that, the commune-level People’s Committee shall check the dossier and confirm that the household or individual is directly using the land for agricultural production without a decision on land recovery from a competent state agency and transfer the dossier to the Land Registration Office;

– The land registration office checks the dossiers, confirms the time limit for continued land use, corrects and updates the cadastral records, the land database and issues the Certificate to the land user. or send it to the commune-level People’s Committee for handover in case the dossier is submitted at the commune level.

4. Can BHK land be converted to residential land?

In addition to understanding  what is BHK land,  the issue of converting BHK land to residential land is also of particular concern to land users.

Accordingly, in order to be allowed to change the land use purpose from BHK land to residential land, the land plot and land user must satisfy the provisions of Article 52 of the 2013 Land Law as follows:

“Article 52. Grounds for land allocation, land lease, permission to change land use purpose

1. The district-level annual land use plan approved by a competent state agency.

2. The demand for land use is reflected in the investment project, the application for land allocation, land lease or change of land use purpose.”

Thus, according to this regulation, a land user who wants to change the use purpose from agricultural land for annual crops to residential land must satisfy both of the following conditions simultaneously:

– The demand for change of land use purpose stated in the application must be consistent with the annual land use plan of the district where the land is located, already approved by a competent authority.

– The land user must have an application/application for change of land use purpose, which must fill in all information in the items included in the application such as area, location of the land plot that needs to be changed purpose…;

Above is the answer to  What is BHK land? If you still have problems related to land, please contact us through the information below for answers.