What is mixed land – Can mixed planning land be bought, sold or transferred?
In the past few years, hundreds of housing projects in the city of households are being suspended. According to webgiaidap.com known mostly due to lack of official building permits. The main reason is mixed land and residential land for new construction. Therefore, the local government has not yet legalized and licensed the construction.
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Although these cases are quite common, the regulations on mixed land have not been removed. This causes many disadvantages for people, because they do not understand what mixed soil is. From the above suspended works, many new relatives sent questions to webgiaidap.com. With the desire to be explained “what is mixed soil? Why not build a house on mixed land?
What is mixed soil?
In this article, experts in law as well as experienced in the profession will answer for you. Let’s find out What is Mixed Soil? ? How to plan mixed land?
What is Mixed Soil?
According to the regulations of the Ministry of Construction, mixed soil is The land fund is used for many different purposes. Including residential land combined with service business, or residential land combined with production…
Thus, planning land for new or mixed construction is the pre-orientation of residential areas. Or organize urban space, regional space, technical infrastructure works.
What is mixed land planning?
Land planning must ensure a harmonious combination of individual interests. Community interests, national interests. All for the common purpose of flexibly meeting the needs of socio-economic development. At the same time, determine the construction and development functions in each of those lands.
Why is it not allowed to build a house on mixed land?
In the past time, the situation of mixed planning land has not been resolved. Not being granted a construction permit has made hundreds of households in the city frustrated for a long time. For mixed-use land in which there is no residential function, housing construction permits are not allowed. In particular, it is not allowed to change the purpose to residential land and separate the plot.
The residential areas with mixed planning land have caused many problems in land and construction procedures for people. At that time, the construction work was still only counted as a temporary permit. Finished construction will not be able to process completion documents.
At the end of 2018, the Department of Construction of Ho Chi Minh City agreed to the proposal of the Department of Planning and Architecture. On the classification of criteria for granting construction permits to people in the planning area. There are 2 cases to base on granting construction permit as follows:
Areas occupying 50% of mixed land
The area occupies 50% of the mixed land area with the main functional structure being the type of apartment house. Combined with commercial and office services but without green parks or public works. The current status of the area with many houses and residential land affecting the legal rights of people will be granted an official construction permit.
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What is the concept of mixed soil?Areas occupying 30% of the mixed land area
The area occupies 30% of the mixed land area with the main functional structure being commercial – service – office buildings, in which there is no housing. Areas where only factories and industrial production facilities cause pollution need to be relocated. Without affecting the legitimate interests of the people, they will be granted a construction permit with a definite term. With the condition that people must have a certificate of land use right.
New construction residential land planning areas and other types of residential land. In which, there are areas such as: land for houses and gardens, land for infrastructure. High-rise residential land is granted a full construction permit.
Can mixed planning land be bought, sold or transferred?
There have been many people after buying land to know that the land has mixed land planning. Starting to worry about whether mixed land is transferable, tradeable or not?
Based on Clause 2, Article 49 of the 2013 Land Law, if the land is under the State’s planning but there is no annual land use plan at the district level or higher, the user is allowed to exercise the rights of the land user. use the land in accordance with the provisions of the Law. It is transferable, inherited..
Where there has been a notification of the district’s annual land use plan to the relevant authorities. Then the land user must make a request to change the land use purpose and recover the land according to the plan. Although they are still entitled to continue to enjoy the rights of land users, they are not allowed to build new houses, works, or plant for a long time on the land…
In addition, mixed planning land, if it has a valid land use right certificate, is still compensated when the land is recovered.
What to do when buying mixed planning land?
In fact, up to now, mixed land planning still causes many difficulties for people. Especially the construction has not been officially licensed but is only considered a temporary construction work. After the construction is completed, if there is a withdrawal, it will still not be completed.
And the land planning work has not yet had a satisfactory way to handle people in the areas of mixed planning. So if you are planning to buy land to build houses in the inner city, you should consider the planning of this land. See if there is any category to have a plan to buy and use it appropriately.
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With the information shared above, what is mixed soil? Hopefully can help you better understand the type of soil mix so that you can make the right decisions. Before investing in real estate in general and applying for a construction permit in particular. Good luck.