What is Residential Land?

Homestead land is a traditional term referring to residential land. According to the Land Law 2013, homestead land falls under the category of non-agricultural land, which includes homestead land in rural areas and homestead land in urban areas. This type of land is used for building houses and other structures serving residential purposes; garden ponds attached to the house within the same parcel in residential areas (including separate garden ponds attached to individual houses) are also recognized as homestead land.

The State prescribes the limits for allocating homestead land and the limits for recognizing the right to use homestead land.

For the State to recognize land as homestead land, the land user must carry out procedures to change the land use purpose from agricultural land to non-agricultural land (homestead land).

According to Article 57 of the Land Law 2013, the following cases of land use conversion require permission from the competent state agency:

- Converting agricultural land to non-agricultural land;- Converting non-agricultural land allocated by the State without land levy to non-agricultural land allocated by the State with land levy or leased land;- Converting non-agricultural land that is not homestead land to homestead land.

When converting land use purposes, the land user must fulfill financial obligations as prescribed by law; land use policies, rights, and obligations of the land user shall be applied according to the type of land after the conversion of purpose.

See more regulations on the recovery and compensation of homestead land in the Land Law 2013 and related guiding documents.

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