Can houses be built on land outside the boundary?

Clause 6, Article 3 of the 2014 Construction Law and Circular 01/2021/TT-BXD stipulates: " Construction boundary is the boundary line allowing construction of the main structure on the land plot ".

From the above definition of construction boundaries, it can be understood that land outside the construction boundaries is the land area outside the boundary line allowing the construction of the main structure on the land plot.

In addition, QCVN 01:2021/BXD National Technical Regulation on Construction Planning issued by the Ministry of Construction with Circular 01/2021/TT-BXD also states in Section 1.4.23 that the main construction boundary is the boundary line allowing the construction of the main structure on the land plot.

Thus, from the above definitions of construction boundaries, it can be understood that land outside the construction boundaries is the land area outside the boundary line allowing the construction of the main structure on the land plot.

People are not allowed to build houses or structures outside the construction boundaries.

Section 2.6.7 QCVN 01:2021/BXD National technical regulation on Construction planning issued by the Ministry of Construction with Circular 01/2021/TT-BXD stipulates architectural details of works adjacent to roads including the following 2 cases:

Case 1: Land with construction boundary coincides with land with red line boundary. When constructing, the following principles must be ensured:

- Do not obstruct traffic activities on the roadway.

- Ensure safety and convenience for walking activities on the sidewalk.

- does not affect the green tree system, above-ground and underground technical infrastructure on the street.

- Ensure uniformity of landscape on the street or each street section.

- Ensure compliance with fire prevention and fighting regulations and fire fighting equipment operations.

Case 2: Land within the construction boundary at the setback (land within the setback is the space between the red line and the construction boundary) forces the builder to:

- Ensure that no part or architectural detail of the project exceeds the red line.

- Ensure uniformity of landscape on the street or each street section.

- Ensure compliance with fire prevention and fighting regulations and operation of fire fighting equipment.

In addition, according to Clause 4, Article 12 of the 2014 Construction Law, violating construction boundaries is also one of the prohibited acts in construction.

Thus, although there are regulations on land for construction at the land setback outside the construction boundary, people are still not allowed to build houses or works outside the construction boundary.

BAO HUNG

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