In 2025, will transferring ownership of a land title require a new land survey?
I plan to transfer ownership of the entire plot of land to a friend. I would like to know if a new land survey is required during the land title transfer process? This is a question from Ms. Hoang Hien (Dien Chau commune, Nghe An province).
Reply:When transferring ownership of a land title certificate (the legal name for a land title certificate is the Certificate of Land Use Rights and Ownership of Assets Attached to Land), land re-measurement is not always mandatory. According to Clause 3, Article 37 of Decree 101/2024/ND-CP, re-measurement is required in the following cases:
(1) In the case of transferring the land title for a plot of land that already has a land title, the Land Registration Office will not require re-measurement, unless the land user or owner of the property attached to the land requests it.
(2) In cases where the land title is transferred but the issued land title has not used a cadastral map or cadastral map extract of the land plot, and the land user needs to have a new land title issued or is in a case where a new land title must be issued, the Land Registration Office must carry out the surveying and re-determining of the land plot area.
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Land users are recognized based on the results of cadastral map extracts or cadastral map surveys and must pay the surveying costs as prescribed; in cases where re-surveying shows that the land area is larger than the area stated in the issued land title certificate, and the land boundaries remain unchanged compared to the boundaries at the time of issuance of the land title certificate, the land user must fulfill financial obligations regarding land use fees for the additional residential land area exceeding the residential land limit, and land rent for the additional area as prescribed by law at the time of issuance of the previous land title certificate.
(3) In case the land area decreases due to natural disasters such as landslides, the Land Registration Office is responsible for measuring and re-determining the land area using State funds.
Therefore, if only the entire plot of land with a land title certificate is being transferred and there are no changes to the area, boundaries, or intended use of the land, then a new land survey may not be necessary.
