Legal information

Introduction to the article: If a breeding farm was built on contracted land and was forcibly demolished without a planning permit, does it mean it must be an illegal construction?

Part One: Case Story

1. Tang is a pig farmer in Langfang, Hebei Province. In 2009, he signed a pig breeding community contract with the village committee. The two parties agreed that Tang would contract 4 acres of deserted beach collectively owned by the village for a period of 15 years. Later Tang invested and built a pig breeding farm on this 4-acre deserted beach.

2. On March 1, 2019, Tang suddenly received the "Urban and Rural Planning Administrative Penalty Decision" issued by the Municipal Natural Resources Bureau. On the grounds that the pig farm had not obtained a construction project planning permit, it was determined that the pig farm was illegally built and Tang was required to demolish it within a time limit. So, in the circumstances of this case, is the party’s unlicensed breeding farm really illegally built?

Part Two: Case Analysis

1. Land contract use rights should be obtained in accordance with the law. Different from the general land contracting method, the "four wasteland" such as barren hills, barren hills, barren ditches and barren beaches are not suitable for contracting through household contracting, but can be contracted through bidding, auction, public consultation and other methods. The contract-issuing party shall sign a written contract with the contractor. The contract shall take effect from the date of establishment. The contractor obtains the land contract management right when the contract comes into effect.

2. According to the provisions of Article 37 of the Animal Husbandry Law, the land used by rural collective economic organizations, farmers, and animal husbandry cooperative economic organizations in accordance with the overall land use plan of the township (town) is managed as agricultural land. Where permanent buildings (structures) need to be built within the land area of ​​livestock and poultry farms or breeding communities, and if the conversion of agricultural land is involved, the matter shall be handled in accordance with the provisions of the Land Management Law. The Yingting demolition team learned that units or individuals cannot build breeding farms on basic farmland. In addition, units or individuals can directly build livestock and poultry farms within the scope of the overall township (town) land use plan, and do not need to apply for a construction project construction permit. However, permanent buildings (structures) need to be built within the land area of ​​livestock and poultry farms and breeding communities, and relevant approval procedures need to be completed in accordance with legal provisions.

3. When contracting the "four wastelands" such as barren hills, barren hills, barren ditches and barren shoals, the relevant laws and regulations must be followed to prevent soil erosion and protect the ecological environment. When contracting and operating land, units or individuals shall protect the rational development and sustainable use of land resources in accordance with the law. They shall not abuse the land, destroy the soil, destroy the comprehensive agricultural production capacity and the agricultural ecological environment, and shall not use the contracted land for non-agricultural construction without approval in accordance with the law.

4. Administrative agencies and their staff should inquire, investigate, survey, and discuss based on actual conditions to decide whether there are legal circumstances that require demolition. Before issuing administrative penalties, administrative agencies should question the parties, conduct on-site investigations, surveys, and conduct hearing procedures to fully listen to their opinions, and then review the investigation results and make separate decisions based on different situations. Without these preliminary procedures, administrative agencies are likely to make fact-finding errors, leading to erroneous administrative decisions.

5. With the approval of the Municipal People's Government, Tang and the village committee signed a contract for a pig breeding community in 2009. The contents of the contract did not violate the relevant provisions of the Land Management Law and the Rural Land Contract Law. Tang also strictly performed the relevant obligations to protect and rationally utilize the land in accordance with the law. He enjoyed the land contract management rights and the right to use the land in accordance with the law. The pig farm it built on the deserted beach was a non-permanent building and caused no permanent damage to the land. More importantly, Ying Ting found that the land that Tang legally used was a wasteland. The policy of managing and developing the "four wastelands" was based on who manages, protects and benefits. The administrators have autonomy in the management and development of the "four wastelands". The state protects the results of the management and development of the "four wastelands" and the legitimate rights and interests of those who manage them in accordance with the law (State Development Office (1996) No. 23). Therefore, Tang legally enjoys the land contract use rights and autonomy in management and development. It is legal and reasonable for him to use the wasteland for pig breeding, and his legitimate rights and interests should be protected.

The Yingting demolition team believes:

A farm without a construction project planning permit is not necessarily illegally built. What's more, whether illegal construction should be demolished requires consideration of many factors and a series of legal procedures for demolition. It cannot be directly determined to be illegal and demolished. When encountering similar situations, the parties concerned must promptly file a review or lawsuit against the administrative decision received and resolutely defend their legitimate rights and interests through legal channels.