Enterprise demolition

Obviously, in order to ensure that the red line of cultivated land does not fall, the state prohibits construction on cultivated land by law. However, in the past, due to lax management in rural areas, many houses were built on cultivated land. As a result, when laws and regulations were implemented, houses on cultivated land were demolished or even forcibly demolished. So, is it illegal to build a house on cultivated land?
Relevant national laws stipulate that illegal occupation of cultivated land to build houses is: illegal occupation of cultivated land to build houses shall be demolished in accordance with the law, and the builder shall also bear the corresponding legal consequences for his illegal behavior.
In other words, if your house is built on cultivated land and has not been converted into construction land, then your house will not only have to be demolished, but also bear corresponding legal responsibilities. The state will not adopt a one-size-fits-all approach, so if your house illegally occupies cultivated land, it will be exempted from demolition as long as it meets one of the following three conditions, provided that the land is not basic farmland:
1. Taxpayers. Individuals who occupy cultivated land to build buildings or structures or engage in non-agricultural construction within the territory of China are taxpayers of cultivated land occupation tax and shall pay cultivated land occupation tax in accordance with the provisions of this Law.
2. In accordance with relevant national laws and regulations, land use procedures will be handled in a timely manner, and land ownership will be confirmed after approval, so no demolition will occur. For specific information, please consult the local government.
3. Can meet the "one household, one house" system
A reminder: Whether in rural or urban areas, if you want to build a house, you must first obtain relevant permit documents to avoid being demolished because it is deemed an illegal building during the construction process or after completion. If it has been built and encounters forced demolition, seek help from a lawyer in time, and use their professional knowledge to help us protect our property.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more information in this regard, you can consult a lawyer on this siteLawyers’ areas of expertise: legal services on rights protection for various types of houses and breeding farms and other buildings and structures that are deemed to be illegal construction (illegal construction), expropriation and demolition of companies, enterprises, factories, and breeding farms, expropriation and compensation of houses on state-owned land, rural land expropriation and housing resettlement compensation, administrative agreements, etc. The scope of agency covers Beijing, Shanghai, Tianjin, Yunnan, Guizhou, Sichuan, Chongqing, Xinjiang, Qinghai, Gansu, Jilin, Liaoning, Shandong, Hebei, Henan, Hubei, Hunan, Shaanxi, Anhui, Jiangsu, Zhejiang, Jiangxi, Guangdong, Fujian, Hainan and other regions.