Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Home page >> Business areas >> Enterprise demolition
Article author:Yingting Lawyers Group | Update time:2023-06-09 | Reading times:455
The so-called "greenhouses" refer to the illegal construction of "private estates" and other non-agricultural facilities by some local industrial and commercial enterprises and individuals in the name of building agricultural greenhouses. It is understood that "greenhouses" have had a great impact on the strict farmland protection system, and some of them have also violated the legitimate rights and interests of the people. In order to protect farmland, there has been a wave of demolition of greenhouses across the country, but some greenhouses cannot be demolished.
So, what kind of greenhouse cannot be demolished?
1. Greenhouses are made of plastic film, not steel frames. The current government support and subsidies for greenhouses are also greenhouse film facilities. As long as plastic film greenhouses are used on basic farmland, it is legal. Of course, steel frame structures cannot be used to build them. As long as these two points are met, there is no need to worry about the greenhouses being demolished.
2. The soil layer will not be destroyed and soil fertility will not be affected. After building a greenhouse, many farmers will carry out internal modifications and excavate the land, which will naturally cause damage to the land. Therefore, the internal land cannot be destroyed when building a greenhouse. Under normal circumstances, the greenhouse will also protect the soil fertility, so that it will naturally not be demolished.
The business areas of Yingting Lawyers Group include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.
3. The area of the wing does not exceed the standard and generally complies with local standards. Nowadays, greenhouses in many places have been demolished because the area of the wing rooms exceeds the corresponding standards. After all, each place has clear requirements for the use of wing rooms, such as building area, use, purpose, etc. Therefore, it is necessary to ensure that the wing rooms comply with local standards and cannot be used for non-agricultural purposes, so they will not be demolished.
4. The road surface cannot be hardened, which affects the cultivation of the land. Even if your greenhouse meets the requirements, as long as the road surface is hardened, the land will be destroyed. How can you grow vegetables? At the same time, there are also regulations on the paving of aisles, which cannot exceed 0.6m, otherwise they will be demolished.
5. No non-agricultural activities, no commercial and entertainment measures!
Many suburban villages use greenhouses to build various commercial and entertainment facilities, such as B&Bs, billiard rooms, restaurants, etc. Some people build warehouses. These are serious violations and should be demolished and fined. As long as you ensure that vegetables are grown in basic farmland, there is no need to worry about illegal demolition. When demolishing greenhouses, the actual situation should be considered and demolished in accordance with the law.
In the event of illegal demolition by relevant departments, the expropriated persons must promptly take up legal weapons to protect their own rights and interests. For relevant questions, consult the professional lawyers on this site.
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 about this, you can consult a lawyer on this site for one-on-one online consultation.