Illegal construction

Houses can be built on cultivated land. This situation mostly occurs in rural areas. Basically every household has a certain area of cultivated land. Therefore, many people want to build new houses on cultivated land because of the poor location of the homestead or the small area of the homestead or other reasons. This leads to doubts. Will houses on cultivated land be demolished?
So Yingting Law Firm is here to answer this question today.

It is illegal to build houses on farmland. If rural villagers illegally occupy land to build houses without approval or use deceptive means, the land administration department of the people's government at or above the county level shall order the illegally occupied farmland to be returned and demolish the newly built houses on illegally occupied land within a time limit. According to regulations, illegal buildings must be forcibly demolished. In reality, no one reports it, so this situation is generally fine.

However, not being punished does not mean that this behavior is legal. If a major dispute occurs, illegal buildings may be demolished at any time. So in order to avoid this situation, what approval procedures need to be completed before privately building a house? When building a house in rural areas, farmers who meet the conditions for land use must first submit an application to the local village committee. After discussion and approval by the village committee, the house building location will be confirmed, and the current housing, population, and building location of the building household will be posted.

Beijing Yingtong Law Firm specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative reconsideration, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases.

After village cadres review and sign their opinions, they are submitted to the local Land and Resources Office for preliminary review. After review by the town and sub-districts, all information must be submitted to the Municipal Land Bureau, Municipal Planning Bureau and other responsible units. The next step in planning approval is to obtain the "Construction Project Planning Permit" or "Rural Construction Planning Permit". First, you must prepare a copy of your personal ID card (original to be verified), a copy of the state-owned land transfer contract (original to be verified), the original paper general plan, building plan of each unit and outdoor pipeline general plan, a copy of the planning floor plan (original to be verified), and a copy of the surveying and mapping results of the building area (original to be verified), Administrative penalty decision and copy of invoice (original attached), original approval form issued by the township, original location record, rural private housing.

Take the required information to the township where you are applying, and the planner will conduct a preliminary review and publicize it for approval. Next, the planner will conduct on-site measurement and positioning, which will be reviewed by the town and village. After the Municipal Planning Bureau obtains the "Construction Project Planning Permit" or the "Rural Construction Planning Permit", the house can be built. If you use urban state-owned land to build a house, that is, if the land is obtained through bidding, auction, and listing, you must first sign a land transfer contract with the Municipal Land and Resources Bureau and pay the land transfer fee.

After the land use is approved, the planning approval can be carried out. The owner submits the land transfer contract and other materials to the Municipal Planning Bureau. After the Municipal Planning Bureau reviews, the owner can apply for the "Construction Project Planning Permit" and then start building a house. Therefore, from the above content, it is not difficult to see that houses on farmland may be demolished because they are illegal buildings and do not require any compensation after demolition.

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 separate compensation for farmers' land acquisition and demolition | compensation for farmers' house demolition | farmers' request for a demolition lawyer, you can consult a lawyer at Beijing Yingting Law Firm for one-on-one online consultation.