Illegal construction

According to the relevant laws of our country, farmers' only residential buildings cannot be demolished. If the only place for farmers to stay has been demolished, it is not allowed by law. Speaking of the three types of illegal construction in rural areas, what are the issues that should not be demolished? You will know when the editor of Yingting Law Firm reads below.

What are the three types of illegal buildings in rural areas that should not be demolished?
1. Small-scale illegal construction that does not affect other people’s lives
2. Building houses on collective land occupied without approval must be approved by half of the villagers
3. The only residence for farmers. In rural areas, except for the above three types of illegally built houses that do not need to be demolished, the rest of the illegally built houses will be ordered to be demolished by relevant departments.

Rural friends should note that illegal construction in rural areas does not require fines:
The total area does not exceed the stipulated one-family multi-household. According to China's land law, rural homesteads must be per household. In the case of rural multi-households, excess homesteads should be recycled collectively. However, there are exceptions. If farmers have more than one homestead, but the total area of these homesteads still does not meet the local homestead standards, then this situation is also legal, so the houses on the homestead do not need to be demolished, and farmers can continue to live.

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.

The only house for rural residents If the illegally built rural house is the only house for farmers, and there are no other homesteads or houses, then even if the house is illegally built, it cannot be directly demolished because fundamentally speaking, the state is to protect the basic interests of farmers and will not leave farmers with no place to live because of policies. Even if the illegal construction is particularly serious, it only requires farmers to make small-scale adjustments and does not require complete demolition.

Illegal buildings left over from history. Due to historical and other reasons, there are still many families and homestead areas in rural areas that exceed the standard. According to the current housing construction standards, they do not meet the principle of one house per household and homestead area standards. However, during the initial housing construction period, rural areas did not have many requirements and standards for housing construction.

At that time, housing construction was legal. In this case, rural housing could not be demolished. Legal basis: Article 62 of the Land Management Law of the People's Republic of China: One rural villager household can only own one homestead, and the area of its homesite must not exceed the standards stipulated by the province, autonomous region, or municipality directly under the Central Government. Articles 7 and 9 of the Homestead Law stipulate that when rural villagers build residential buildings (including new construction, expansion, relocation, and demolition), they must go through land use approval procedures in accordance with the law.

Those involving the occupation of agricultural land should go through the approval procedures for agricultural land conversion in accordance with the law. If it involves transportation, forest land, water conservancy and other land, they should also obtain permission or consent from the relevant departments. Rural villagers can only have one homestead per household. The homestead area standard (including accessory buildings and courtyard land), the maximum use of cultivated land should not exceed 125 square meters; the maximum use of other land should not exceed 140 square meters; the maximum use of wasteland and slopes in mountainous areas should not exceed 160 square meters.

Therefore, those who illegally expand the homestead and exceed the prescribed area and do not meet the requirement of one house per household shall be punished with rectification or demolition. Article 9 of the "Guiding Opinions on Regulating the Discretionary Power of Administrative Penalties in Urban and Rural Planning" stipulates that under three circumstances where the demolition of illegal construction may affect the safety of adjacent buildings, damage the legitimate rights and interests of innocent stakeholders, or cause significant damage to public interests, illegal buildings may not be demolished. If you want to know more about this, you can consult lawyer Ying Ting for one-on-one online consultation.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.