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No. The land-use attribute of cultivated land is production land, not residential land, so it cannot be used to build houses. Building a house on cultivated land is a violation of the Land Management Law. If you do not heed the advice and forcibly build a house on the farmland, you will be forced to demolish and fine.
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If you want to build a house on farmland in rural areas, you need to go through the audit and verification of the Land Bureau, and only after approval can you get a homestead permit, and only when you get a homestead permit can you build a house.
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Farmland in rural areas is not allowed to be used to build houses, which violates China's land management law, and if you need to build a house in the countryside, you should apply for a homestead and a certificate of land use rights, as well as a certificate of urban construction permit.
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Arable land is arable land, not a homestead, and cannot be used to build a house. If you don't have a place to live, you can build a house on a homestead, but I've heard that many places don't have homesteads anymore.
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The Rural Construction Unit submits the application for construction to the village council and completes the application and review form. The person who has no opinion on the villagers' committee shall sign it, affix it with the official seal, and submit it to the township ** for preliminary examination. After the preliminary examination of the township ** issued an announcement, if there is no objection during the publicity period, it will be submitted to the current ** organ for review and approval.
The approval of the issuance of construction permits, before the construction of the house to the township **, the inspection can start to start the construction of the house.
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Something you can't dream of!
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1. Cultivated land can be used to build houses, but the following conditions need to be met.
First, the household applying for housing construction must be a houseless household or a household lacking housing among the members of the village's collective economic organization, meet the conditions for building a house, and a household can only own one homestead, and there is no selling, renting, or donating homestead;
Second, the occupation of cultivated land must conform to the territorial spatial planning, village planning and rural settlement layout, and priority should be given to the use of idle land and idle homesteads in the village, and permanent basic farmland, grain functional areas and high-standard farmland shall not be occupied;
Third, the occupation of cultivated land must be submitted for approval in accordance with the provisions of the approval procedures for the conversion of agricultural land, and the legal obligation to balance the occupation and compensation of cultivated land must be fulfilled. The authority for examination and approval of the conversion of rural villagers' homestead agricultural land shall be delegated by the original provincial-level people's ** to the county-level people** for approval.
Second, why rural people can build houses everywhere should be viewed according to the situation
1) In the past, there was a general lack of approval and supervision for individual construction of houses by rural villagers, and most villagers thought that this is my land, and I will build a house if I want to, who can control it; Many rural villagers' houses are under construction without approval or after completion, and it is difficult to enforce punishments, resulting in a large number of illegal houses;
(2) When the local government allocates new construction land in the annual plan, it is often a key construction project to ensure the locality, and little consideration is given to rural homesteads, which is far from meeting the reasonable housing needs of rural villagers. In many places, due to planning and other factors, homestead land has not been approved for more than ten years, and rural villagers can only build it in violation of the law;
3) After the promulgation of the new "Land Management Law" and the "Regulations for the Implementation of the Land Management Law", the state has paid more attention to the protection of cultivated land and food security, and has taken effective measures against rural villagers illegally occupying cultivated land to build houses. In July 2020, the national television conference on the rectification of the problem of indiscriminate occupation of cultivated land and building houses clarified the "eight prohibitions":
First, it is forbidden to occupy permanent basic farmland to build houses;
Second, it is forbidden to forcibly occupy more farmland to build houses;
Third, it is forbidden to buy, sell, or transfer cultivated land to build houses;
Fourth, it is forbidden to illegally build houses on contracted farmland;
Fifth, it is forbidden to illegally occupy farmland and build houses under false pretenses;
Sixth, it is forbidden to occupy farmland to build houses in violation of the "one household, one house" provision;
Seventh, it is not allowed to illegally occupy farmland to build houses;
Eighth, it is not allowed to illegally approve the occupation of cultivated land to build houses;
4) From July 3, 2020, all rural housing construction must be "approved first and then constructed", and if "construction before approval" causes indiscriminate occupation of cultivated land, it will be regarded as "new occupation of cultivated land to build houses" and will be demolished. For villagers who have caused the indiscriminate occupation of farmland and building houses, they should fully cooperate with the implementation of rectification, and if they refuse to make corrections, the relevant law enforcement departments shall take compulsory measures to carry out rectification. If villagers obstruct official law enforcement by means of violence, threats, or other means, the public security organs will severely punish them in accordance with the law.
where a crime is constituted, the criminal responsibility of the relevant responsible persons is pursued in accordance with law.
To sum up, if rural villagers want to build houses, regardless of whether they occupy cultivated land or not, they must be examined and approved in accordance with the regulations and in accordance with the law. Building houses without approval may cause great losses, especially if a house is built without approval on cultivated land, which will have to be demolished and recultivated.
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No, the soil of the cultivated land is relatively soft, which is not suitable for building a house, which is very dangerous, so it is not recommended to build a house on such land.
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No, because China's law has clear provisions that it is not allowed to build a house on cultivated land, and the cultivated land will be protected, and the cultivated land is generally relatively soft and not suitable for building a house.
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Houses cannot be built on cultivated land, because according to the laws of the country, residents do not have the right to build their own houses on cultivated land.
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You can't build a house, because farming is not allowed by law. Strictly prohibited.
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You can't build a house, because this land is used for farming, and it is not allowed by law, and it is strictly forbidden in our country.
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No, the soil of the cultivated land is strong and strong, which is not suitable for building a house, and it is very dangerous to build a house on the land that is permitted.
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Summary. Hello, rural housing construction also needs to apply for a real estate certificate, and the procedures are carried out one by one in the following order:
1.The housing builder shall submit an application and fill in the "Application and Review Form for Rural Individual Housing Construction";
2.The villagers' committee shall sign the opinion and affix the official seal;
3.The town ** conducts the preliminary examination and is responsible for the land transfer work;
4.The town ** village regularly publishes the preliminary review opinions at designated points;
5.Report to the county-level authorities for joint examination and approval;
6.The county land and resources bureau collects the housing guarantee fee and issues the "Rural Individual Housing Construction Project Permit";
7.Before the start of construction, the builders shall report to the town, and the town shall conduct on-site inspection, knock piles for positioning, and implement the whole process of construction management;
8.After the completion of the house, the house builder should apply to the town for completion acceptance;
9.The town **, together with the relevant departments of the county, will send people to inspect the site, issue the certificate of completion and acceptance of the building according to the regulations, and return the deposit for the construction of the same place;
10.The builder shall apply to the land registration department for the registration of real estate rights with the acceptance certificate.
11.The house builder receives the house ownership certificate.
What procedures do farmers need to go through to build houses on cultivated land?
Hello, it is also necessary to apply for a real estate certificate to build a house in rural areas, and the procedures for handling it are carried out one by one in the following order: 1The housing builder shall submit an application and fill in the "Application and Review Form for Rural Individual Housing Construction"; 2.
The villagers' committee shall sign the opinion and affix the official seal; 3.The town ** conducts the preliminary examination and is responsible for the land transfer work; 4.The town ** village regularly publishes the preliminary review opinions at designated points; 5.
Report to the county-level authorities for joint examination and approval; 6.The county land and resources bureau collects the housing guarantee fee and issues the "Rural Individual Housing Construction Project Permit"; 7.Before the start of construction, the builders shall report to the town, and the town shall conduct on-site inspection, knock piles for positioning, and implement the whole process of construction management; 8.
After the completion of the house, the house builder should apply to the town for completion acceptance; 9.The town **, together with the relevant departments of the county, will send people to inspect the site, issue the certificate of completion and acceptance of the building according to the regulations, and return the deposit for the construction of the same place; 10.The builder shall apply to the land registration department for the registration of real estate rights with the acceptance certificate.
11.The house builder receives the house ownership certificate.
May I ask if my original self-reserved land was rented by someone else, can she build a house on the cultivated land?
No, you can't change the nature of cultivated land use at will, but the specific decision is determined by **, ** if you say that you are an illegal building, it must be demolished.
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Let's first understand what is the confirmation of rights. Land right confirmation refers to the confirmation and clarification of land use rights, land ownership rights and the right to dispose of project certificates, commonly known as right confirmation. To put it simply, establish the ownership relationship of the land, issue a certificate after clarification, and confirm that the right to use is still owned by the whole people, and you have the right to use, operate and contract the land within the scope of the confirmation.
In the past, if there were any disputes over land, it was not easy to resolve, most of them were led by negotiation, and after the confirmation of rights, your land could be protected by clear laws, and after all, it had already been dealt with.
Then it should be emphasized that the affirmation of rights does not always change the nature of the land. In other words, it was originally cultivated land, and it is still cultivated land after the right is confirmed, and if the cultivated land was not allowed to build a house before, then it is not allowed after the right is confirmed. Article 4 of the "Land Management Regulations" clearly stipulates that:
The State implements rules and regulations for land use control, requiring that the main use of land be divided into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, manipulate the total output of construction land, and implement unique maintenance of cultivated land.
At the same time, the construction of houses in rural areas is carried out first after examination and approval, otherwise the basic construction of houses is illegal and may face the risk of being demolished. When building a house, farmers need to submit an application report on the land used to build a house to the local land office. If your cultivated land refers to the basic farmland, then it will definitely not be used to build houses, and the Land Institute will not give you the approval documents for building commercial land for building houses.
But in the specific implementation process, some places are more strict, some places are loose, I found that we are no longer a few people who build houses on cultivated land, but these farmers who have not obtained compliance management and building procedures are gambling money, if they really want to be demolished, then it will be a big loss, and it is not easy for farmers to build a house, so we still strictly implement the local housing policy to apply for housing land! If there is no reason, without going through the review in accordance with regulations, the capital construction on the cultivated land without permission, in accordance with the provisions of the land law, the land department at or above the county level shall order the land to be dismantled independently and restore the original state of the land. If the land is not allowed to be cultivated, and the circumstances are serious, criminal punishment will also be punished.
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Farmers are not allowed to build houses on their own farmland. Because arable land can only be cultivated, it is illegal to build a house on cultivated land.
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No, this is against the relevant regulations, and you need to apply for a homestead so that you can build a house.
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No, you must be approved by the land management office, there must be approval procedures, and you must also go through the consent of the first person.
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It is not easy, there are many applications to build a house in the countryside, first of all, you must meet the standard of one house per household, and then carry the supporting materials for the homestead application, and only after the application is passed can you buy land and build a house.
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Now, if you want to build a house in the countryside, you must apply for it according to your own building plan and report to the Ministry of Housing and Urban-Rural Development. After approval, the house can be built.
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For a long time, the homestead security system of "one household and one house" has played an important role in the peace and contentment of the peasant masses and the harmony and stability of rural society. In recent years, although it has been said that the number of peasants going to the cities to buy houses and settle down has been increasing, applying for homestead land or building new houses on their original homestead land is still the main way for most peasants to improve their housing needs, and the homestead issue is still a major issue for peasant families.
Legal basis: Article 44 of the Land Management Law of the People's Republic of China stipulates that if the construction occupies land and involves the conversion of agricultural land into construction land, the approval procedures for the conversion of agricultural land shall be handled. Cultivated land is a type of agricultural land, and if cultivated land is occupied to build a house, the approval procedures for the conversion of agricultural land shall be handled.
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Where individual villagers apply for residential construction, they shall submit an application to the village committee with the following materials: The village committee shall, in accordance with the requirements of the village's detailed construction plan and renovation plan, fully communicate with the house builders, reasonably arrange the construction of the house and homestead, and within 7 working days from the date of receipt of the application, or every month to concentrate the application materials, convene a meeting of the villagers' committee or villagers' representatives in accordance with the law, deliberate on the application materials and the villagers' arrangements for building houses and homesteads, and publish them on the village to solicit the opinions of the villagers; Within 15 working days from the date of publication of the list, if the villagers of the village do not raise an objection or the objection is not established, they shall sign an opinion in the "Application Form for Villagers' Residential Construction and Land Use" to prove the applicant's original residence and the current residence of family members and confirm the homestead situation, and report to the people of the township **.
Villagers' applications for building houses shall meet one of the following conditions:
1.It is necessary to build or expand a new dwelling because there is no dwelling or the area of the existing residential homestead is significantly lower than the statutory standard.
2.Where siblings or children in the same household have reached the legal age of marriage and are required to be separated.
3.Demolition and resettlement are necessary for national or collective construction, implementation of township and village planning, and construction of public facilities and public welfare undertakings.
4.It is necessary to be resettled due to the occurrence or defense of natural disasters.
5.The original dwelling is a Class D dilapidated house and needs to be demolished and rebuilt.
6.Gathering in central villages, market towns, small towns, or rural residential quarters.
7.Other circumstances provided for by the people of the county (city, district).
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