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Anonymous users2024-02-07Houses built on one's own land in rural areas are illegal structures and should be demolished.
Land Law of the People's Republic of China:
Article 36 Land must be used sparingly for non-agricultural construction, and where wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land must not be occupied.
It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine, and take soil on cultivated land without authorization.
It is forbidden to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.
74th in violation of the provisions of this Law, occupy cultivated land to build kilns, graves or build houses on cultivated land without authorization, digging sand, quarrying, mining, taking soil, etc., destroying planting conditions, or due to the development of land caused by desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or rectify within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.
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Anonymous users2024-02-06If the rural house does not have a property ownership certificate, it should be handled in a timely manner. Where an application is made for the initial registration of a villager's housing ownership, a certificate that the applicant is a member of the rural collective economic organization where the house is located shall also be submitted. If the rural homestead needs to apply for a real estate certificate after it is built, it is necessary to apply for a planning permit, and the premise of applying for a planning permit is mainly to have a land use certificate.
Without this certificate, you can't apply for a real estate certificate. If you don't want to apply for a real estate certificate, you can rebuild on the original homestead without any formalities. If you have a land certificate, you can get a planning permit in about half a month.
At present, in most places in China, there is no homestead housing registration and issuance system, and what farmers can obtain is generally the "Collective Land Construction Land Use Certificate". Therefore, the criterion for judging legal housing is whether to obtain the "Collective Land Construction Land Use Certificate". If the house itself is an illegal building according to the regulations, there is no legal basis for the relevant division through litigation.
Legal basis: Article 363 of the Civil Code of the People's Republic of China.
The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and relevant state regulations.
Article 359.
If the term of the right to use land for residential construction expires, it shall be automatically renewed. The payment or reduction of renewal fees shall be handled in accordance with the provisions of laws and administrative regulations.
The renewal of the right to use land for non-residential construction after the expiration of the term shall be handled in accordance with the provisions of law. If there is an agreement on the ownership of houses and other immovable property on the land, it shall be in accordance with the agreement; Where there is no agreement or the agreement is not clear, it is to be handled in accordance with the provisions of laws and administrative regulations.
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Anonymous users2024-02-05Legal analysis: Replacement of the real estate certificate is required. The certificate of ownership of the immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register.
Legal basis: Article 217 of the Civil Code of the People's Republic of China The certificate of ownership of immovable property is the proof that the right holder enjoys the right to the immovable property. The matters recorded in the certificate of ownership of immovable property shall be consistent with the immovable property register. In the event of inconsistencies in the records, the immovable property register shall prevail unless there is evidence to prove that there is an error in the immovable property register.
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