Legal issues Is it legal for farmers to build houses in their own courtyards for rental and breeding

For reference: "Building a house without formalities" is a violation of Article 41 of the "Urban and Rural Planning Law": -- The planning and management measures for the use of original homesteads for the construction of rural villagers' houses in township and village planning areas shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

The construction of township enterprises, rural public facilities and public welfare undertakings, as well as the construction of rural villagers' residences in township and village planning areas, shall not occupy agricultural land; If it is necessary to occupy agricultural land, it shall be in accordance with the relevant provisions of the Land Management Law of the People's Republic of China after going through the approval procedures for the conversion of agricultural land, and the competent departments of urban and rural planning of the city and county shall issue rural construction planning permits.

The construction unit or individual can only go through the approval procedures for land use after obtaining the rural construction planning permit.

If a residential house is built without approval, it is of course an illegal building. However, there are many illegal constructions on China's vast rural land, and it is still unrealistic to truly achieve the approval of construction in accordance with the law. These buildings will be dealt with according to the new rural construction plan.

As for the rental issue: it is possible to rent by agreement. Regarding the time limit, an article can be added to the lease contract: "The purpose of the contract cannot be achieved due to force majeure, including ** behavior, natural disasters, etc., the contract can be terminated to actually calculate the lease fee." ”

It also needs to be approved.

Is that piece of land your own? Or does it belong to the village?

Depending on what you are renting out for farming, the rules are different.

It is legal for one's own farmland to be collective land.

Popularization of legal knowledge:

1. According to Article 17 of the "Regulations on the Protection of Basic Farmland", which prohibits any unit or individual from building kilns, houses, graves, digging sand, quarrying, mining, taking soil, stacking solid wastes, or carrying out other activities that damage basic farmland in the basic farmland protection zone, and "prohibits any unit or individual from occupying basic farmland for the development of forestry and fruit industry and digging ponds for fish farming", it can be seen that basic farmland can only be used for the production of grain, cotton, oil, vegetables, and other planting industries, but not for aquaculture.

2. Article 37 of the Animal Husbandry Law stipulates: "The State shall support rural collective economic organizations, farmers and animal husbandry cooperative economic organizations in establishing livestock and poultry farms and farming communities, and developing large-scale and standardized breeding. Township (town) land use overall planning should be based on the actual local situation to arrange livestock and poultry breeding land.

The land for livestock and poultry farms and farming communities established by rural collective economic organizations, farmers, and animal husbandry cooperative economic organizations in accordance with the overall land use plan of townships (towns) shall be managed as agricultural land. If the term of land use rights for livestock and poultry farms and breeding communities expires and it is necessary to restore the original use, the land use rights holders of livestock and poultry farms and breeding communities shall be responsible for restoration. If it is necessary to build permanent buildings (structures) within the scope of livestock and poultry farms and breeding communities, involving the conversion of agricultural land, it shall be handled in accordance with the provisions of the Land Management Law of the People's Republic of China. ”

There are two main cases:

1. If it is basic farmland, it is not allowed, legal basis: Article 36 of the Land Management Law prohibits the occupation of basic farmland for planting trees and fruits, and raising fish.

2. If the agricultural land belongs to the land other than the basic farmland, it is allowed to engage in animal husbandry production, and the legal basis: Article 14 of the Land Management Law stipulates that the land owned by the village collective can be planted by the villagers to plant crops, trees, livestock and poultry breeding.

If it is land other than the basic dragon field (i.e., agricultural land), it is possible to build a breeding farm, not an illegal construction.

Legal basis: Paragraph 1 of Article 2 of the Notice on Further Supporting the Healthy Development of Facility Agriculture stipulates that facility agricultural land is managed according to agricultural land, and all kinds of facilities contained in it must also serve agricultural production, so there is no need to go through the approval procedures for agricultural conversion.

Illegal. Land in rural areas and on the outskirts of cities shall be owned by peasant collectives, except as provided by law for the State; Homesteads, self-cultivated land, and self-cultivated mountains belong to the peasant collectives, so the land is not individual.

The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

Rural farmers need to go through the procedures of application, examination and approval to build a house, and after obtaining the building permit, and the house built cannot exceed the regulations, and finally obtain the "homestead use certificate" to obtain the homestead use right of this land, so that you can build a house on your own farmland. It is legal to obtain the right to use a homestead and build a house on cultivated land, otherwise it is illegal.

It is illegal to build a house without obtaining a "homestead use certificate", which is also called illegal occupation of land to build a house.

Units and individuals using land must use land in strict accordance with the purposes determined in the overall land use plan.

It is illegal to build a house on one's own land.

In 1981, after the implementation of the land contract responsibility system in rural areas, the system of 30 years has not changed, and the land allocated by your family means that you can use it for 30 years without compensation, that is, you only have the right to use, but it still belongs to the state! If you do not get the approval of the Land Resources Management Bureau or the relevant land resources management department in your area when you build the house, then your building is illegal in the legal sense and must be demolished.

Illegal. 1.According to the Land Management Law:

Article 62: Rural villagers may only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, or municipalities directly under the Central Government.

Article 63The right to use land owned by peasant collectives shall not be assigned, transferred or leased for non-agricultural construction; However, enterprises that conform to the overall land use plan and have obtained construction land in accordance with the law, except for the transfer of land use rights due to bankruptcy, merger and other circumstances.

2.Conclusion:Farmers should use homesteads to build houses, and each household can only have one homestead. The construction of houses on farmland is for non-agricultural construction and is prohibited by law.

3.In addition:Farmers have the right to contract farmland, but they do not have ownership according to the laws of the country.

Therefore, strictly speaking, it cannot be freely disposed of in the same way as one's own private property. You say it's your own land, maybe in 10 or 8 years, you don't want to contract it yourself!

Under normal circumstances, it is illegal, before the house is successfully built, you have the right to bulldoze the house that you have not built, and if your house has been built, you have no right to forcibly demolish it! Hope it helps!

Without planning permission, it is an illegal construction.

It is illegal to build a house on a field.

If the land management office agrees, it is equivalent to changing to approve the homestead and there should be documents.

Demolition and relocation shall be subsidized according to the homestead. If there is no document, there is none.

The field is half depression and half good.

DU field legitimate.

The Ministry of Land and Resources has formulated the DAO's "National Land Division.

Classes and Classes on Raising.

The "Instructions on How to Deal with the Land Occupied by Breeding" stipulates that the land for breeding belongs to agricultural land, and the construction of breeding houses on it does not belong to the act of changing land use, and the occupation of cultivated land other than basic farmland for aquaculture is no longer subject to examination and approval according to construction land or temporary land. The autonomy of the land contractor in production and operation shall be fully respected, and the land contractor may independently decide to use the cultivated land for aquaculture, as long as the cultivated layer of the cultivated land is not destroyed and the conditions for cultivation and cultivation are not destroyed.

It is illegal to go without approval procedures.

Basic farmland is not allowed, and other agricultural land needs to go through the approval procedures for the conversion of agricultural land.

Land Management Law.

Article 44 Where 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.

Roads, pipeline projects and large-scale infrastructure construction projects approved by the people of provinces, autonomous regions and municipalities directly under the Central Government, and land occupied by construction projects approved by the people, involving the conversion of agricultural land into construction land, shall be approved by the people.

Within the scope of the construction land for cities, villages and market towns determined in the overall land use plan, if agricultural land is converted into construction land for the purpose of implementing the plan, it shall be approved by the organ that originally approved the overall land use plan in batches according to the annual land use plan. Within the scope of the approved conversion of agricultural land, the land for specific construction projects can be approved by the people of the city and county.

The land occupied by construction projects other than those specified in the second and third paragraphs of this article involves the conversion of agricultural land into construction land, and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall approve it.

Without approval, it is an illegal construction, and in addition to being forced to demolish, it may also face restoration and fines.

Hello, if you get the approval, or get the consent of the relevant departments, then you can carry out the development of the aquaculture industry.

Absolutely not. The division of land in the country is very clear, and agricultural land is divided into farmland, forest land, pasture land, and breeding land, and special land can only be used for special purposes.

According to the state regulations, farmland can only grow food crops and some cash crops, and to build a farm, the nature of the land needs to be used for aquaculture, no matter who has any piece of land in the Land Management Bureau has a clear note, and the land use shall not be changed at will, otherwise, the state has the right to punish, or even confiscate the land, and more serious punishments.

Whether it is leased to collective or individual land, the nature of which belongs to the breeding land, of course, can be approved for the construction of breeding farms. If you don't belong to it, you need to follow the following procedures.

First of all, it needs to be approved by the land and resources department, and secondly, the establishment of supporting facilities is required to approve the project and plan to pass, the third point, the farm belongs to the scale of operation, but also needs to be approved by the competent agricultural and sideline departments, the health and epidemic prevention department reports, and even the industrial and commercial license and tax registration, the fourth point, now the new need for the approval of the environmental protection department, because the farm is a pollutant discharge enterprise.

It depends on whether you are contracted to cultivate land or not. Cultivated land will not work. Non-arable land depends on the land use agreed in the agreement you have signed.

If you inherit the land yourself, can you build a simple cattle farm?

There are two possibilities for "contracting" in your question. One is the "contracting" in the "rural land contract responsibility system", and you have the right to contract and manage the land. If this is the case, according to Article 17 of the Rural Land Contract Law of the People's Republic of China:

The contractor shall undertake the following obligations: (1) maintain the agricultural use of the land and shall not use it for non-agricultural construction; (B) the protection and rational use of land in accordance with the law, shall not cause permanent damage to the land; (3) Other obligations provided for by laws and administrative regulations. "You can build a farm on the contracted land (aquaculture is agriculture), but only if you don't cause permanent damage to the land.

The second is the land use right of someone who belongs to you who has subcontracted (or contracted), which is the circulation of land contract management rights. If this is the case, then it should be done according to the contract between you and the other party. If the contract does not expressly provide for it, reference may be made to the previous situation.