It is not illegal to build a farm on your own farmland

It is illegal to build a farm on arable land, and there are strict requirements for rural land ownership and homestead ownership. For example, if the rural homestead exceeds the prescribed requirements, then the buildings that exceed the specified area must be demolished. In addition, the rural land ownership policy also requires that no houses or other buildings are allowed on basic rural farmland.

Therefore, it is not allowed to build farms on cultivated land. Article 75 of the Land Management Law of the People's Republic of China violates the provisions of this law by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, or taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, shall be ordered to make corrections by the competent departments of natural resources and agriculture and rural affairs of the people's governments at or above the county level, and shall be dealt with within a time limit or in accordance with their duties, and may be fined. where a crime is constituted, criminal responsibility is pursued in accordance with law.

It is illegal to build farms on their own farmland, and there are strict requirements for the confirmation of land rights and homestead rights in rural areas, for example, if the rural homestead exceeds the prescribed requirements, then the buildings that exceed the specified area must be demolished. In addition, the rural land rights confirmation policy also requires that no houses or other buildings are allowed to be built on basic farmland in rural areas. Therefore, it is not allowed to build a farm on arable land, legal basis:

Land Management Law of the People's Republic of China Article 75 In violation of the provisions of this Law, occupying cultivated land to build kilns, building graves, or building houses, digging sand, quarrying, mining, taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments of natural resources and agriculture and rural affairs of the people's governments at or above the county level shall order corrections or rectification within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: the construction of farms on rural cultivated land is considered illegal construction, and illegal construction refers to those buildings that have started construction without the permission of the competent authorities, changed the planning permit of construction projects without authorization, changed the nature of use without authorization, built buildings that have not been demolished after temporary construction, and buildings built by falsifying relevant materials to obtain permits. Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space, damaging the ecological environment, etc., and many illegal buildings are still hidden in legal buildings.

Illegal buildings damage the credibility of the city, destroy the urban landscape, restrict the healthy development of the city and the implementation of urban and rural planning, and also affect the future development of the city.

Legal basis: Article 11 of the Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding prohibits the construction of livestock and poultry farms and breeding communities in the following areas: (1) Drinking water source protection areas, scenic spots; (2) the core area and buffer zone of the nature reserve; (3) Urban residential areas, cultural, educational, scientific research areas, and other areas with concentrated populations; (D) laws and regulations other prohibited breeding areas.

If the procedures for building farms on farmland in rural areas are complete, it is not considered illegal.

Now the rural farms need to go through the breeding procedures, the previous farms did not handle the can now be redone, but for the restricted area and the forbidden area of the farm must be dismantled or shut down, for the breeding area, must see the treatment facilities with pollution sources, otherwise it will also be shut down. If the contamination is not particularly severe, it will not be bothered. At most, it is the people from the environmental protection department or the ** department to remind it.

The specific procedures for running farms on rural land are as follows:

1. Land use application;

2. Draw up construction plans;

3. Contract for the transfer of collective land use rights;

4. Floor plan;

5. Application approval form;

6. Township (town) ** review, whether it conforms to the overall plan of rural construction, unified review of drawings, design, and layout;

3. County ** approval;

7. The agricultural department shall review the necessity and feasibility of the construction of its facilities, the necessity and rationality of the adjustment of the use of the contracted land, and the operating ability of the user;

8. The housing and urban-rural development department reviews that it conforms to the urban and rural construction plan;

9. The land department reviews its reasonableness and compliance.

The behavior of farmers building farms on agricultural land to engage in breeding is a welfare or policy measure for the Ministry of Agriculture and the Ministry of Land and Resources to encourage the development of agriculture. It is to encourage villagers to develop economic industries under the premise of agriculture, so it is not advisable for the planning and construction departments to treat farms as illegal construction and demolition.

Legal basis

Land Management Law of the People's Republic of China

Fourth State implementation of land use control system.

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.

The term "agricultural land" as used in the preceding paragraph refers to land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, aquaculture water surface, etc.; Construction land refers to the land for the construction of buildings and structures, including urban and rural residential and public facilities, industrial and mining land, transportation and water conservancy facilities, tourism land, military facilities, etc.; Unused land refers to land other than agricultural land and construction land.

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

1. Drinking water source protection area, scenic spot;

2. The core area and buffer zone of the nature reserve;

3. Urban residential areas, cultural, educational, scientific research areas and other population concentration areas;

4. Other prohibited breeding areas stipulated by laws and regulations.

Cultivated land is the basic resource and condition on which human beings depend. In the 21 st century, the population is increasing, the cultivated land is gradually decreasing, and the people's living standards are constantly improving. Common arable land refers to land that is specialized in growing crops and is cultivated frequently, and can be harvested normally.

It includes basic farmland with good land conditions and usable cultivated land that can be harvested normally without damaging the ecological environment despite poor land conditions. As China's basic and valuable land resources, commonly used cultivated land is strictly protected by Chinese laws and is not allowed to be occupied by any individual or unit without approval.

Non-agricultural construction must use land sparingly, and those that can use wasteland must not occupy cultivated land, and those that can use inferior land must not occupy good land. 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, and it is forbidden to occupy permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Laws and Regulations

Land Management Law of the People's Republic of China

Article 30 The State shall protect cultivated land and strictly control the conversion of cultivated land into non-cultivated land.

The State implements a compensation system for the occupation of cultivated land. Where cultivated land is occupied with approval for non-agricultural construction, the unit occupying cultivated land shall be responsible for reclaiming cultivated land equivalent to the quantity and quality of the cultivated land occupied in accordance with the principle of "how much is occupied, how much is reclaimed"; Where there are no conditions for reclamation or the cultivated land does not meet the requirements, the cultivated land reclamation fee shall be paid in accordance with the provisions of the province, autonomous region, or municipality directly under the Central Government, and the special funds shall be used for the reclamation of new cultivated land.

The people of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for the reclamation of cultivated land, supervise the units occupying the cultivated land to reclaim the cultivated land in accordance with the plan or organize the reclamation of cultivated land in accordance with the plan, and carry out acceptance and acceptance.

As long as the owner of the farm has registered with the land department and handled the relevant certificates, the legally opened farm is not an illegal building.

As long as the actor who builds the farm has the legal right to contract and operate the land, then it is a legal operation, in addition to building the farm, the construction of other facilities related to agriculture is also legal, but it is necessary to apply to the local land management department for state-owned land, if the use of the collective land of the village, there is no need to apply.

According to the "Classification of Land Use Status", the agricultural land that can be used for facilities refers to: the land for livestock and poultry houses directly used for commercial breeding, the land for production facilities for factory crop cultivation or aquaculture and their corresponding ancillary facilities, and the land for agricultural facilities such as drying fields other than rural homesteads.

According to Article 331 of the Civil Code (effective as of January 1, 2021), the holder of the right to contract and operate land shall have the right to occupy, use and benefit from the cultivated land, forest land and grassland contracted and operated by him in accordance with the law, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry.

According to the notice of the Ministry of Land and Resources and the Ministry of Agriculture on improving the management of agricultural land for facilities, if the construction of agricultural facilities occupies agricultural land, there is no need to go through the approval procedures for the conversion of agricultural land, nor does it need to go through the approval procedures for construction land. The act of farmers setting up temporary breeding facilities on the contracted land is an agricultural facility directly used in livestock and poultry houses, and it is not necessary to obtain a construction project planning permit in accordance with the law.

Legal Analysis:

No. The construction of breeding farms on agricultural land is a normal behavior of farmers engaged in breeding. Agricultural land refers to land used for agricultural production, including cultivated land, orchard land, forest land, pasture land, livestock and poultry breeding land, facility agricultural land, rural roads, water surface of pit ponds, and other agricultural land.

According to the provisions of the "Land Management Law", any unit or individual who needs to use land for construction must apply for the use of state-owned land in accordance with the law; However, the establishment of township enterprises and the construction of residential houses by villagers shall be approved in accordance with law to use the land owned by the peasant collectives of the collective economic organization, or the construction of public facilities and public welfare undertakings in townships (towns) and villages shall be approved to use the land owned by the peasant collectives in accordance with the law. In addition, in accordance with the provisions of the Civil Code, the holder of the right to contract and operate land shall have the right to occupy, use and benefit from the cultivated land, forest land and grassland contracted for its management in accordance with the law, and shall have the right to engage in agricultural production such as planting, forestry and animal husbandry. Therefore, the owner of the farm has obtained a legal contract management certificate, and the act of building agriculture-related facilities on the land for breeding belongs to the legal act of engaging in agricultural production and business activities, and enjoys the right to engage in animal husbandry as an agricultural production and operation activity in accordance with the law, which is the basic guarantee for farmers to develop agriculture as a basic industry in the Land Management Law, the Civil Code and the relevant provisions of the Ministry of Land and Resources.

It can be seen from common sense that if farmers do not build agriculture-related facilities on agricultural land, it is impossible to implement basic management of animal husbandry such as poultry and animal husbandry.

Legal basis: Civil Code of the People's Republic of China Article 331 The holder of the right to contract and operate land enjoys the right to occupy, use and benefit from the cultivated land, forest land, grassland, etc., contracted and operated by him in accordance with law, and has the right to engage in agricultural production such as planting, forestry, and animal husbandry.

The contract period for forest land is 30 to 70 years. At the completion of the contract period provided for in the preceding paragraph, the holder of the land contract management right shall continue to contract in accordance with the provisions of the law on rural land contracting.

There are strict requirements for the confirmation of land rights and homestead rights in rural areas, for example, if the rural homestead exceeds the prescribed requirements, then the buildings that exceed the specified area must be demolished.

Penalties for the construction of breeding farms on rural cultivated land:

1. If a farm is built on basic farmland, in addition to the legal demolition, it may also face fines.

2. Of course, the policies of various places are different, and the specific punishment should be subject to the penalty decision of the local ** department.

3. If it meets the requirements of breeding land, it is also necessary to apply to the township (town) people and other relevant departments, and the construction can only start after approval.

Points to note when building a farm:

1. At least 500 meters away from rivers, drinking water sources and villages (1,000 meters in some provinces);

2. Away from scenic spots, main road sections and other places, it is built in the downwind position;

3. Inspect the surrounding planning to avoid the selected site and other major development projects in the future;

4. Minimize the damage to the tillage layer through engineering, technology and other measures.

5. In addition, in some areas, ** to encourage breeding, return to the hometown to start a business, etc.