Is it illegal to build a greenhouse on contracted land? On what basis?

In rural areas, the most important needs of peasant households are their ownLand contracting rightsright. However, there is one thing that we peasant households should know, that is, all the rural land contracts are owned by the whole people, not the private property of peasant households. Farmers are not allowed to carry out unauthorized transactions or change agricultural land without authorization.

The main purpose, Even if the farmers have the right to operate and own, this kind of control power cannot be used indiscriminately. Greenhouse vegetables are necessary equipment for agriculture at the same time, and farmers grow food crops.

And growing vegetables is all one characteristic. There is no policy that prohibits the construction of greenhouse vegetables in contracted fields.

There are no laws and regulations.

There is no violation of the rules. Land resources are used to create wealth, and if you are engaged in agriculture, you cannot limit yourself to planting food crops. In many areas, the income from the cultivation of small grains is very optimistic.

Farmers should not see the protection of farmland as a necessity to grow corn or wheat. Naturally, it is definitely illegal to build indiscriminately in arable land, shouting about the basic construction of greenhouses, building houses, and building villas.

Recently, illegal buildings have been demolished across the country.

The demolition is also a fake greenhouse, or the kind of housing that shouts about the construction of the greenhouse. Therefore, farmers should distinguish what is the real greenhouse vegetables and what is the greenhouse. If it is really for better agriculture, the basic construction of greenhouse vegetables will not violate the regulations.

If the farmer's good friend still wants to build a greenhouse for the sake of better and appropriateness, it is proposed that everyone go to the village to say hello and apply for it before building the greenhouse. In this way, you can also have peace of mind.

With the development of modern agriculture at this stage, many farmers are using their own contracted land to gradually build greenhouses, plant some off-season agricultural products, and manipulate the time to market, which can usually obtain good economic benefits.

In our hometown and village, basically every household has built a vegetable greenhouse on its own land to grow leeks, and some small houses may be built around the greenhouseIt is used to take care of the placement of vegetable greenhouses and agricultural machinery. These are all reasonable and legal engineering buildings.

Not counted. At this time, the land is to be legally used on the contracted land, so it is not considered an illegal construction.

This is an illegal construction, because the contracted land is not allowed to build greenhouses, and the contracted land is generally agricultural land, which is different from the land where the greenhouse is built, and it is illegal if it is found.

It should be regarded as an illegal construction, because the construction of greenhouses in their own contracted land in the name of building agricultural greenhouses is a non-agricultural construction, which can be forcibly demolished or even without compensation.

1. Whether it is illegal to build a greenhouse in the ground to breed depends on the situation

1) If it is a farm, it is an illegal building;

2) If it is a tent-type farm that can be relocated as a whole, it is not considered an illegal building.

2. Legal basis: Article 59 of the Land Management Law of the People's Republic of China.

The construction of township (town) villages, township (town) village public facilities, public welfare undertakings, and rural villagers' residences shall be in accordance with the village and market town planning, rational layout, comprehensive development, and supporting construction; Construction land shall conform to the overall land use plan and annual land use plan of the township (township), and shall go through the examination and approval formalities in accordance with the provisions of Articles 44, 60, 61 and 62 of this Law.

Article 60. Rural collective economic organizations that use the construction land determined by the overall land use plan of townships (towns) to set up enterprises or jointly establish enterprises with other units and individuals in the form of land use rights shareholding, joint ventures, etc., shall hold relevant approval documents and submit an application to the competent department of natural resources of the local people's ** at or above the county level, and in accordance with the approval authority provided by the provinces, autonomous regions and municipalities directly under the Central Government, approved by the local people's ** at or above the county level; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

The land used for the construction of enterprises established in accordance with the provisions of the preceding paragraph must be strictly controlled. Provinces, autonomous regions, and municipalities directly under the Central Government may separately stipulate land use standards in accordance with the different industries and business scales of township enterprises.

2. What are the criteria for identifying illegal construction?

The criteria for the identification of illegal construction are as follows:

1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;

2. Buildings built without authorization to change the provisions of the construction project planning permit;

3. Buildings built without authorization that have changed the nature of use;

4. Setting up temporary buildings as permanent buildings without authorization.

Summary. Article 342 of the Criminal Law [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Article 346: [Provisions on Punishment for Units Committing Crimes of Destroying the Protection of Environmental Resources] Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each of the articles of this Section.

Hello, illegal.

First, the construction of greenhouses on cultivated land needs to be approved. According to the notice of the Ministry of Land and Resources and the Ministry of Agriculture on further supporting the healthy development of facility agriculture (No. 127 2014), in the cultivated land covered with greenhouses to cultivate succulents, the land operator draws up the facility construction plan, and the township ** and the rural collective economic organization sign a tripartite land use agreement, and the township ** timely report the land use agreement and the facility construction plan to the county-level land and resources department and the agricultural department for the record.

Second, in principle, greenhouses can be built on basic farmland, but greenhouses and nursing houses are not allowed. Therefore, if it is a planting greenhouse with legal construction procedures, it is still possible, but it is absolutely not possible to use the greenhouse structure to transform agricultural production land into residential land, which is illegal land use and illegal construction.

Thirdly, it may even be criminally liable. The construction of "big sheds", "ecological parks", "leisure farms", etc., on cultivated land or even permanent basic farmland, violates the Land Management Law, and is an illegal act of destroying cultivated land or illegally occupying land.

Therefore, if the construction of greenhouses on cultivated land is not approved, or if the construction of farmland is changed, it is illegal.

Article 342 of the Criminal Law [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying farmland, forest land, or other agricultural land, changing the use of the occupied land, and the amount is relatively large, causing a large amount of destruction of farmland, forest land, or other agricultural land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine. Article 346: [Provisions on Punishment for Units Committing Crimes of Destroying the Protection of Environmental Resources] Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each of the articles of this Section.

Legal analysis: If it is basic farmland, it is illegal, according to China's basic farmland protection regulations, after the basic farmland protection zone has been demarcated in accordance with the law, no unit or individual may change or occupy it. China's land management law stipulates that all land owned by the state that is used for agriculture in accordance with the law may be contracted and operated by units or individuals engaged in planting, forestry, animal husbandry, and fishery production.

Legal basis: "Regulations on the Protection of Basic Farmland" Article 15 After the basic farmland protection zone has been demarcated in accordance with law, no unit or individual may change or occupy it. The site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities cannot avoid the basic farmland protection area, and it is necessary to occupy basic farmland, and if it involves the conversion of agricultural land or the expropriation of land, it must be approved.

Land Management Law of the People's Republic of China Article 13 Cultivated land, forest land, grassland, and other land used for agriculture in accordance with law owned by peasant collectives and owned by the State in accordance with law and used by peasant collectives in accordance with law shall be contracted by means of household contracting within rural collective economic organizations, and barren mountains, barren ditches, barren hills, barren beaches, etc., which are not suitable for household contracting, may be contracted by means of bidding, auction, public consultation, etc., to engage in planting, forestry, animal husbandry, and fishery production. The contract period is 30 years for cultivated land contracted by households, 30 to 50 years for grassland, and 30 to 70 years for forest land. After the expiration of the contract period for cultivated land, it shall be extended for another 30 years, and after the expiration of the contract period for grassland and forest land, it shall be extended accordingly in accordance with law.

Land owned by the State for agricultural purposes in accordance with the law may be contracted and operated by units or individuals engaged in crop farming, forestry, animal husbandry, and fishery production.

The contract issuing party and the contracting party shall conclude a contract in accordance with law, stipulating the rights and obligations of both parties. Units and individuals contracted to operate land have the obligation to protect and rationally utilize the land in accordance with the purposes agreed in the contract.

Summary. Although they are all called vegetable greenhouses, but the structure is different, some are easy to recover, will not cause damage to the farmland, do not belong to the facility agriculture of vegetable greenhouses, such as simple greenhouses built with iron frames and plastic films, this kind of greenhouses are allowed to build. But if a greenhouse, greenhouse, or nursing house is part of facility farming, for example:

Build vegetable greenhouses to grow crops like factories, build brick houses and drying yards next to vegetable greenhouses. Generally speaking, it is strictly forbidden to occupy basic farmland for this type of construction. If it is built, it may be determined that it is illegal and ordered to be demolished within a time limit, and if it is not demolished voluntarily, it may be forcibly demolished.

It is basic farmland, and the station uses fungus to hang the greenhouse, yes.

Illegal. Those who occupy cultivated land in various agricultural parks or directly build non-agricultural facilities such as houses on cultivated land in violation of laws and regulations, as well as those who illegally occupy cultivated land to build houses in agricultural greenhouses and change the nature and use of land are serious violations of laws and regulations.

Breaking the law, how can the country not care, it's not that there is less land, it's the top ten land.

Regardless does not mean legal.

All occupation of cultivated land, especially permanent basic farmland construction of non-agricultural facilities, change the nature and use of land are illegal construction, although are called vegetable greenhouses, but the structure is not the same, some are easy to recover, will not cause damage to farmland, do not belong to the facility agriculture of vegetable greenhouses, such as with iron frame and plastic film to build up simple greenhouses, this kind of greenhouses are allowed to build. However, if the greenhouse, greenhouse or nursing house belongs to facility agriculture, for example: building a vegetable greenhouse to grow crops like a factory, building a brick house next to the vegetable greenhouse, drying ground, etc.

Generally speaking, it is strictly forbidden to occupy basic farmland for this type of construction. If it is built, it may be determined that it is illegal and ordered to be demolished within a time limit, and if it is not demolished voluntarily, it may be forcibly demolished.

What category do you fall into?

The first category is not illegal, and the second category is illegal.

Legal analysis: whether the greenhouse is an illegal construction needs to consult the local land and resources bureau authorities, if there are formal approval procedures are not illegal construction, if there is no formal approval procedures are illegal construction, it is necessary to demolish.

Legal basis: Land Management Law of the People's Republic of China

Article 37 Where land must be used sparingly for non-agricultural construction, and wasteland may 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 permanent basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

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.

If the permanent basic farmland is converted into construction land, it shall be approved by ***.

Within the scope of the construction land of cities, villages and market towns determined in the overall land use plan, if the agricultural land other than the permanent basic farmland 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 or its authorized authority in batches according to the annual land use plan in accordance with the provisions of the first department. 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.

Outside the scope of the construction land of cities, villages and market towns determined in the overall land use plan, the agricultural land other than the permanent basic farmland shall be converted into construction land, which shall be approved by the people of the province, autonomous region and municipality directly under the Central Government.