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Absolutely not, first of all, according to the national regulations as follows:
In 1999, the General Office promulgated the "Notice on Strengthening the Administration of Land Transfer and Strictly Prohibiting Land Speculation", which stipulated: "Farmers' residences shall not be given to urban residents, nor shall urban residents be allowed to occupy farmers' collective land to build houses, and relevant departments shall not issue land use certificates and real estate certificates to illegally built and purchased residences."
Self-built houses cannot get real estate certificates, nor can they be listed for trading. Once there is a housing dispute, there will be no legal protection. Even if the buyer and seller have signed a contract, but according to the Contract Act
Article 52 stipulates that a contract that violates the mandatory provisions of laws and administrative regulations shall be deemed invalid.
Therefore, people in the city bought houses in the city and were not qualified to build houses.
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Urban dwellers are not allowed to build their own houses in the city, because urban land is owned by the state, not by individuals, so they only have the right to use it, not the right to own it.
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No, because if you want to build a house in the city, it is all ** department planning, and you need relevant information, land planning, as a private person has no right, to build a bungalow anywhere, or a building, it's just so thank you.
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I think it is not allowed for urban residents to build their own houses in the city, because there are procedures to build houses, and it is impossible for private individuals to build them randomly, so the planning of the whole city may become chaotic, and the urban renewal bureau must carry out unified planning.
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What can't city dwellers do in the city today? Those who build their own houses, because now the land belongs to the state. You can't buy and sell land casually by yourself, the state won't approve it, so it's impossible for you to build your own house, only in the countryside.
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Before I knew it, it was raining, thinly, gently. "An autumn rain and a cold weather", although people complained about "this ghost weather" with dissatisfaction, she still smiled and carried out the orders given by the god of the four seasons. The autumn rain is pale blue and crystal clear.
Thousands of silver threads, rippling in mid-air, draped on the field. The rain fell in the water, like dripping into a jade plate, splashing pearls; The rain fell on the trees, like combing the branches with soft hair. The clear drops on the umbrella leaves are overflowing with a hazy glow, reflecting a light and elegant temperament, like a white-collar beauty returning from the night.
The wind swept across her cheeks, and her DSA's shoulders shook slightly, and the raindrops of wafers poured down from the umbrella leaves and landed on the bluestone slabs with a soft sound.
The occasional fallen leaf drifting through the window inadvertently changes the score of the season. The years go on and on, and for the rotation of life, this monotonous back and forth is so thrilling and evocative. The continuous autumn washes the green mountains and moistens the earth.
This autumn rain is like a sweet wine, dedicated to the land that breeds all things, and dedicated to the people who are full of the joy of the harvest ......The autumn rain is not annoying. Behind the misty rain curtain, there are sweet smiling faces. I looked up at the blue sky and felt that the sky was clearer, the sun was brighter, and the white clouds were like white flowers embroidered on the blue sky.
This scenery makes people feel refreshed.
Taste the autumn rhyme, edify the passing years. Gently holding his shoulders, he was still intoxicated, and it was the red traces. Then smile and say to yourself, the flowers are beautiful, and the flowers are drunk.
Then, let me dip a chrysanthemum into agar syrup with my warm fingers on a clear wind and a full moon, make a pot of fragrant flower tea, sit on both sides of the river, and taste the vicissitudes of life left by the years.
Autumn is like a brocade, and the world is like a flower! I love autumn!
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Legal analysis: The construction area of residential buildings built by individuals in urban areas shall be determined by the people of each province, autonomous region and municipality directly under the Central Government according to the actual situation, but according to the average urban official household registration, the construction area per person shall generally not exceed 20 square meters (including non-local residences in the city). Individuals in cities and towns must build dwellings in accordance with the requirements of urban planning.
Legal basis: Measures for the Administration of Residential Construction by Individuals in Cities and Towns
Article 5 The floor area of residential buildings built by individuals in urban areas shall be determined by the people of all provinces, autonomous regions and municipalities directly under the Central Government according to the actual situation, but according to the average urban official household registration, the construction area per person shall generally not exceed 20 square meters (including non-local residences in the city). It is forbidden to enlarge homesteads by building yards with walls.
Article 6 The construction of residential buildings by urban individuals must meet the requirements of urban planning, and shall not obstruct transportation, fire protection, city appearance, environmental sanitation and the lighting and ventilation of adjacent buildings. The construction of residential buildings by urban individuals must be reviewed and approved by the urban planning management authority and the construction permit shall be issued before construction.
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First of all, the self-built houses of urban residents are also based on the homestead land, and all self-built houses are mainly based on the right to use the homestead and the right of peasants to live and use, so they can build their own houses. However, when building a house, you must obtain the corresponding qualifications, and you need to pass the review and application of the relevant department, and you can only build it after passing it.
Urban and Rural Planning Law of the People's Republic of China
Cities and towns shall formulate urban and town plans in accordance with this Law. Construction activities within the urban and town planning areas shall comply with the planning requirements. Local people at or above the county level shall determine the areas where township and village plans should be formulated in accordance with the level of local rural economic and social development and in accordance with the principles of adapting measures to local conditions and being practicable.
Townships and villages within the designated area shall formulate plans in accordance with this Law, and the construction of townships and villages within the planning area shall comply with the planning requirements. Local people at or above the county level are encouraged and guided to formulate and implement township and village plans in areas other than those provided for in the preceding paragraph.
Article 4 The formulation and implementation of urban and rural planning shall follow the principles of overall planning of urban and rural areas, rational distribution, land conservation, intensive development, and planning before construction, improve the ecological environment, promote the conservation and comprehensive utilization of resources and energy, protect cultivated land and other natural resources and historical and cultural heritage, maintain local characteristics, ethnic characteristics, and traditional features, prevent pollution and other public hazards, and meet the needs of regional population development, national defense construction, disaster prevention and mitigation, public health, and public safety. Construction activities carried out in the planning area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection. Local people at or above the county level shall, in accordance with the actual conditions of local economic and social development, reasonably determine the scale, steps and construction standards of the development of cities and towns in the overall urban and town plans.
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Legal analysis: Urban self-built houses belong to small property rights, and small property rights houses actually have property rights, which are houses built on homesteads. Only one homestead can be owned, and the construction of the house must be in accordance with the local plan.
Legal basis: Article 62 of the Land Management Law of the People's Republic of China: A rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard prescribed by the province, autonomous region or municipality directly under the Central Government.
In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.
Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.
The residential land of rural villagers shall be reviewed and approved by the people of the township (town); 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.
Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.
The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.
The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.
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Legal basis: Regulations for the Implementation of the Land Management Law of the People's Republic of China
Article 2: The State shall establish a territorial spatial planning system. Land development, protection, and construction activities shall persist in planning first. Territorial spatial planning approved in accordance with the law is the basic basis for all kinds of development, protection and construction activities.
Where land and spatial planning has already been prepared, the overall land use plan and urban and rural planning shall no longer be compiled. Before the preparation of the land and spatial plan, the overall land use plan and the urban and rural plan approved in accordance with the law shall continue to be implemented.
Article 3: Land and space planning shall refine the implementation of the requirements for the development and protection of land space put forward in the national development plan, make overall plans for the layout of functional spaces such as agriculture, ecology, and towns, and delineate and implement permanent basic farmland, ecological protection red lines, and urban development boundaries. Land and space planning shall include the pattern of land and space development and protection and the layout, structure, and use control requirements of planned land, clarify the requirements for the amount of cultivated land, the scale of construction land, and the scope of prohibition of reclamation, coordinate the layout of land for infrastructure and public facilities, comprehensively utilize the aboveground and underground space, reasonably determine and strictly control the scale of new construction land, improve the level of land conservation and intensive use, and ensure the sustainable use of land.
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