Is it illegal to build a farm on cultivated land?

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.

1. Is it illegal to build farms on general cultivated land?

1. The construction of breeding farms on general cultivated land is not considered illegal. The construction of breeding farms on agricultural land is a normal behavior of farmers engaged in breeding. Agricultural land includes land used for agricultural production, cultivated land, garden land, forest land, pasture land, livestock and poultry breeding land, facility agricultural land, rural roads, pit pond water surface, other agricultural land, etc., the owner of the farm has obtained a legal contract management license, and the act of building agriculture-related facilities on the land for breeding is not considered an illegal construction.

2. Legal basis: Article 35 of the Land Management Law of the People's Republic of China.

After permanent basic farmland has been demarcated in accordance with law, no unit or individual may occupy or change its use without authorization. It is indeed difficult to avoid permanent basic farmland in the site selection of key construction projects such as national energy, transportation, water conservancy, and military facilities, and those involving the conversion of agricultural land or land acquisition must be approved.

It is forbidden to circumvent the approval of the conversion of permanent basic farmland and agricultural land or land acquisition by means such as adjusting the overall land use plan at the county level or the overall land use plan of the township (town) without authorization.

Article 12. The registration of land ownership and use rights shall be carried out in accordance with the laws and administrative regulations on the registration of immovable property.

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.

1.Of course not, the construction of farms on agricultural land is a normal behavior of farmers engaged in breeding.

2.According to 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 and operated by him in accordance with the law, and shall have the right to engage in agricultural production such as state model planting, forestry and animal husbandry. It is a policy support to encourage villagers to develop economic industries on the basis of agriculture.

Legal analysis: it is illegal to build farms on their own farmland, and there are strict requirements for the confirmation of rural land rights and homestead rights, for example, if the rural homestead exceeds the specified 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 farms on cultivated land, legal basis: "Land Management Law of the People's Republic of China" Article 75 In violation of the provisions of this law, occupy cultivated land to build kilns, build graves or build houses on cultivated land without authorization, dig sand, quarry, mine, take soil, etc., destroy planting conditions, or cause desertification or salinization of land due to the development of land, the competent departments of natural resources and agriculture and rural affairs of the people's people at or above the county level shall order corrections or governance within a time limit in accordance with their duties, and may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Summary. Legal Analysis: Breeding farms can be built on general farmland, as long as the cultivated layer of cultivated land is not destroyed, the cultivation conditions are not destroyed, and the basic farmland is not occupied, and the land contractor can independently decide to use the farmland for aquaculture.

Aquaculture land belongs to agricultural land, and the construction of breeding houses on it does not belong to the act of changing land use. According to the "Notice on Promoting Land Use Policies for Large-scale Livestock and Poultry Breeding", it is encouraged to use unused land such as abandoned land and barren hills and slopes to build farms, and adhere to the principle of not occupying or occupying less cultivated land as much as possible. If it is necessary to occupy cultivated land, it is necessary to apply to the relevant departments, and the relevant departments at the county level can build farms after the consent of the township people.

Therefore, farms cannot be built in the basic farmland protection zone, and agricultural land outside the basic farmland protection zone can be built with the approval of the relevant departments.

Hello dear, happy to answer your <>

Is it illegal to build farms on general cultivated land, and it is not illegal to build farms on general cultivated land.

Legal analysis refers to the slag: general farmland can be built into breeding farms, as long as the cultivated layer of cultivated land is not destroyed, the cultivation and planting conditions are not destroyed, and the basic farmland is not occupied for the argument section, the land contractor can independently decide to use the farmland for aquaculture. Aquaculture land belongs to agricultural land, and the construction of breeding houses on it does not belong to the act of changing land use.

According to the "Notice on Promoting Land Use Policies for Large-scale Livestock and Poultry Breeding", it is encouraged to use unused land such as abandoned land and barren hills and slopes to build farms, and adhere to the principle of not occupying or occupying less cultivated land as much as possible. If it is necessary to occupy cultivated land, it is necessary to apply to the relevant departments, and the relevant departments at the county level can build farms after the consent of the township people. Therefore, farms cannot be built in the basic farmland protection zone, and agricultural land outside the basic farmland protection zone can be built with the approval of the relevant departments.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 64 If the construction project planning permit has not been obtained or the construction project is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed. We hope you have a smooth resolution