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Belong.
Without approval, dry land cannot be used to build houses, and building houses on dry land without permission is illegal, and if the builder is found to have illegal construction, he will face corresponding penalties. In China, land is divided into three types, namely agricultural land, construction land and unused land. Dryland is a type of agricultural land that can only be used for agricultural production activities and cannot be used for building houses.
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Legal analysis: illegal construction mainly includes: buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects; Unauthorized alteration of the building built in accordance with the provisions of the planning permit for the construction project; Buildings built without authorization that have changed the nature of use; Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period; A building that was built by falsifying relevant documents to obtain a permit from the competent authority.
Legal basis: "Land Management Law of the People's Republic of China" Article 44 Where the construction occupies land, involving 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.
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The construction of houses on agricultural land is not considered illegal construction, and it depends on the situation
1. Building a house on a legally obtained homestead is not an illegal building;
2. The construction of residential houses by rural residents can only be implemented after being reviewed by the township and approved by the county level. If it is not approved, it is an illegal construction.
What are the circumstances of illegal construction?
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. Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period;
5. Buildings built by forging relevant materials to obtain permits from competent authorities.
Legal basisArticle 44 of the Administrative Coercion Law of the People's Republic of China.
Where illegal buildings, structures, facilities, and so forth need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a set period of time. Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.
Article 42.
In the implementation of administrative compulsory enforcement, the administrative organ may reach an enforcement agreement with the parties without harming the public interest or the lawful rights and interests of others. The enforcement agreement may stipulate phased performance; Where the parties take remedial measures, the additional fines or late fees may be waived.
The enforcement agreement shall be performed. Where the parties do not perform on the enforcement agreement, the administrative organ shall resume compulsory enforcement.
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Summary. Hello, irrigated land is also cultivated land, and building a house on cultivated land is illegal construction. If it is illegal, the relevant administrative law enforcement department has the right to dismantle.
Hello, I have seen your question and am sorting out the answer, please wait a while
Hello, irrigated land is also cultivated land, and building a house on cultivated land is illegal construction. If it is illegal, the relevant administrative law enforcement department has the right to dismantle.
This shed is hidden in the chain forest hall, I bought the Chunyan homestead with the village, which can be built before, and it is not good to say since July 1, 2018. The cover is watered to the ground. There is a list issued by the village, and there is no collective land use certificate. In this way, what should I do to build a shed?
Hello, how was the list written in the village at that time?
It's a homestead. Hello, if the village acknowledges that the use of the land is for homestead, it is possible to build a house.
They said that they can't be the master now, and they always say that if they go to build it, the superior leaders will come to tear it down, hello, the person who signed it at that time is still working in the village, so can they give you a collective land use certificate?
It's all shifted. Was the certificate stamped at that time? If it is sealed, it has the force of law.
The village seal was stamped, and now they say that they can't live in it, and they can't live in it when the land changes.
Hello, in this case, you can change your friendship to consult a person who studies the law or a lawyer, because I am not a professional in this area and cannot give a good solution.
Is there any software that can find the land planning analysis map?
Hello, please wait a minute.
Hello, the construction unit has a construction land planning map. But. It is best to go to the urban planning management department (some places are called the planning bureau, and some places are called the planning department).
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Legal Analysis: Dry land is agricultural land and cannot be used for building houses. Dryland is not irrigated without any equipment, and crops are grown only by means of rain or flood water.
Due to the nature of the land on the dry land does not belong to the construction land, it is not allowed to build a house on it, otherwise it is an illegal building, and it needs to be demolished in the later stage.
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 or 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.
Belong.
Without approval, dry land cannot be used to build houses, and building houses on dry land without permission is illegal, and if the builder is found to have illegal construction, he will face corresponding penalties. In China, land is divided into three types, namely agricultural land, construction land and unused land. Dryland is a type of agricultural land that can only be used for agricultural production activities and cannot be used for building houses. >>>More
There is compensation for the demolition of illegal houses in rural areas, and no compensation will be given for those found to be illegal buildings. >>>More
It is mainly a building and structure that has been built without the approval of the competent department of planning and land, without obtaining a planning permit for construction projects or a planning permit for temporary construction projects. >>>More
Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other relevant laws and regulations. >>>More
Illegal houses cannot be applied for real estate certificates. >>>More