What should I do if a factory built with the approval of the village committee is later identified a

A factory built with the approval of the village committee was later identified as an illegal building and should be dealt with by law.

Villagers' committees are not state organs, but only villagers' self-governing organizations, and cannot replace the independent exercise of functions and powers by the state, and contracts are only agreements between the parties or parties to establish, modify, or terminate civil relations, nor can they replace some necessary examination and approval procedures of administrative organs. In accordance with the relevant regulations, villagers' committees may allocate homestead land to members of collective organizations, but homestead land can only be used for the construction of peasants' own houses, and cannot be used for the construction of enterprises, factories, and so on. If the land on which you build a factory is a homestead and holds a homestead certificate, then the factory building does not comply with the regulations from the beginning, and the approval of the village committee is also invalid, which is undoubtedly an illegal construction.

If the consent of the relevant departments has been obtained at the beginning of construction, and the relevant approval procedures have been handled, then it is not appropriate to identify it as an illegal building, and if the relevant departments identify the factory building as an illegal building for various reasons, then the parties can file a lawsuit with the court to protect their legitimate rights and interests in accordance with the law.

Hello, if the consent of the relevant departments has been obtained at the beginning of the construction, and the relevant approval procedures have been handled, then it is not appropriate to identify as an illegal building, if the relevant departments identify the plant as illegal for various reasons, then the parties can file a lawsuit with the court to protect their legitimate rights and interests in accordance with the law.

The village committee does not have the right to approve the construction of the factory land, so the factory land is illegal and should be dealt with by law.

Legal analysis: whether the self-built factory is illegal depends on whether you have the right to use the land, whether you have passed the approval procedures of the competent department, if all kinds of procedures are complete and meet the requirements of the factory, then the self-construction must be legal, not illegal. After obtaining the right to use the land and changing the nature of the land to construction land, the construction can be carried out in accordance with the examination and approval.

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, rural villagers' residences and other townships (towns) 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 Where a rural collective economic organization uses the construction land determined by the overall land use plan of the township (town) to set up an enterprise or jointly establishes an enterprise with other units or individuals in the form of land use right shareholding, joint venture, etc., it shall submit an application to the competent department of natural resources of the local people's department at or above the county level with the relevant approval documents, and the approval authority provided by the province, autonomous region or municipality directly under the Central Government shall be approved by the local people's department 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.

Summary. Hello, the construction of the factory first needs to see the nature of the land to build, and then also need to see whether there are planning procedures, if not, then the approval of the village committee is invalid, will be identified as an illegal building by the urban construction department.

What should I do if a factory built with the approval of the village committee is later identified as an illegal building?

Hello, the first limb of the factory building needs to see what kind of land is built, and then it also needs to see if there is a planning procedure for hunger, if not, then the approval of the village committee is invalid, and it will be identified as an illegal building by the urban construction department.

First, the village committee does not have the authority to approve the construction of the factory. In accordance with the regulations on the dissipation of Youheqiao and the opening of customs, the village committee may allocate homestead land to the members of the collective organization, but the homestead land can only be used for the construction of peasants' own houses, and cannot be used to build enterprises, factories, etc. If the land on which you build a factory is a homestead and you hold a homestead certificate, then your factory building does not comply with the regulations from the beginning, and the approval of the village committee is also invalid, which is undoubtedly an illegal construction.

If the land you build is a construction land owned by the village collective. The village collective transfers the right of use to you through assignment, contracting, etc., and you can build a factory. However, before the construction traces are auctioned, they must also be approved by the township land and construction committee departments before they are eligible for the construction of the spike.

Otherwise, it is also an illegal construction.

Third, if you build a foundation factory building, the village committee has a corresponding commitment or agreement in order to develop the economy and attract investment. Then, after it is determined that the illegal building is demolished, you can apply to the village committee for compensation in accordance with the agreement.

The village committee agreed that the construction of the house is an illegal building, and the specific details are as follows:

1. For the legality of the property rights of the house, it can generally be confirmed as legal and valid under the premise of the registration and issuance of certificates by the people with jurisdiction.

2. If there is an approval of the village committee, it is an illegal construction, and if the village committee approves but does not apply for a building permit, it is considered an illegal construction, and the construction of a building in rural areas shall be carried out in accordance with the law and after approval. After the completion of the building, the construction quality management department should be applied for quality inspection of the building, and it can be put into use only after it is qualified.

3. Buildings that have not been approved are illegal buildings. For illegal buildings, if they cannot be approved afterwards, they will be ordered to demolish them in accordance with the law.

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

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

2. Changing the provisions of the construction project planning permit without authorization to build a building that is sold off.

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

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

The penalties for illegal construction of rural houses are as follows:

1. For illegal buildings in rural areas, a fine of not less than 5 percent but not more than 10 percent of the construction project cost may be corrected.

2. If it cannot be corrected, a fine of less than 10% of the construction project cost shall be imposed.

Illegal buildings are considered illegal buildings even if they are approved by the village committee.

Please click to enter a description (up to 18 words).

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 Management of Villages and Market Towns and other relevant laws and regulations.

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. The state stipulates that not only the illegal building shall be demolished, but the party involved in the illegal construction shall also bear all the costs incurred in demolishing the illegal building.

Buildings refer to buildings and structures with various use values produced by various materials, and are houses or other places fixed on land in which people can carry out life or production activities, such as residences, office buildings, factories, warehouses, etc.

Illegal construction refers to the construction of new buildings, expansion and reconstruction in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or using fraudulent means to obtain approval.

[Legal basis].

Regulations of the People's Republic of China on the Administration of Planning and Construction of Villages and Market Towns》 Article 37 In the planning area of villages and market towns, the construction is not approved in accordance with the planning approval procedures or in violation of the provisions of the plan, which seriously affects the planning of villages and market towns, the construction administrative departments of the people's government at the county level shall order the construction to be stopped, and the illegal buildings, structures and other facilities shall be demolished or confiscated within a time limit; If it affects the planning of villages and market towns, and corrective measures can still be taken, the county-level people's ** construction administrative department shall order corrections within a time limit and impose a fine.

Rural residents build houses without approval or in violation of planning provisions

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The factory building is legally an illegal building. Collective construction land is the ownership of the land belongs to the collective, and the land for public facilities in our cities and the homesteads in the countryside all belong to the collective construction land. If we need to use collective construction land, we must apply to the land department, and only if the application is successful can we obtain the basic right to use.

Under normal circumstances, the collective construction land is not allowed to build a factory, if the factory is built on the collective construction land, it is an illegal building in law, according to the relevant national regulations, the illegal building will face the risk of being demolished, which will inevitably bring losses to itself. Therefore, before building a factory, we must be cautious to investigate the nature of the land to avoid economic losses. However, the use of land owned by the collective economic organization is approved in accordance with law for the construction of new township enterprises and villagers' houses, or the use of land owned by farmers' collective land is approved in accordance with law for the construction of township and village public facilities and public welfare undertakings.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government. Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible.

The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at 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. Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.