It is not illegal to build a farm on your own farmland

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.

It is illegal to build farms on their own farmland, and there are strict requirements for the confirmation of land rights and homestead rights in rural areas, 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 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, "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 governments at or above the county level shall order corrections or governance 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.

I believe everyone has heard of a term called "basic farmland", basic farmland is a part of cultivated land, is a part of the national key protection, so the management is relatively strict, and the "Basic Farmland Protection Regulations" have been specially formulated to manage and protect it. Among them, Article 17 of the Regulations on the Protection of Basic Farmland stipulates that it is forbidden for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, take soil, pile up solid waste, or carry out other activities that destroy basic farmland in the basic farmland protection zone. It is forbidden for any unit or individual to occupy basic farmland for the development of forestry and fruit industry and to dig ponds for fish farming.

Although there is no mention of aquaculture in this article, it is not allowed to build and maintain rubber farms without the approval of the county-level natural resources authorities. Therefore, if your family's arable land is basic farmland, then the unauthorized establishment of a farm here is of course illegal.

So on general cultivated land, that is, non-basic farmland, can ordinary people build their own farms? The answer is yes. Article 331 of the Civil Code stipulates that 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 planting, forestry and animal husbandry.

Therefore, on general cultivated land, ordinary people can build their own farms. However, it should be noted that although there is no need to approve a planning permit at this time, the land use agreement may need to be filed according to the specific regulations of each locality, so if you are planning to set up a farm on your own farmland, you must be fully prepared and comply with the provisions of laws and regulations.

Secondly, I know that my farm is not illegal, but the demolition department does not say that it is illegal, what should I do? First of all, don't panic, actively collect evidence, carefully record the identity information of the demolition personnel, and keep the evidence; Then consult a professional demolition lawyer on the case in a timely manner and start the legal process as soon as possible; Finally, if there is a forced demolition, it is necessary to resolutely report to the police, collect evidence, and then sue to confirm that the forced demolition is illegal and then apply for administrative compensation to protect legitimate rights and interests.

What are the main illegal buildings?

Buildings built without application or without approval, 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;

5) Buildings built by fraudulently obtaining permits from competent authorities by forging relevant materials.

Generally speaking, the building built by the perpetrator without obtaining an administrative permit or if the building itself is dangerous, etc., is included in the scope of illegal construction, and the administrative organ has the right to carry out compulsory demolition and relocation of the building in violation of the regulations, but if the demolished household is not satisfied after the administrative organ has made a decision on demolition, it may apply to the administrative organ for administrative reconsideration.

There are strict requirements for the confirmation of land rights and homestead rights in rural areas, for example, if the rural homestead exceeds the prescribed requirements, then the buildings that exceed the specified area must be demolished.

Penalties for the construction of breeding farms on rural cultivated land:

1. If a farm is built on basic farmland, in addition to the legal demolition, it may also face fines.

2. Of course, the policies of various places are different, and the specific punishment should be subject to the penalty decision of the local ** department.

3. If it meets the requirements of breeding land, it is also necessary to apply to the township (town) people and other relevant departments, and the construction can only start after approval.

Points to note when building a farm:

1. At least 500 meters away from rivers, drinking water sources and villages (1,000 meters in some provinces);

2. Away from scenic spots, main road sections and other places, it is built in the downwind position;

3. Inspect the surrounding planning to avoid the selected site and other major development projects in the future;

4. Minimize the damage to the tillage layer through engineering, technology and other measures.

5. In addition, in some areas, ** to encourage breeding, return to the hometown to start a business, etc.