Illegal buildings in rural areas will not be demolished again, and some illegal buildings in rural a

Hello, the first is to let the farmers demolish the illegal buildings, and then the state will give a certain amount of compensation.

The second is to pay taxes on buildings that have been illegally built to persuade farmers not to expand.

Due to the special situation, if you can't demolish it, you don't need to demolish it temporarily, you can wait until the land is confirmed before demolishing it, and if you can't demolish it, you don't need to demolish it, and after you rebuild the house, you need to reduce your housing area. Non-rural collective-built houses approved in accordance with the law may also be temporarily demolished and do not need to pay fines, and if the illegal construction is the only housing of the peasants, it may not be demolished, and the illegal construction area does not exceed the local regulations.

Article 75 of the Land Management Law stipulates that in violation of the provisions of this Law, if the person occupies cultivated land to build kilns or graves, or builds houses, excavates sand, quarries, mines, or takes soil on cultivated land without authorization, destroys the planting conditions, or causes desertification or salinization of the land due to the development of land, the competent department of natural resources and the competent department of agriculture and rural affairs of the people's people at or above the county level shall order correction or rectification within a time limit in accordance with their duties, and may also impose a fine; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 78 stipulates that if a rural villager illegally occupies land to build a house without approval or by fraudulent means to obtain approval, the competent department of agriculture and rural affairs of the people's government at or above the county level shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit. If the standards set by provinces, autonomous regions, and municipalities directly under the Central Government are exceeded, the excess land occupied shall be punished as illegal land occupation.

The laws of the country have clearly stipulated that there are certain restrictions on the land of peasants, and they cannot go beyond this range.

We should not expand the land at will because the rural areas are vast and sparsely populated, and the management is lax. Land can't be allowed to become the norm. Land title confirmation is a trend.

So, houses are not something that any of us can build if we want to. We must regulate our own behavior through legal channels and legal procedures, study the law, and not insist on doing absurd things that violate the law.

Legal basis

Land Administration Act

Old rural houses built before January 1, 1987 are not illegal constructions and therefore will not be demolished.

In addition, there are the following situations of illegal construction will not be demolished:

1. Partial demolition affects the safety of the main structure of the building or structure, or the overall demolition affects the safety of the main structure of the adjacent building or structure.

2. The existing technical conditions and geographical environment for demolition cannot be demolished.

3. The demolition will cause significant damage to the public interest or other serious consequences.

Legal analysis: three types of illegal buildings can not be demolished:

1.Partial demolition affects the safety of the main structure of buildings and structures, or overall demolition affects the safety of the main structure of adjacent buildings and structures;

2.The existing technical conditions and geographical environment for demolition cannot be carried out;

3.The demolition will cause significant damage to the public interest or other serious consequences.

Legal basis: "Land Management Law of the People's Republic of China" Article 77 Where the land is illegally occupied by deception and approval is obtained by deception without approval or by a person who has been prepared to make a clear statement, the competent department of natural resources of the people's people at or above the county level shall order the return of the illegally occupied land, and if the agricultural land is changed to construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally occupied land shall be demolished within a time limit, and the land shall be restored to its original state. confiscation of newly constructed buildings and other facilities on illegally occupied land may be accompanied by a fine; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: For illegal buildings in rural areas, they can be demolished within a time limit, if they refuse to demolish themselves, the county level will be forced to demolish them in accordance with the law or apply to the court for compulsory demolition.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 68 After the competent department of urban and rural planning makes a decision to order the cessation of construction or demolition within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.

1. Which illegal buildings in rural areas can not be demolished.

1. The illegal buildings that can not be demolished in rural areas are as follows:

1) Small-scale illegal construction that does not affect the lives of others;

2) Farmers have multiple homesteads, and the total area does not exceed the standard of one homestead, and it does not need to be demolished;

3) The only dwelling of the peasant.

2. Legal basis: Article 83 of the Land Management Law of the People's Republic of China.

In accordance with the provisions of this Law, where it is ordered to demolish newly built buildings and other facilities on illegally occupied land within a specified period of time, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

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;

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

The countryside is illegal to build the demolition process:

1. The administrative organ shall confirm that it is an illegal building after investigation and evidence collection;

2. Make a notice ordering the cessation of illegal acts;

3. If the illegal builder refuses to demolish it, the administrative organ shall issue an administrative penalty notice to him before making a penalty decision;

4. Issue a notice of forced demolition of illegal rock construction after issuing a notice of illegal construction demolition;

5. Appeal to the court within the time limit and issue a notice of self-demolition within a limited time;

6. After expiration, the forced demolition shall be carried out in accordance with the law.

1. Do you have to forcibly demolish houses built on illegal land in rural areas?

Illegal occupation of land in rural areas to build houses can be forcibly demolished. The compulsory demolition of illegal buildings in rural areas shall meet the following conditions: 1. The township shall issue an administrative decision document to stop construction or make corrections within a time limit; 2. The parties did not apply for administrative reconsideration of the above-mentioned administrative decision, nor did they file an administrative lawsuit; 3. The parties fail to correct their illegal acts within the time limit in accordance with the above-mentioned administrative decision.

When the above conditions are met, the township ** organ has the right to compel the demolition of the illegal building built by the party.

2. Will the house be demolished after it is repaired?

Illegal houses will still be demolished after they are repaired. If the illegal building does not comply with the law, and the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the party does not stop the construction or does not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.

3. Which department can forcibly demolish illegal houses?

Generally, illegal houses will be demolished by the administrative department of the people's ** at or above the county level, and the Land and Resources Management Bureau has the right to investigate and deal with illegal buildings, and at the same time can also exercise the right to use the land. Illegal buildings should first be issued a specific notice ordering them to modify or stop construction, but it should be noted that the enforcement of forced demolition must be enforced by the people's courts. There are also many processes that need to be taken to carry out forced demolition, and it is necessary to submit relevant materials for defeat, and it is also necessary to submit relevant applications to the people, and the people will first carry out on-site seizure, and then the people's court will verify the specific situation and implement compulsory demolition.

Article 66 of the Urban and Rural Planning Law of the People's Republic of China.

If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project

1) Temporary construction without approval;

2) Failure to carry out temporary construction in accordance with the approved content;

3) Temporary buildings and structures are not demolished beyond the approved time limit.