How to deal with the over area construction, and how to deal with the over area of the state owned l

For those parts of the homestead that do not conform to the overall land use plan and the village market town plan, or the excess area of the homestead that exceeds the standard set by the province (autonomous region, municipality directly under the Central Government), the number of areas exceeding the standard may be indicated in the land register and the secretary column of the land right certificate, and the house will be built separately in the future, or the existing house will be demolished and rebuilt.

If the procedures for self-built houses are formal, the certificate of the right to use the homestead and the planning permit are complete, and the specific situation of exceeding the standard should be reported to the examination and approval authority, and then a certain fee can be paid according to the excess area. If the builder deliberately conceals the area and is investigated and dealt with by the relevant departments, it will be regarded as an illegal building, and it will be required to be demolished within a time limit.

1. Refund of the excess areaFor farmers who exceed the standard of rural homesteads, if they do not want their families to be fined, they can return the excess homestead area to the village collective before the homestead is confirmed.

2, the excess part of the paid use of some areas in the trial homestead paid use of the policy, when their own homestead is not legal exceeded, you can in accordance with the policy requirements and standards of the paid use of homesteads, to the relevant departments to pay a certain fee, as for the specific amount of payment depends on the situation, generally the more area exceeded, the more fees need to be paid.

3. Compulsory retraction.

1) In fact, there are few cases of compulsory repossession for the treatment of rural homestead area exceeding the standard, but there are also some cases where compulsory demolition will be carried out, such as building a new house but not demolishing the old house, forcibly occupying the homestead, using fraudulent means to obtain the homestead, etc.

2) In addition, for those rural homesteads that have been cancelled, but the rural homesteads still exist but are uninhabited and no one inherits, they will be unconditionally recovered by the village collectives.

4. Temporary retention.

Legal basis: Article 40 of the Urban Planning Law of the People's Republic of China in the urban planning area, without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, seriously affecting the urban planning, by the local people's ** urban planning administrative department at or above the county level shall order to stop construction, demolition or confiscation of illegal buildings, structures or other facilities within a time limit; If it affects urban planning and can still take corrective measures, the local people's ** urban planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

Mr. Zhong, a villager in a village in Suichang County, Zhejiang Province, approved the demolition and construction of a 115-square-meter brick and concrete structure house in 2012, and then demolished the original old house at the end of June 2020 and excavated the foundation for construction. On May 21, 2021, when the Law Enforcement Bureau conducted an on-site survey, the party had already built a residential building covering an area of square meters, which exceeded the approved area of square meters. Mr. Zhong's illegal occupation of land to build a residential building without approval has violated Article 62 of the Land Management Law of the People's Republic of China, and the Law Enforcement Bureau ordered Mr. Zhong to return the illegally occupied land and demolish the newly built house on the illegally occupied land within 45 days.

After receiving the Administrative Penalty Decision, Mr. Zhong fulfilled the obligation to demolish the house within the specified time. Lawyer's reminder: Peasants' building houses is a major event for rural families, and if peasants illegally occupy homesteads to build houses without approval or by deceptive means, exceed the approval standards, and the competent departments of agriculture and rural affairs shall order them to return the illegally occupied homestead and demolish the newly built houses on the illegally occupied homestead within a time limit.

If rural villagers build houses without approval, or build houses beyond the approved standards, they will not only have to return the illegally occupied homesteads, but also demolish the newly built houses on the illegally occupied homesteads, and face huge economic losses. Therefore, when a farmer builds a house, he should submit an application to the people of the township (town) where he is located to build a house, and then build a house after approval.

Legal analysis: no penalty for excess area and no demolition Normal issuance of certificates, but the legal area and excess area will be indicated on the certificate If the land is expropriated in the future, the legal area will be compensated normally, and the compensation for excess area is relatively small.

Legal basis: Land Management Law of the People's Republic of China

Article 1 This Law is enacted in accordance with the Constitution in order to strengthen land management, maintain the socialist public ownership of land, protect and develop land resources, rationally utilize land, effectively protect cultivated land, and promote sustainable social and economic development.

Article 2 The People's Republic of China implements the socialist public ownership of land, that is, ownership by the whole people and collective ownership by the working masses. Ownership by the whole people, i.e. ownership of state-owned land is exercised by *** on behalf of the state. No unit shall occupy, buy or sell or illegally transfer land in other forms.

Land use rights may be transferred in accordance with law. The State may, for the sake of the public interest, expropriate or expropriate land in accordance with the law and provide compensation. The State implements a system of paid use of state-owned land in accordance with the law.

However, the State shall not allocate the right to use state-owned land within the scope prescribed by law.

Article 3 It is the basic national policy of our country to cherish and rationally use land and to effectively protect cultivated land. The people at all levels shall take measures to make comprehensive plans, strictly manage, protect and develop land resources, and stop illegal occupation of land.

Fourth State implementation of land use control system. The State prepares an overall land use plan, stipulates land use, and divides land into agricultural land, construction land and unused land. Strictly restrict the conversion of agricultural land into construction land, control the total amount of land used for construction, and implement special protection for cultivated land.

1. The property right certificate and land use right certificate of the part exceeding the approved area cannot be obtained. 2. Take the initiative to report to the examination and approval authority, and pay a certain amount of expenses such as temporary construction fees, etc., and there should be no fine. However, if the concealment has been verified, it may be regarded as a building that violates the Song's seal and will be required to be demolished within a time limit.

According to Article 62 of the Land Management Law of the People's Republic of China, a household in a rural area can only own one homestead, and the area of the homestead shall not exceed the standard set by the province, autonomous region or municipality directly under the Central Government.

Summary. No penalty will be imposed for the part exceeding 20 square meters. The part exceeding 20-70 square meters shall be fined 3 yuan per year

Hello dear, very high town Xixing to answer your <>

The treatment method of over-area building is as follows:1After the house exceeds the area, the part that exceeds the approved area cannot obtain the property right certificate and land use right certificate.

2.Those who build a house should take the initiative to report to the examination and approval authority and pay a certain fee. 3.

The area of imitation Lusui exceeding the standard can be indicated in the land registration book and the secretary column of the land right certificate

The total area is not exceeded, and there is an area of about 6 square meters indoors.

Dear, the following is an expansion <> for you

The over-area part of the building refers to the area of land, mainly in the construction process beyond the size of the homestead approval, and the excess part of the closure is an illegal construction. According to China's policy, the area of rural villagers' homestead land cannot exceed the standard set by the local government

Good relatives need to inform the audit authority of the specific situation of excess, and then pay the corresponding fees according to the size of the excess

The construction of a house cannot exceed the approval standard

The total area did not exceed the total area of the approved houses at that time.

After 17 years, can the house be over-the-top to apply for a real estate certificate, and is there this policy issued?

Kiss Yes, it is not possible to apply for a real estate certificate if it exceeds the area

What about fines. No penalty will be imposed for the part exceeding 20 square meters. The part exceeding 20-70 square meters shall be fined 3 yuan per year

Summary. Hello, the treatment of over-area construction is as follows: 1. Terminate the contract and return the paid purchase price.

2. Continue to perform the contract, and decide whether the buyer will make up or the seller will bear it independently or the seller will return and double the return according to the area error ratio and the agreed **. The penalty fee standards for rural construction exceeding the area are as follows: 1. No penalty fee will be charged for the part of the rural building area exceeding 20 square meters or less.

2. For the part of the rural building area exceeding 20 to 70 square meters, the standard fee of 3 yuan per square meter per year will be charged. 3. For rural housing construction area exceeding the standard area, every 50 square meters will be calculated according to the increase in the charging standard of 3 yuan per square meter. 4. If the total area of the house seriously exceeds the standard range, the excess homestead area has the right to be treated.

Hello, the treatment of over-area construction is as follows: 1. Terminate the contract and return the paid purchase price. 2. Continue to perform the contract, and decide whether the buyer will make up or the seller will bear it independently or the seller will return and double the return according to the area error ratio and the agreed **.

The penalty fee standard for rural construction exceeding the area is as follows: 1. No penalty fee will be charged for the part of the rural building area exceeding 20 square meters and below the potato clearance. 2. For the part of the rural building area exceeding 20 to 70 square meters, the standard fee of 3 yuan per square meter per year will be charged.

3. For the area of rural housing that exceeds the standard area of Hand Xun, every 50 square meters will be increased according to the fee standard of 3 yuan per square meter. 4. If the total area of the house is seriously beyond the standard range, it has the right to implement the treatment of the excess area of the pure front land of the homestead. <>

Hello, according to Article 77 of the Land Management Law of the People's Republic of China: Illegal occupation of land without approval or fraudulent means to obtain approval, 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. Confiscation of newly constructed buildings and other facilities on illegally occupied land may be accompanied by fines. The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with the imitation of the law of volatile land.