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Illegal construction on forest land should be forcibly demolished. Article 77 of the "Land Management Law" stipulates that if the land is illegally occupied 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, 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.
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Building a house on forest land is an illegal building and can be forcibly demolished.
According to the laws and regulations of our country, the construction of houses on forest land is an illegal construction, and the illegally occupied land will be ordered to be returned, and the newly built houses on the illegally occupied land will be demolished or confiscated within a time limit.
In accordance with Article 40 of China's "Urban and Rural Planning Law", if the "Building Land Planning Permit", the "Site Selection Opinion" and the relevant procedures for the land in the early stage have been obtained, and the final "Housing Construction Permit" or real estate property certificate can be obtained by correcting or completing certain procedures, the procedures can be re-completed, and the opportunity to correct or correct within a time limit should be given. If the land use right certificate has been obtained, but there is no real estate certificate, or there is no relevant planning procedures for the construction project, because a certain number of procedures have been obtained, but the license is incomplete, it can be reissued.
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Since it is an illegal building, the local administrative law enforcement department naturally has the right to require you to demolish it within a time limit, and has the right to take compulsory demolition measures if it is not demolished.
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Good morning lawyer, do you want to tear down the roof one meter away from the edge of the forest?
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It will definitely be demolished, and according to the relevant provisions of the Forest Law, the forest will be damaged by construction activities on forest land without permission, and compensation and restoration of trees shall be carried out in accordance with the law. Therefore, if someone builds a house illegally on forest land, the relevant departments can file a lawsuit with the court and apply for compulsory demolition.
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Illegal construction of forest land must be forcibly demolished. If the forest is damaged by construction activities on forest land without permission, compensation and restoration of trees shall be carried out in accordance with the law. Therefore, if someone illegally builds a house on forest land, the relevant authorities can file a lawsuit with the court and apply for compulsory demolition by the bank.
What is the standard for the identification of 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.
[Legal basis].Article 2 of the Land Management Law of the People's Republic of China.
The People's Republic of China implements the socialist public ownership of land, that is, the ownership of the whole people and the collective ownership of 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 or individual may occupy, buy, sell, or illegally transfer land in any other form. 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.
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Legal analysis: Yes, because it is illegal to build a house on one's own forest land without authorization, and the relevant units have the right to demolish the illegal building. However, after accepting the corresponding punishment, the head of the household can apply to the relevant unit for a forest land occupation permit in accordance with the law, and then apply for approval of construction land, so as to legalize the house he built, so as to avoid the situation of the house being demolished.
Legal basis: Article 2 of the Land Law of the People's Republic of China The following land belongs to the whole people, that is, the state: (1) land in urban areas; (2) Land in rural areas and suburbs that has been confiscated, expropriated, or requisitioned for state-owned land in accordance with law; (3) Land expropriated by the State in accordance with law; (4) Forest land, grassland, wasteland, tidal flats and other land that are not collectively owned in accordance with law; (5) Where all members of a rural collective economic organization are converted into urban residents, land originally owned by the collective ownership of its members; (6) Due to reasons such as state-organized migration, natural disasters, etc., the land that was originally owned by the Liangying relocated farmers that was no longer used after the collective relocation of the peasants into the organized land.
22nd: specific construction projects need to occupy the overall land use plan to determine the scope of the urban construction land State-owned construction land, in accordance with the following provisions: (A) the feasibility study of the construction project, by the land administrative departments of the construction project land related matters reviewed, the balance of the construction project land pre-examination report; When the feasibility study report is submitted for approval, it must be attached to the pre-examination report of the land construction project issued by the land administrative department.
B) the construction unit holds the relevant approval documents of the construction project, to the city and county people's land administrative departments to submit an application for construction land, by the city and county people's land administrative departments review, the development of land for the program, submitted to the city and county people for approval; Where the approval of the people at a higher level is required, it shall be reported to the people's ** at a higher level for approval. (C) after the approval of the land plan, by the city and county people's ** to the construction unit issued a construction land approval. Paid use of State-owned land, by the city and county people's land administrative departments and key to do land users to sign a contract for the paid use of State-owned land; Allocation of the use of State-owned land, by the municipal and county people's ** land administrative departments to land users issued a decision on the allocation of State-owned land.
4) Land users shall apply for land registration in accordance with the law. By bidding, auction to provide the right to use State-owned construction land, by the city and county people's land administrative departments in conjunction with the relevant departments to develop a program, submitted to the city and county people's land administrative departments for approval, by the city and county people's land administrative departments to organize the implementation, and land users signed land use contracts. Land users shall apply for land registration in accordance with the law.
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Generally speaking, illegal buildings on forest land can be forcibly demolished. Because this house is an illegal building, it can be forcibly demolished, and it will not be compensated, even if it is filed with the people's court, it is invalid, so when building a house and buying a house, you must go through the procedures in accordance with the relevant laws.
Legal Analysis: Generally speaking, illegal buildings on forest land can be forcibly demolished. Because this house is an illegal building, it can be forcibly demolished, and it will not be compensated, even if it is filed with the people's court, it is invalid, so when building a house and buying a house, you must go through the procedures in accordance with the relevant laws.
Illegal buildings on forest land can be forcibly demolished. The illegally occupied land will be ordered to be returned, and the newly built houses on the illegally occupied land will be demolished or confiscated within a time limit. Therefore, this kind of house is also an illegal house, which will be punished or demolished; If the house is not built in violation of regulations, it cannot be forcibly demolished.
In accordance with Article 40 of China's "Urban and Rural Planning Law", those who have obtained the "Building Land Planning Permit", "Site Selection Opinion" and the relevant procedures for the land in the early stage, and can obtain the final "Housing Construction Permit" or real estate property right certificate by correcting or completing certain procedures, can go through the supplementary procedures, and should be given the opportunity to correct or correct within a time limit. If the land use right certificate has been obtained, but there is no real estate certificate, or there is no relevant planning procedures for the construction project, because a certain number of procedures have been obtained, but the license is not complete, it can be reissued.
Legal basis: Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land The people's ** at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and the construction in violation of urban and rural planning shall be dealt with in accordance with the law.
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Summary. Dear, hello, I am very happy to be able to answer your question Can the fine for illegal construction of forest land not be demolished Answer: Hello, the following illegal construction can only be fined, not forced demolition:
1.small illegal structures that do not affect the lives of others; 2.Illegal construction that occupies collective land without authorization but has the consent of half of the villagers in the village; 3.
Illegal structures that belonged to the only place where peasants lived. Illegal construction refers to buildings that have not obtained a planning permit for construction projects or have not been constructed in accordance with the approved scope and content, which does not comply with the law. If the party concerned does not stop the construction or does not demolish it within the time limit after the competent department of urban and rural planning makes a decision to stop the construction or demolish it within the time limit, the relevant departments may be instructed to compel the demolition.
Where there are legally prescribed circumstances, only fines may be imposed. I hope mine can help you <>
Can the fine for illegal construction of forest land not be demolished?
Dear, hello, I am very happy to be able to answer your questions Can you not demolish the fine for illegal construction of forest land Answer: Hello, the following illegal construction can only be fined, not forced demolition: 1
small illegal buildings that do not affect the lives of others; 2.Illegal construction that occupies collective land without authorization but has the consent of half of the villagers in the village; 3.Illegal structures that belonged to the only place where peasants lived.
Illegal construction refers to buildings that have not obtained a planning permit for construction projects or have not been constructed in accordance with the approved scope and content, which does not comply with the law. If the party concerned does not stop the construction or does not demolish it within the time limit after the competent department of urban and rural planning makes a decision to stop the construction or demolish it within the time limit, the relevant departments may be instructed to compel the demolition. If the stool chain is permitted by law, it may only be fined.
I hope mine can help you <>
Legal basis: Article 64 of the "Urban and Rural Planning Law" has not obtained a construction project planning permit or has not been constructed in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently. Article 65 In the township or village planning area, if the first celebration permit for the rural construction plan is not obtained in accordance with the law, or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or township shall order the people to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it can be dismantled.
Illegal construction of one household does not have to be demolished. If the house is indeed found to be illegally built, such as seriously affecting the planning and occupying basic farmland, the illegal construction nature of the house will not be changed because it meets the requirements of "one household, one house", and it will be forcibly demolished. If there is no planning permit, under the condition that it does not violate the master plan and does not change the nature of the land, the relevant procedures for planning permission can also be completed on the premise that it meets the relevant policies such as one house per household and meets the local homestead area, and this situation will not be forcibly demolished. >>>More
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