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In rural areas, it is not possible to build a house without approval. If such a thing happens, the person concerned is responsible and will be punished to a certain extent. However, the severity of the punishment depends on the specific circumstances.
For example, in the original homeHomesteadFines are indispensable for renovation and construction of houses without approval in residential areas that do not occupy arable land. This is what we have personally witnessed. However, if the house is built on effective farmland without approval, especially on basic farmland designated by the state.
, that is not as simple as a fine ! that must be dealt with as an illegal building , and it must be demolished within a limited period of time . ‬
To build a house in rural areas, personal conditions must meet the standard requirements. For example, when the children are older, they are facing the need to marry a wife and have children, and they have to prepare a marriage house. Secondly, it is necessary to report to the place where the household registration is located.
The village committee submitted a written application. After the village committee has passed the study, it will be submitted to the township for approval, and the township will also check and review it and issue a land use certificate.
and Permit Building. In addition, after the two certificates are sent to the village committee, the village committee must carry out planning and site selection, and after determining the scope, the peasant households need to build the house within a certain period of time. That's what makes it legal to build a house.
In rural areas, building houses without approval is a kind ofIllegal BehaviorIt is absolutely impossible to do it. If you violate the law, you will be punished for the light, and if you break the law, you will be punished for the worst of the day, and you will have to serve itCriminal liabilityTarget. So, what kind of consequences do the parties have to bear?
Here's how:
1. After the village committee finds out, it will immediately stop the construction to the head of the household, stop the construction immediately, and bear the losses caused by itself.
2. If the house has been completed and conforms to the village and town planning, the head of the household shall be ordered to go through the approval procedures at the same time as the punishment is carried out.
3. If the house does not conform to the village and town plan, there is only one article, forcibly demolished, and the head of the household does not demolish it, the village or town will organize the land law enforcement department to carry out the forced demolition, or the people's court will supervise the implementation of the demolition, and the losses and consequences caused shall be borne by themselves.
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It may be demolished, and many of the current houses cannot be built. If it is established, it is illegal to oneself
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Building such houses without approval is illegal, and if the village committee finds out, these houses will be demolished without any compensation.
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This is not allowed, and if it is discovered, it will be forcibly demolished and there will be certain penalties.
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Such an act is illegal, although the house has been built, but legally, the property rights of the house are not certain.
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It is illegal to build houses in rural areas without approval.
It needs to be dismantled. In fact, the rural housing policy was promulgated in 1986, but it was implemented in some places and not in others.
With the construction of a new countryside.
Increasingly, the need to build houses in rural areas in line with planning is increasingly on the agenda.
For example, if a village is about to be demolished, no more houses can be built, and the highway will be widened, and no more houses will be allowed to be built within the planned widening range on both sides of the highway. The street needs to be renovated, and the houses on both sides of the street that affect the street renovation must not only be specified, but even the style may have to be uniformly designed.
In this way, it is imperative that permission be granted to build houses in these places. If you think that it is, it is illegal to build houses after the demolition has been confirmed, and still build houses within the plan on both sides of the highway. If the house is still built after the demolition is confirmed, no compensation will be paid.
The built-in houses planned on both sides of the highway will also be demolished. As for the requirements on both sides of the village street to build houses according to the plan, if they do not abide by them, they will inevitably be opposed by the village rules and conventions.
Laws regulating the construction of houses in rural areas.
1. The Land Management Law stipulates:
1.Anyone who illegally occupies land without approval or by fraudulent means to obtain permission shall be ordered to return the illegally occupied land by the head department of natural resources of the people at or above the county level, and change the agricultural land into construction land without authorization in violation of the overall land plan.
demolish the new buildings within a time limit and restore the original appearance of the land; In line with the overall land use plan.
, confiscate new buildings and other facilities.
2.If a rural villager illegally occupies land to build a house without approval or by deception, the department of the head of agriculture and rural affairs of the people's department 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.
2. The Urban and Rural Planning Law stipulates:
Planning in townships and villages.
The district has not obtained a rural construction planning permit in accordance with the law.
or if the construction is not carried out in accordance with the provisions of the village planning permit, the people of the township or town shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.
What will be the consequences of building a house in the countryside in the future after approval?
1) Pay the fine and go through the formalities.
If some buildings have not gone through the formalities and are illegally built, but the degree of violation is not high and has no actual impact on the village planning, the parties concerned may be given a time limit to correct the illegal acts. If it is really necessary to build, you can pay a fine, and you can continue to build after completing the formalities for the building.
2) Directly carry out the demolition.
For those with a relatively high degree of violation, they occupy cultivated land or occupy basic farmland.
If the planning of the village has been seriously affected, and the provisions of the Land Management Law and the Town and Country Planning Law have been seriously violated, and corrective measures cannot be taken to eliminate such impact, the building shall be demolished within a time limit. If the building cannot be demolished, the physical goods or illegal income will be confiscated and a fine will be imposed.
3) Those who violate the criminal law may bear criminal liability.
For illegal occupation of cultivated land.
Those who build houses at will seriously violate the provisions of the "Land Management Law" and violate the criminal law shall bear criminal responsibility, and the main crime of criminal liability is the crime of illegal occupation of agricultural land.
Illegal transfer and resale of land use rights and other crimes.
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At present, when building houses on rural homesteads, they must also be approved by the Ministry of Housing and Urban-Rural Development, and if they do not go through, it is an illegal construction, and the state has the right to order demolition.
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It will lead to forced demolition by the village committee organs, because such houses are not recognized by the state without formal approval, and will also cause unnecessary economic losses.
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It is an illegal building that needs to be demolished, and this behavior is illegal and may be detained.
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Hello, if the rural construction has not been approved and has been abbreviated, the house is in principle an illegal building and there is a risk of being demolished. In addition, if there is a new construction of indiscriminately occupied cultivated land, the procedures cannot be supplemented. But there are exceptions:
For example, in 1987, China officially implemented the "Land Management Law", and the unlicensed houses built in 1986 are historical problems, and there is no problem of approval.
Another example: in 2008, the "Town and Country Planning Law" was implemented, and houses built in rural areas need to obtain a construction planning permit. If the construction is expanded before the promulgation and implementation of the law, and there is a complete land use right, it cannot be determined as an illegal construction without a permit.
It is recommended to base on the homestead.
In the case of historical use, in line with the situation of one household and one house, the land use procedures shall be handled in accordance with the law. If you are unable to complete the formalities, you will need to bear the risk of being demolished without compensation.
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You can apply to the village for re-application or to the local Ministry of Housing and Urban-Rural Development.
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Legal Analysis]: A building without approval is an illegal building, and it will generally not be forcibly demolished, but it can be applied to the court for demolition.
For illegal homesteads, the historical use and current status of the land shall be ascertained, and if it conforms to the overall land use plan, village and town planning and relevant land use policies, the approval procedures for land use shall be completed in accordance with the law, and the certificate shall be registered.
If the village homestead is occupied and the old is demolished and the new is built and the conditions for building a house are met, the legal area shall be re-issued. If there is no house, difficult households, dilapidated houses, etc., and one house is built without approval or less is approved to build more, the legal area shall be given supplementary procedures. To renovate a house on the original homestead with legal land use rights, there is no need to go through the land use procedures again, but the expansion must be approved.
Legal basis]: "Land Management Law of the People's Republic of China" Article 77 Anyone who illegally occupies land without approval or by fraudulent means to obtain approval by deception, shall be ordered to return the illegally occupied land by the competent department of natural resources of the people's people at or above the county level. 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.
If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.
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1. What happens if a rural house is built without approval?
1. Rural houses are built without approval, which is an illegal building, and the direct face is demolition. Generally, the parties organize the demolition by themselves, and if the parties do not carry it out, they can only carry out forced demolition. Illegal houses cannot use electricity, water, gas, communications and other services.
2. Legal basis: Article 42 of the Measures for the Administration of Affordable Housing.
Municipal and county people** and their relevant departments shall strengthen the investigation and handling of violations of discipline and law in the construction and transaction of affordable housing.
A) unauthorized change of affordable housing or fund-raising cooperation to build housing land, by the competent departments of land and resources in accordance with the relevant provisions of the punishment.
2) Unauthorized improvement of affordable housing or fund-raising cooperation in the construction and sale of housing and other illegal acts, by the competent department of the first shall be punished in accordance with law.
3) If a family that has not obtained the qualifications purchases affordable housing or participates in the fund-raising cooperation to build a house, the housing purchased or constructed by the fund-raising shall be purchased by the competent department of affordable housing at the price of the original housing within a time limit and taking into account depreciation and other factors; If it cannot be purchased, the competent department of affordable housing shall instruct it to make up the difference between the affordable housing or the unit to raise funds to build a cooperative house and the same type of ordinary commercial housing in the same area, and punish the relevant responsible units and responsible persons in accordance with the law.
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.
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The answer is no. In this matter, it depends on the situation, not only to abide by the law and regulations, to be fair and just, but also to pay attention to history, abide by the law and protect the legitimate rights of villagers, and not to mechanically apply a one-size-fits-all approach in law enforcement supervision.
If there is no license qualification for the house produced in history, it should be solved according to different historical periods, and land rights should be confirmed according to the basic principle of attaching importance to history in historical periods.
For filing, the definition of the time point of this matter varies from country to country.
For the Land Management Act.
Houses built without permission after the implementation should usually be based on the illegal circumstances and whether they meet the overall planning and apply for rural homesteads.
standard to solve. If the homestead application criteria are met, the house built privately due to the long-term non-approval of the district should be allowed to be re-qualified and retained. Because there are the responsibilities of the first department here, one-sidedly focusing on illegal handling violates the principle of equality.
For self-built houses built without permission where villagers only have one dwelling, it is necessary to consider how to ensure the villagers' right of residence, and even if it violates the overall plan, they should consider staying within the corresponding time, rather than demolishing them recklessly. In judicial operations, the people's court will not enforce against the only residence of the person subject to enforcement.
is a principle.
For villagers who indiscriminately occupy farmland to build houses, according to the relevant thinking, they are not all demolished. Previously, the relevant ministries and commissions issued a document clearly pointing out that according to the idea of the first TV conference, illegal occupation of agricultural land and permanent basic farmland.
Houses under construction, reconstruction, continuation, demolition or illegal sale, including residential, industrial and public utility management service houses, are all illegal constructions in the wind, and should be strictly investigated and dealt with in accordance with laws and regulations with a "never allowed" attitude to eliminate illegal situations. Focus on rectifying the actual illegal occupation of agricultural land by industrial and public utility management service projects, especially the occupation of permanent basic farmland; For residential houses, it is necessary to comprehensively consider the situation of ensuring the residential land of rural villagers, abide by the law and effectively deal with it, and focus on rectifying the situation of deliberately occupying land and building houses such as forcible occupation and illegal sale.
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Yes, because it is not approved, it is considered illegal in a sense, and the house will be demolished.
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