Do you need approval to build a fence in a rural area, and do you need to approve a fence to build a

Approval is generally not required for the construction of fences in rural areas.

Legal analysis

Approval is generally not required for the construction of fences in rural areas, as long as it does not affect the legal rights of neighbors. While exercising their own lawful rights, citizens must not infringe upon the lawful rights of others. The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation, and lighting.

Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. Farmers generally do not need approval to build fences in their homesteads, as long as they do not affect the legal rights of neighbors, and the scope of homesteads is for farmers to build permanent buildings such as houses. The Constitution stipulates that citizens shall not infringe upon the legitimate rights of others while exercising their own lawful rights.

The adjacent parties to the immovable property shall, in accordance with the spirit of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness, correctly handle the adjacent relationship in areas such as water interception, drainage, passage, ventilation, and lighting. Where obstructions or losses are caused to neighboring parties, the infringement shall be stopped, the obstruction removed, and the losses compensated. Therefore, it is not necessary to approve the construction of a fence in one's own homestead.

An application is required to build a fence elsewhere in the countryside, and the rural fence must be within the red line of the legal (approved) construction area. The construction of a fence is the act of constructing a permanent structure within the land and therefore must be applied for and approved. For example, it is not possible to build a fence on the self-reserved land in the rural areas, because the self-reserved land is for peasant households to cultivate, and the only way to enclose it is to use other methods.

This is not the case with other farmlands, which must be applied for and approved.

Legal basis

Civil Code of the People's Republic of China

Article 288:Owners of adjacent rights to immovable property shall correctly handle adjacent relationships in accordance with the principles of conducive to production, convenience of life, solidarity and mutual assistance, and fairness and reasonableness.

Article 289:Where laws and regulations have provisions on the handling of adjacent relationships, follow those provisions; Where laws and regulations have no provisions, local customs may be followed.

Article 290:Owners of immovable property rights shall provide necessary facilities for the use of water and drainage by adjacent rights holders. The use of natural flowing water shall be reasonably distributed among the adjacent rights holders of the immovable property. The discharge of natural flowing water shall respect the natural flow direction.

Do I need to approve the construction of a fence on the forest land of the rural collective land certificate?

Legal Analysis: Yes. The construction of the fence must be approved by the planning bureau, and the construction permit can only be built after the construction permit, and the specific procedures should be consulted with the local planning bureau, and the standards are different in each place.

According to the relevant laws and regulations, legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 41 In the township and village planning area for the construction of township enterprises, rural public facilities and public welfare undertakings, the construction unit or individual shall apply to the township and town people, and the township and town people shall report to the city and county people's urban and rural planning departments for issuance of rural construction planning permits. The planning and management measures for the use of original homestead land for the construction of rural villagers' houses in township and village planning areas shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

The construction of township enterprises, rural public facilities and public welfare undertakings, as well as the construction of rural villagers' residences in township and village planning areas, shall not occupy agricultural land; If it is necessary to occupy agricultural land, it shall be in accordance with the relevant provisions of the Land Management Law of the People's Republic of China after going through the approval procedures for the conversion of agricultural land, and the competent departments of urban and rural planning of the city and county shall issue rural construction planning permits. The construction unit or individual can only go through the approval procedures for land use after obtaining the rural construction planning permit.

Approval is not necessarily required to build a fence.

According to the relevant laws and regulations, in the township and village planning area for the construction of township enterprises, rural public facilities and public welfare undertakings, the construction unit or individual shall apply to the township and town people, and the township and town people shall report to the urban and rural planning departments of the city and county for issuance of rural construction planning permits. The planning and management measures for the use of original homesteads for the construction of rural villagers' houses in the planning and management areas of townships and villages shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The construction of township enterprises, rural public facilities and public welfare undertakings, as well as the construction of rural villagers' residences in township and village planning areas, shall not occupy agricultural land; If it is really necessary to occupy agricultural land, it shall be in accordance with the relevant provisions of the Land Management Law after going through the approval procedures for the conversion of agricultural land, and the urban and rural planning departments of the city and county shall issue rural construction planning permits.

The construction unit or the individual can only go through the approval procedures for land use after obtaining the rural construction planning permit.

Legal basis] Urban and Rural Planning Law of the People's Republic of China

Article 41 In the township or village planning area for the construction of township enterprises, rural public facilities and public welfare undertakings, the construction unit or individual shall apply to the township or town people, and the township or town people shall report to the urban and rural planning departments of the city and county for issuance of rural construction planning permits.

The construction of fences in rural areas generally does not require approval, but they shall cooperate with each other to take into account their interests, and at the same time shall not harm the lawful rights of neighboring others; The construction of urban fences requires approval, and can only be built after going to the Planning Bureau of the Imitation Bureau for approval and obtaining a construction permit.

Article 288 of the Civil Code.

The adjacent rights holders of immovable property shall correctly handle the adjacent relationship in accordance with the principles of conducive to production, convenient life, solidarity and mutual assistance, fairness and reasonableness.

Article 292.

Where the owner of the immovable property rights must use adjacent land or buildings for the purpose of constructing, preparing and repairing buildings, or laying wires, cables, water pipes, heating and gas pipelines, etc., the rights holder of the land or buildings shall provide necessary conveniences.

Article 293.

The construction of buildings shall not violate the relevant national engineering construction standards, and shall not obstruct the ventilation, lighting and sunshine of adjacent buildings.