What are the procedures required to build a self built house to be considered legal?

Updated on Three rural 2024-07-29
4 answers
  1. Anonymous users2024-02-13

    1. The applicant first applies to the village committee and fills in the "Application Form for Building a House", noting that the applicant here is generally only the head of the household.

    2. After the village committee meets and discusses, those who meet the conditions for building a house shall sign an opinion and affix the official seal. If the application is not met, the application will be rejected and the reasons will be explained.

    3. The village committee will submit the application to the Township Construction Office, and the staff of the Township Construction Office will conduct a preliminary review and organize personnel to conduct on-site investigations.

    4. For those who meet the requirements, publish the preliminary opinions, and if no one objects, it will be reported to the County Land and Resources Bureau for approval.

    5. After receiving the materials, the county land and resources bureau will charge a certain percentage of the building guarantee fee and issue a building permit.

    6. After getting the building permit, you can start building the house, but before the start of construction, it must be reported to the Township Construction Office, and the Township Construction Office will organize personnel to go to the site to check the pile positioning and implement the whole process management.

    7. After the completion of the construction, the applicant shall apply to the Township Construction Office for completion and acceptance.

    8. The Township Construction Office, in conjunction with the relevant departments of the county, will conduct on-site inspections, issue a certificate of completion acceptance, and then return the construction deposit.

    9. The applicant shall apply for the registration of real estate rights with the Land Bureau with the acceptance certificate.

    10. Obtain the house ownership certificate.

    Legal basis: Article 18 of the Regulations on the Management of Planning and Construction of Villages and Market Towns.

    Rural villagers who build houses in the planning areas of villages or market towns shall first submit an application for building houses to the village collective economic organization or villagers' committee, and after discussion and approval by the villagers' meeting, they shall handle it in accordance with the following examination and approval procedures:

    A) the need to use cultivated land, by the township-level people's ** review, county-level people's ** construction administrative departments review and agree and issue a site selection opinion, in accordance with the "land management law" to the county-level people's ** land management department to apply for land, approved by the county-level people's ** land management department, by the county-level people's ** land management department allocation land;

    2) The use of the original homestead, vacant land in the village and other land shall be approved by the township-level people in accordance with the village, market town planning and land use planning. Urban non-agricultural residents who need to use collectively owned land to build houses in the planning area of a village or market town shall, with the consent of their unit or residents' committee, handle it in accordance with the examination and approval procedures provided for in item (1) of the preceding paragraph. Workers, veterans, retired and retired cadres, and overseas Chinese, Hong Kong, Macao, and Taiwan compatriots who have returned to their hometowns to settle down in their villages or market towns and need to use collectively owned land to build houses in the planning areas of villages and market towns, shall handle the examination and approval procedures provided for in item (1) of the first paragraph of this Article.

  2. Anonymous users2024-02-12

    Legal analysis: It is necessary to apply to the district (county) planning and construction department to obtain planning permission and construction permit approval procedures, and apply for the property certificate with the above procedures after the construction of the house.

    Legal basis: Construction Law of the People's Republic of China

    Article 1 In order to strengthen the supervision and management of construction activities, maintain the order of the construction market, ensure the quality and safety of construction projects, and promote the healthy development of the construction industry, this law is formulated.

    Article 2 Engaging in construction activities within the territory of the People's Republic of China and implementing the supervision and management of construction activities shall comply with this Law.

    The term "construction activities" as used in this Law refers to the construction of all kinds of housing buildings and their ancillary facilities and the installation of lines, pipelines and equipment supporting them.

  3. Anonymous users2024-02-11

    1. What are the precautions for self-built houses?

    1. The precautions for self-built houses are as follows:

    1) The self-built house needs to be based on the frame structure, its seismic and wind resistance performance is excellent, and the housing rate is very large, it is more time-saving and labor-saving to build, and its beams and columns are manufactured according to the standard, so the construction is very convenient;

    2) Self-built houses are not suitable for construction in any area, such as low-lying places, newly backfilled land, farmland, garbage dumps, waste wells, etc., which are not suitable for construction, otherwise it will have an impact on water resources and foundations;

    3) Most of the self-built houses are built by the owners themselves or hire workers, but when hiring, it is necessary to ensure that the team meets the specifications, and the workers are not skilled in technology, it is easy to have problems, and the sketches of the building need to be planned first, and the work can be supervised every day, so as to ensure the quality of the house.

    2. Legal basis: Article 38 of the Land Management Law of the People's Republic of China.

    It is forbidden for any unit or individual to idle or abandon cultivated land. Where cultivated land occupied by non-agricultural construction that has gone through the examination and approval formalities and is not used within one year but can be cultivated and harvested, the collective or individual that originally cultivated the cultivated land shall resume cultivation, and the land-using unit may also organize cultivation; If the construction has not started for more than one year, the idle fee shall be paid in accordance with the provisions of the province, autonomous region and municipality directly under the Central Government; If it has not been used for two consecutive years, with the approval of the original approval authority, the land use right of the land-using unit shall be recovered by the people at or above the county level without compensation; If the land was originally owned by a peasant collective, it shall be handed over to the original rural collective economic organization for resumption of cultivation.

    2. What are the working procedures for the safety inspection and appraisal of self-built houses?

    1. Formulate a comprehensive testing plan and report to the Housing Quality Inspection and Appraisal Center for technical review and approval;

    2. Investigate and collect information on the construction, use and repair of the structural system of the house;

    3. Establish design documents such as general plan, building plan, elevation, section, structural plan, and section of main components;

    4. Samples of load-bearing structural materials of houses should be taken and tested on site, and the sampling number and location of components should comply with the design verification and relevant standards, and the sampling parts should contain representative damaged components;

    5. According to the measured mechanical properties of the housing structural materials, according to the existing load, usage and housing structure system, establish a reasonable calculation model and check the existing bearing capacity of the house;

    6. According to the measured mechanical properties of the structural materials of the house, according to the existing load situation and the structure system of the house, and with the characteristics of the response spectrum in the region, establish a reasonable calculation model, check the existing seismic capacity of the house and review the seismic structural measures;

    7. Check the operation status of housing equipment;

    8. Based on the above evidence, form a housing quality inspection and appraisal report with reference to relevant specifications.

  4. Anonymous users2024-02-10

    Self-built houses in rural areas require land use certificates and urban construction planning permits. After handling the initial registration of villagers' housing ownership, the housing registration agency shall announce the application for registration within the rural collective economic organization where the house is located. If there is no objection after the announcement or the objection will not be sustained, it can be registered.

    Like urban houses, self-built houses also have property ownership certificates. Article 362 of the Civil Code: 68 The right to use homestead land shall enjoy the right to occupy and use the land owned by the collective in accordance with the law, and shall have the right to use the land to build residential buildings and ancillary facilities in accordance with the law. Article 363 68 If the right to use homestead land is acquired, exercised or transferred, the law on land management and the relevant provisions of the State shall apply.

    Article 364:68 Where a homestead is lost due to natural disasters or other reasons, the right to use the homestead shall be extinguished. Villagers who have lost their homestead land shall be redistributed to their homestead land in accordance with law. Article 365 68 Where the registered right to use a homestead is transferred or extinguished, the registration shall be changed or cancelled in a timely manner.

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