Individuals can t build houses on basic farmland, so why can they be built once they are developers?

In China, the protection of fields is very strict, and no individual or enterprise can occupy or change the land. Agricultural land.

It is used for cultivated land, and basic farmland cannot be built by itself, nor can real estate developers build it. But many of our friends around us have encountered developers who have built houses on the fields and sold them normally, why is this?

First of all, let's understand what is basic farmland? How is it different from ordinary farmland? Basic farmland refers to China's needs for agricultural products according to the population and social development at a certain time, according to the overall land use plan.

Identified non-occupying agricultural land.

Basic farmland is a type of agricultural land.

General farmland is also a part of agricultural land, which is not so harsh compared to basic farmland, and this kind of field is generally poor land resources and long-term desolate agricultural land. Such fields can be occupied in a compliant and lawful application approval environment, such as newly created rural homesteads.

You can build a house. Different from ordinary farmland, English basic farmland cannot be approved for construction under normal circumstances, and basic farmland cannot be occupied unless it is not a special premise.

On the basic farmland, you can't build a house, and real estate developers can't build a house. But outside of these conditions! Basic farmland is the highest level of rural land contracting, and the land can only be used for building houses after going through the procedures for converting agricultural land into basic construction land.

If you apply for this procedure, not only the real estate developer can build a house, but also the person can build a house. In fact, there is no difference between individuals and real estate developers, and if they want to build a house on the field, they must go through the procedures for agricultural conversion. Through this procedure, both individuals and real estate developers can build houses.

In addition, under special circumstances, it is possible to occupy basic farmland to build China's key construction projects.

However, I am not qualified to contract, and I do not have a key project with large working capital. The real estate chamber of commerce has funds, material resources, human resources, and bidding for key construction projects in China, so everyone mistakenly thinks that they cannot occupy basic farmland to build houses, while real estate developers can. In other words, whether it is an individual or a real estate developer, if they want to build a house on basic farmland, they cannot go through the procedures for agricultural conversion, in other words, they cannot go through the procedures for agricultural conversion, and they cannot build a house.

Unless it is to carry out planning adjustments and transfer the land to basic farmland.

Basic farmland is limited to the land occupied by rural peasants for construction. The developer can build it because the land is in the hands of farmers, it is basic farmland, and it cannot be built; If the developer wants to build a house on this land, there will be relevant departments to go through the procedures to change the nature of the land use, and the land acquisition auction happens to be auctioned by the developer, and this land is not basic farmland, and you can build a house.

Basic farmland is the land that is restricted to rural farmers. Developers can build it, because this land is in the hands of farmers, and it is basic farmland that cannot be built; If the developer wants to build a house on this land, the relevant authorities will go through the procedures to change the nature of the land use. The land acquisition auction happened to be auctioned by this developer, so it was not basic farmland.

Because the developer is to develop the economy and drive the local people to make a fortune, and the developer will also go through a series of application work before building a house.

1. Cultivated land can be used to build houses, but the following conditions need to be met.

First, the household applying for housing construction must be a houseless household or a household lacking housing among the members of the village's collective economic organization, meet the conditions for building a house, and a household can only own one homestead, and there is no selling, renting, or donating homestead;

Second, the occupation of cultivated land must conform to the territorial spatial planning, village planning and rural settlement layout, and priority should be given to the use of idle land and idle homesteads in the village, and permanent basic farmland, grain functional areas and high-standard farmland shall not be occupied;

Third, the occupation of cultivated land must be submitted for approval in accordance with the provisions of the approval procedures for the conversion of agricultural land, and the legal obligation to balance the occupation and compensation of cultivated land must be fulfilled. The authority for examination and approval of the conversion of rural villagers' homestead agricultural land shall be delegated by the original provincial-level people's ** to the county-level people** for approval.

Second, why rural people can build houses everywhere should be viewed according to the situation

1) In the past, there was a general lack of approval and supervision for individual construction of houses by rural villagers, and most villagers thought that this is my land, and I will build a house if I want to, who can control it; Many rural villagers' houses are under construction without approval or after completion, and it is difficult to enforce punishments, resulting in a large number of illegal houses;

(2) When the local government allocates new construction land in the annual plan, it is often a key construction project to ensure the locality, and little consideration is given to rural homesteads, which is far from meeting the reasonable housing needs of rural villagers. In many places, due to planning and other factors, homestead land has not been approved for more than ten years, and rural villagers can only build it in violation of the law;

3) After the promulgation of the new "Land Management Law" and the "Regulations for the Implementation of the Land Management Law", the state has paid more attention to the protection of cultivated land and food security, and has taken effective measures against rural villagers illegally occupying cultivated land to build houses. In July 2020, the national television conference on the rectification of the problem of indiscriminate occupation of cultivated land and building houses clarified the "eight prohibitions":

First, it is forbidden to occupy permanent basic farmland to build houses;

Second, it is forbidden to forcibly occupy more farmland to build houses;

Third, it is forbidden to buy, sell, or transfer cultivated land to build houses;

Fourth, it is forbidden to illegally build houses on contracted farmland;

Fifth, it is forbidden to illegally occupy farmland and build houses under false pretenses;

Sixth, it is forbidden to occupy farmland to build houses in violation of the "one household, one house" provision;

Seventh, it is not allowed to illegally occupy farmland to build houses;

Eighth, it is not allowed to illegally approve the occupation of cultivated land to build houses;

4) From July 3, 2020, all rural housing construction must be "approved first and then constructed", and if "construction before approval" causes indiscriminate occupation of cultivated land, it will be regarded as "new occupation of cultivated land to build houses" and will be demolished. For villagers who have caused the indiscriminate occupation of farmland and building houses, they should fully cooperate with the implementation of rectification, and if they refuse to make corrections, the relevant law enforcement departments shall take compulsory measures to carry out rectification. If villagers obstruct official law enforcement by means of violence, threats, or other means, the public security organs will severely punish them in accordance with the law.

where a crime is constituted, the criminal responsibility of the relevant responsible persons is pursued in accordance with law.

To sum up, if rural villagers want to build houses, regardless of whether they occupy cultivated land or not, they must be examined and approved in accordance with the regulations and in accordance with the law. Building houses without approval may cause great losses, especially if a house is built without approval on cultivated land, which will have to be demolished and recultivated.

No, the soil of the cultivated land is relatively soft, which is not suitable for building a house, which is very dangerous, so it is not recommended to build a house on such land.

No, because China's law has clear provisions that it is not allowed to build a house on cultivated land, and the cultivated land will be protected, and the cultivated land is generally relatively soft and not suitable for building a house.

Houses cannot be built on cultivated land, because according to the laws of the country, residents do not have the right to build their own houses on cultivated land.

You can't build a house, because farming is not allowed by law. Strictly prohibited.

You can't build a house, because this land is used for farming, and it is not allowed by law, and it is strictly forbidden in our country.

No, the soil of the cultivated land is strong and strong, which is not suitable for building a house, and it is very dangerous to build a house on the land that is permitted.

Houses cannot be built within the scope of cultivated land.

1. Non-basic farmland is a homestead, and I submit an application to the villagers' committee, report to the planning department and the land and resources department after field survey, fill in the information and submit it for approval.

2. According to the relevant laws and regulations, a rural villager household can only own one homestead, and the area of the homestead shall not exceed the standard stipulated by the province, autonomous region and municipality directly under the Central Government. When rural villagers build houses, they shall conform to the overall land use plan of the township and township, and use the original homestead land and vacant land in the village as much as possible. The residential land of rural villagers shall be reviewed by the township people and approved by the people at the county level;

3, rural villagers without approval or fraudulent means to obtain approval, illegal occupation of land to build a house, by the people's land administrative departments at or above the county level ordered to return the illegally occupied land, demolition of the illegally occupied land on the newly built houses within a time limit.

Land Management Law of the People's Republic of China

Article 62.

Rural villagers can only own one homestead per household, and the area of their homestead must not exceed the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

In areas where per capita land is small and it is not possible to guarantee that a household has a homestead land, the people at the county level may, on the basis of fully respecting the wishes of rural villagers, take measures to ensure that rural villagers have a place to live in accordance with the standards set by provinces, autonomous regions, and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan and village plan of the township (town), shall not occupy permanent basic farmland, and shall use the original homestead land and vacant land in the village as much as possible. The preparation of township (town) land use plans and village plans shall make overall plans and reasonable arrangements for homestead land to improve the living environment and conditions of rural villagers.

The residential land of rural villagers shall be reviewed and approved by the people of the township (town); Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell, lease, or donate their dwellings and then apply for homestead land shall not be approved.

The State allows rural villagers who have settled in urban areas to voluntarily withdraw from their homesteads with compensation in accordance with the law, and encourages rural collective economic organizations and their members to revitalize and utilize idle homesteads and idle residences.

The competent departments of agriculture and rural affairs are responsible for the work related to the reform and management of rural homesteads nationwide.

1. According to the relevant provisions of the law, it is not allowed to build houses on land, but in rural areas, many people are occupying arable land or fields to build houses. If you don't have a homestead but meet the conditions for applying for a homestead, even if you don't approve it, it's not a big problem, it's illegal but reasonable. However, there will be a loss in terms of compensation for demolition or expropriation.

2. According to the regulations, the land resources in our country belong to the state or the collective, and they only have the right to use, but not the right to own, and the house is a fixed asset owned by themselves, and the ownership of the land cannot be changed without the approval of the land and resources department and other relevant departments. It is subject to approval by the relevant authorities.

Summary. Pro-<>

After illegally occupying farmland for building houses, the relevant departments will impose fines on the rural house builders or demolish the rural self-built houses within a time limit according to the actual situation. Article 45 of the Land Management Law stipulates that land owned by peasant collectives can only be occupied for the needs of the public interest, such as land for military and diplomatic needs, land for infrastructure such as transportation and water conservancy, land for poverty alleviation and relocation, and land for affordable housing projects.

Whether basic farmland can be applied for to build a house.

Hello <>dear, I will answer this question for you, whether the basic farmland can be used to build a house: it cannot be used to build a house. Wang Hong's rural farmland is not allowed to build houses.

According to the "Regulations on the Protection of Basic Farmland", no unit or individual is allowed to build houses, build graves, quarry, mine, take soil, or carry out other activities that damage basic farmland within the farmland protection area.

After the <> is found to have illegally occupied farmland to build houses, the relevant departments will, according to the actual situation, impose fines on the rural house builders or demolish the rural self-built houses within a time limit. Article 45 of the Land Management Law stipulates that only land owned by peasant collectives can be occupied for the needs of public interests, such as land for military and diplomatic needs, land for infrastructure such as transportation and water conservancy, and land for poverty alleviation and relocation, and land for affordable housing projects.

Houses built on basic farmland must be demolished: China implements a system for the protection of basic farmland and cultivated land, and it is forbidden for any unit or individual to repair and sell houses on basic farmland, and the department of natural environment and resources may take measures such as demolishing and imposing fines within a time limit.

Article 17 of the Regulations on the Protection of Basic Farmland prohibits any unit or individual from building kilns, houses, graves, digging sand, quarrying, mining, taking soil, piling up solid wastes, or carrying out other activities that damage basic farmland in the basic farmland protection zone. It is forbidden for any unit or individual to occupy basic farmland to call sheds for the development of forestry and fruit industry and to dig ponds for fish farming. and Simplicity.

Conclusion:According to the Land Management Law of the People's Republic of China (revised in 2004), rural farmland may not be used for building houses.

Article 36, paragraph 2, of the Act clearly reads as follows:

It is forbidden to occupy cultivated land to build kilns or graves, or to build cultivated land without authorizationBuild a house, sand digging, quarrying, mining, soil extraction, etc. ”

According to Article 4 of China's Land Management Law, China's land is implemented "".Land use control systemThat is, the land use is planned by the state, and any unit or individual must use the land in strict accordance with the use determined in the overall land use plan. This article divides land into agricultural land, construction land and unused land, and:Strictly restrict the conversion of agricultural land into construction landto control the total amount of construction landSpecial protection shall be given to cultivated land。Agricultural land refers to land that is directly used for agricultural production, including:Arable land, woodland, grassland, farmland water use land, aquaculture water surface, etc.