How many square meters of self built houses are illegal construction

1. There is no provision on how many square meters each household is illegal construction, as long as there is a planning permit or construction in accordance with the requirements of the planning permit, it is legal and not an illegal construction.

2. Otherwise, administrative actions such as demolition within a time limit will be taken according to different circumstances. Illegal construction refers to buildings, structures and other engineering facilities built in violation of legal provisions; "Illegal construction in violation of planning" refers to buildings, structures and other engineering facilities built in violation of laws and regulations on planning and management.

Legal basis: Article 78 of the Land Management Law of the People's Republic of China.

Generally, more than 120 square meters is considered illegal construction.

The standard area of homestead land for each household in rural areas is 80 to 120 square meters, and the area of houses to be built cannot exceed the area of homestead land. If the house is built using arable land, the total area cannot exceed 130 square meters. The total area of the house should not exceed 210 square meters.

The building cannot exceed three floors, and the total area cannot exceed 360 square meters. Townhouses cannot exceed four floors and the total area cannot exceed 450 square meters.

For a family of 3 people or less, the building area cannot exceed 80 square meters. For families of more than 3 people, for each additional 1 person, the floor area can be increased by 20 square meters. Single-child families can add 20 square meters of house floor space.

Article 18 of the Regulations on the Administration of Planning and Construction of Villages and Market Towns Where rural villagers build houses in the planning area of villages and market towns, they shall first submit an application for building a house to the village collective economic organization or the villagers' committee, and after discussion and approval by the villagers' meeting, it shall be handled 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 who have returned to their villages or market towns to settle down, as well as overseas Chinese, Hong Kong, Macao and Taiwan compatriots who have returned to their hometowns to settle down, 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.

The area standard of the homestead land for newly built houses of rural villagers:

1) In the suburbs, rural market towns and polder areas, each chain of lead households shall not be over-grinding more than 160 square meters;

2) In the Huaibei Plain area, each household shall not exceed 220 square meters;

3) In mountainous and hilly areas, each household shall not exceed 160 square meters; If a house is built on barren mountains or wasteland, each household shall not exceed 300 square meters.

Rural houses are fined more than 120 square meters. In the national regulations on the excess area of rural houses, the first is the punishment for over-occupying the homestead, and the second is the punishment for illegal occupation of cultivated land, which is the punishment for the situation of multiple houses in one household. 1. In the new round of land confirmation, the implementation of the over-occupied part is not confirmed in principle, and the excess part of the homestead is not a farmer, and it should be marked and explained on the confirmation certificate.

At present, some areas need to implement the form of taxation for the over-area homestead (** is stipulated to be less than 120 square meters as the standard), that is to say, the part of the farmers who exceed the homestead is to pay taxes, and the amount of fees to be paid depends on the local policy, the economy and the specific situation of the local payment standards.

2. Punishment for illegal occupation of cultivated land In the accelerating social urbanization, agricultural land will naturally become less and less, but agriculture is the material basis of social development, and the phenomenon of reducing or distributing cultivated land must be paid attention to, so the state has newly launched the red line of guarding 1.8 billion mu of cultivated land, and the phenomenon of peasant households occupying more than they get, Daniel Zhang, agricultural land for non-agricultural construction, which is the corresponding economic punishment for farmers who build houses, that is, the need to pay arable land occupation tax. 3. The punishment of more than one house stipulates that China implements the homestead system of one household and one house, but in some areas, it is not excluded that there is a situation of more than one house, for this situation, the state is currently dealing with the right not to the farmers, so the excess of the homestead part, if the land is expropriated, is not able to get compensation for demolition, and in the future, the excess homestead may also be processed.

Legal analysis: No matter how much the rural homestead is exceeded, the excess part is considered an illegal building, and only a residential building can be built within the area specified in the homestead certificate. If there is an exceeding, is suspected of illegal occupation of land without approval, but also in violation of land management laws and regulations, by the people's land administrative departments at or above the county level to deal with.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards prescribed by the provinces, autonomous regions and municipalities directly under the Central Government.

Summary. According to the provisions of the "Measures for the Management of Rural Collective Construction Land", the construction scale of rural collective construction land shall be in line with the overall land use plan and annual plan, and the construction area shall not exceed the actual needs of the planned use and the collective economic carrying capacity, and in principle, the construction area of a single building shall not exceed 300 square meters. In the Regulations of Guangdong Province on the Administration of Rural Land Use, the scale of rural residential construction is stipulated, in which the total area of a single or conjoined building shall not exceed 300 square meters, and shall not exceed 50% of the construction land area.

According to the provisions of the "Measures for the Management of Rural Collective Construction Land", the construction scale of rural collective construction land shall be in line with the overall plan and annual plan of the Land Bureau, and the construction area shall not exceed the actual needs of the planned use and the economic carrying capacity of the collective socks, and in principle, the construction area of a single building shall not exceed 300 square meters. In the Regulations of Guangdong Province on the Administration of Rural Land Use, the scale of rural residential construction is stipulated, in which the total area of a single or conjoined building shall not exceed 300 square meters, and shall not exceed 50% of the construction land area.

According to the above regulations, if the construction area of a single building exceeds 300 square meters, or exceeds 50% of the construction area, it will be considered as illegal construction. However, the specific situation needs to be judged and handled according to the relevant local regulations. Therefore, when building a house in a rural area, it is necessary to comply with the local regulations and policies of the rental state, ensure that the house is built in accordance with the requirements of relevant laws and regulations, and avoid the risk of illegal construction.

Hello dear, generally speaking, building a house in a rural area of more than 50 square meters is considered illegal. Legal analysis: According to Article 16 of the Construction Law of the People's Republic of China, the construction area of residential buildings built in rural areas shall not exceed 50 square meters.

According to Article 76 of the Construction Law of the People's Republic of China, any unit or individual who carries out construction in violation of the provisions of this Law without permission shall be sentenced to administrative punishment such as being ordered to demolish, make corrections or be subject to administrative detention. Buildings of more than 50 square meters are generally considered illegal buildings because they have not gone through legal construction procedures and have not obtained construction permits, so they will be subject to corresponding administrative penalties.