Three kinds of illegal buildings in rural areas can not be demolished

Three types of illegal buildings in rural areas that can not be demolished include:

1. Although some rural households in rural areas own multiple homesteads and residences, the total area of homesteads does not exceed the rural homestead land standard, and the houses of such homesteads do not need to be demolished, and the homesteads will not be recovered;

2. A large number of illegal buildings caused by legacy reasons objectively exist and do not need to be demolished;

3. Houses that have been included in the scope of local expropriation and demolition, even if they are later determined to be illegally built, cannot be demolished at this time, and are not allowed.

Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space, damaging the ecological environment, etc., and many illegal buildings are still hidden in legal buildings. Illegal buildings damage the credibility of the city, destroy the urban landscape, restrict the healthy development of the city and the implementation of urban and rural planning, and also affect the future development of the city. The state stipulates that not only the illegal building shall be demolished, but the party involved in the illegal construction shall also bear all the costs incurred in demolishing the illegal building.

Illegal construction refers to the construction of new buildings, expansion and reconstruction in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or using deceptive means to obtain approval and occupying land for new construction, expansion and reconstruction. Generally, it refers to the construction of buildings that have not obtained the construction project planning permit or violated the relevant content of the construction project planning permit.

There are different situations of illegal buildings according to the degree of their "violations". On the surface, in terms of whether the builder has the right to use the land, the illegal building can be roughly divided into two types: first, the builder has not obtained the land use right, so he cannot obtain the building permit; The second is the construction of illegal buildings on the land on which the land has obtained the right to use the land, that is, the construction of buildings without obtaining a building permit, although they have the right to use the land within the scope of the building to construct houses and other buildings.

[Legal basis].

Guiding Opinions of the People's Republic of China on Regulating the Discretionary Power of Administrative Punishment in Urban and Rural Planning》 Article 9 The demolition of illegal construction may affect the safety of adjacent buildings, damage the legitimate rights and interests of non-fault stakeholders or cause significant damage to the public interest, illegal buildings may not be demolished.

*Yes**, the following three types of illegal buildings in rural areas can not be demolished:

1.Small-scale illegal construction that does not affect the lives of others.

2.The construction of houses on collective land occupied without approval is carried out with the consent of half of the villagers.

3.The only dwelling of the peasant.

In rural areas, except for the above three types of illegal houses, which do not need to be demolished, the rest of the illegal houses will be ordered to be demolished by the relevant departments.

There are three types of illegal construction in rural areas that can not be demolished: the first is a small-scale illegal construction that does not affect the lives of others, the second is the construction of houses on collective land occupied without approval, with the consent of half of the villagers, and the third is the only residence of the peasants. In addition to the above three illegal houses, which do not need to be demolished in rural areas, the rest of the illegal houses will be ordered to be demolished by the relevant departments.

Illegal construction refers to houses built on rural land without approval in accordance with the law, as well as houses that do not apply for construction planning permits or construction permits in accordance with regulations.

For illegal houses, if the parties do not stop the construction or do not demolish them within the time limit, the local people at or above the county level may seal the construction site and compel the demolition.

According to the provisions of China's land law, the residential land in rural areas must be a house per household.

There are three types of illegal construction in rural areas that can not be demolished: (1) the first is a small-scale illegal construction that does not affect the lives of others; (2) The second is to build a house on the collective land occupied without approval, with the consent of half of the villagers, and (3) the third is the only house for the peasants in the bureau. Except for the above three illegal houses that do not need to be demolished in rural areas, the rest of the illegal houses will be ordered to be demolished by the relevant departments.

The three types of illegal construction in rural areas that can not be demolished and illegal construction refer to houses that are built on rural land without approval in accordance with the law, and houses that are not sold in accordance with the regulations to build a planning permit or a permit for construction. If the owner of the illegal building does not believe in the construction or does not demolish it within the time limit, the local people at or above the county level can seal the construction site and force the demolition.

Hello dear, here is a help to find out three kinds of illegal construction in rural areas that can not be demolished: according to the "Regulations on Urban Housing Demolition and Compensation" and the "Regulations on the Management of Rural Collective Construction Land", in rural areas, the following three types of houses may be exempted from demolition: 1

Legally constructed rural tourism facilities such as farmhouses and homestays; 2.legally constructed public facilities such as rural schools, hospitals, and cultural activity venues; 3.Legally constructed individual housing, but required not to occupy collective land, subject to approval and payment of relevant fees.

It should be noted that the houses exempted from demolition above must be legally constructed and there is no illegal construction. If the construction of the house is illegal, even if it falls under the three cases of sailing and concession, it still needs to be demolished according to the law. In addition, policies and standards may vary in different regions, and whether demolition is necessary depends on local policies and regulations and actual conditions.

Summary. 1. Owning multiple homesteads and residences, but the total area of the homestead does not exceed the rural homestead land standard; 2. A large number of illegal buildings caused by legacy reasons objectively exist and do not need to be demolished; 3. Houses that have been included in the scope of local expropriation and demolition, even if they are later determined to be illegally built, do not need to be demolished.

What is the legal basis.

1. It has a number of homesteads and residences, but the total area of the homestead does not exceed the standard of rural homestead land; 2. A large number of illegal buildings caused by legacy reasons objectively exist and do not need to be demolished; 3. Houses that have been included in the scope of local expropriation and demolition, even if they are later buried and determined to be illegally built, do not need to be demolished.

Can you provide a legal basis?

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

Articles 7 and 9 of the Homestead Law stipulate that rural villagers shall go through the approval procedures for land use in accordance with the law when building houses (including new construction, expansion, relocation and demolition). Where the occupation of agricultural land is involved, the approval procedures for the conversion of agricultural land shall be handled in accordance with the law, and the permission or consent of the relevant departments shall also be obtained for the use of transportation, forest land, water conservancy and other land.

Article 9 of the Guiding Opinions on Regulating the Discretionary Power of Punishment for Urban and Rural Planning Sources and Infiltration of Government stipulates that under the three circumstances that the demolition of the mountain closure may affect the safety of adjacent buildings, damage the legitimate rights and interests of non-fault stakeholders, or cause significant damage to the public interest, the building that violates the Hail Ridge Law may not be demolished.

Are there any other legal bases?

Article 243 of the Civil Code provides that for the needs of the public interest, collectively owned land, organizations and individuals' houses and other immovable property may be expropriated in accordance with the authority and procedures prescribed by law. For the expropriation of collectively owned land, the compensation fee for land recall, the subsidy for resettlement and the compensation for rural villagers' houses, other above-ground attachments and seedlings shall be paid in full and in a timely manner in accordance with the law, and the social security expenses of the land-expropriated farmers shall be arranged, so as to ensure the livelihood of the land-expropriated farmers and safeguard the legitimate rights and interests of the land-expropriated farmers.

Insufficient evidence. It is forbidden to occupy farmland without permission and build houses in violation of laws and regulations. If the "Land Management Law" stipulates that if you occupy cultivated land without permission to build slag rolling houses, the people's land administrative department at or above the county level shall reproach you for the transformation or treatment within a time limit, and you may be fined.

Article 76 of the Land Management Law stipulates that without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's land administrative departments at or above the county level to order the return of illegally occupied land, in violation of the overall land use plan to change agricultural land to the construction of the world, demolition of newly built buildings and other facilities on the illegally occupied land within a time limit, to restore the original state of the land.