Will the renovation of the only old house in the countryside be demolished if it is an illegal build

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

    It will definitely be demolished. Because this is an illegal building in the first place, and if there is any more land acquisition, this place will definitely not be able to stay.

  2. Anonymous users2024-02-12

    Possibly, because such a place is so shabby. It must have affected the cityscape, and it must have been demolished.

  3. Anonymous users2024-02-11

    Yes. Because according to the relevant laws and regulations of the Urban and Rural Planning Law, the house must not be built in violation of regulations in the process of decoration, if it affects the appearance of the city or causes other hazards, there are potential safety hazards, it will be demolished.

  4. Anonymous users2024-02-10

    Rural houses are demolished and built new, as long as they are approved by the relevant departments, they are not easy to be sensitive, and they are illegal construction.

    The reconstruction of the house and beyond the original site is considered an illegal construction, even if it is not exceeded, the reconstruction of the old house without the approval of the ** department is also an illegal construction. In short, those that have not obtained the approval of the first department are illegal construction, and the difference is that some are illegal and some are illegal. Illegal construction refers to the construction of buildings, structures and other engineering facilities in violation of laws and regulations on planning and management.

    Building a house on a legally acquired homestead is not an illegal building. Rural residents who build houses must be reviewed by the township and approved by the county level before they can be implemented. Unauthorized combustion is an illegal construction.

    Rural demolition and renovation of the original homestead, but also involves the issue of unified planning, need to apply for the "rural construction planning permit", after the corresponding application and approval of the permit (pre-permission in administrative management), and then by the town ** village construction management station to the site to set off the line before the construction can begin. Otherwise, it is illegal construction or no construction permit has been obtained.

    The criteria for determining violations are as follows:

    1) Buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects;

    2) Unauthorized alteration of the construction project planning permit provisions of the completed building;

    3) Buildings built without authorization that have changed the nature of use;

    4) Unauthorized use of temporary structures to become permanent structures.

    Legal basis

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

    Article 40 Where buildings, structures, roads, pipelines and other engineering are constructed within the urban or town planning area, the construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region or municipality directly under the Central Government for a planning permit for the construction project.

    To apply for a construction project planning permit, the relevant supporting documents for the use of land, construction engineering design plans and other materials shall be submitted. For construction projects that require the construction unit to prepare a detailed construction plan, a detailed construction plan shall also be submitted. For those who meet the regulatory detailed planning and planning conditions, the urban and rural planning departments of the city and county or the town people of the provinces, autonomous regions and municipalities directly under the Central Government shall issue construction project planning permits.

    The competent departments of urban and rural planning of cities and counties or the people of towns and towns determined by the people of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the law, publish the general plan of the approved detailed planning and construction engineering design plan.

  5. Anonymous users2024-02-09

    Many times a lot of things have to be done according to the rules, just like the renovation of houses in the countryside today, if you don't understand today's policies, the old house you worked so hard to renovate will really become an illegal building.

    In rural areas, whether you are building a new house or renovating an old house, you need to apply. Because renovating an old house is different from building a new house, there is no need to apply for a homestead, which leads some people to think that the house was originally their own, and the homestead has also obtained the right to use it in accordance with the law in the past. The house is old, and my economic conditions are better, so it's not my business to renovate it.

    In fact, it's really not as simple as you think, to renovate a house in the countryside, first of all, you must have a rural hukou, and the hukou is still in the village. If you have moved out and are not a member of the village collective, then you really can't renovate the old house.

    Even if you meet the conditions, the household registration is in the village, you also need to bring your household registration book, the original property right certificate of your old house to the village committee, fill in a building approval form, the village committee research and agree, report to the village and town office at the town level, the village and town construction office to review, whether it is in line with the township planning and construction, only in line with the plan will be approved, you will be issued a renovation permit, with this permit, you can renovate the old house.

    For example, there are many people in rural areas who work outside the village, and their hukou has long since moved out of the countryside, but there are still old houses in their hometowns. In this case, the old house can only be repaired, not renovated. If it is renovated without authorization, it will become an illegal building, and if it is serious, it will be ordered to be demolished, and the gains outweigh the losses.

    Also, many places will have rural dilapidated housing renovation project subsidies every year, if their old houses belong to the dilapidated housing standards, seize the time to report the dilapidated housing renovation and maintenance report, through the village-level review, township-level audit, county-level approval after the municipal record, you can renovate the old house can also get a part of the dilapidated housing adaptation subsidy, which requires us to consult the local housing and urban-rural development department before the renovation to understand whether there is a subsidy in this regard, if so, you can go for it.

    To sum up, the renovation of old houses in this countryside should also follow the rules, right?

    Hello, when renovating, there is no root village committee or relevant departments to apply.

    There is no illegal construction of their own homestead!

    The landlord mentioned that this problem is not good, and the local ** said that you belong to the illegal construction and will be demolished. My answer is saved: (Chinese Citizenship Law) (Property Law) and so on, you go and take a look.

    If the only old house is hanging, it means that the owner is still the sole owner of the house and has the ownership of the house. If the old house is reinforced and repaired without demolishing the main building, it cannot be said to be illegally built. How to force demolition.

  6. Anonymous users2024-02-08

    If the parties rebuild the old rural houses in accordance with the approval after obtaining the approval of the relevant departments, it is not called illegal construction. If the person concerned has not obtained the approval of the relevant authorities, or if the house is rebuilt beyond the original site despite the approval, it is called illegal construction.

    1. Whether the confirmation of rural homestead rights is permanent.

    Rural homesteads are permanent for the collective, and not for individual villagers. If a villager transfers the homestead to another person without authorization, or if the villager dies and there is no house on the homestead, then the homestead may be repossessed.

    Specifically, there are the following situations:

    1. If the house built by the peasant household is not rebuilt two years after it collapses, the collective shall have the right to use the land. If you want to continue using it, you can reapply if you meet the conditions. If a farmer has applied for a homestead that has been completed for two years but has not built a house, the collective economic organization will also take back the land use right and cancel the land registration.

    To build a house, you need to re-apply for a homestead.

    2. If the agricultural household registration is converted to a non-agricultural household registration or emigrates abroad, the qualification for the right to use the rural homestead is lost, and the original rural house is still private property, protected by law, and can be used until the house is naturally damaged, but there is no right to rebuild.

    3. If the total area of the homestead obtained by accepting the transfer or purchase of the house exceeds the local standard and is allowed to continue to be used after being disposed of in accordance with the relevant regulations, the right can be temporarily confirmed.

    The right to the homestead of the house acquired by inheritance can be confirmed.

    2. Is it illegal to build a house built by a railway landslider?

    If the railway land belongs to the homestead, the construction of the house is not an illegal construction after approval. Homestead land is the collective construction land used by rural villagers to build houses and their ancillary facilities, including housing, ancillary houses and courtyards, etc., which belong to construction land in terms of land management. The homestead user has the right to occupy and use the collectively owned land in accordance with the law, and has the right to use the land to build dwellings and other ancillary facilities in accordance with the law, but the homestead user may not build another house if he has already built a house in the village.

    3. Is it illegal to build an electric car shed in the community?

    The construction of an electric carport in the community is illegal if the relevant approval is not obtained. Regardless of where any type of building is erected, the construction application procedures should be carried out in accordance with the law, and the construction can only be carried out after approval. After the completion of the building, it should also apply to the construction quality management department to conduct a quality inspection of the building, and it can only be put into use after it is qualified, otherwise it is an illegal construction.

    Illegal construction refers to buildings and structures that have not obtained a construction project planning permit or have not been constructed in accordance with the provisions of the construction project planning permit.

    Article 66 of the Urban and Rural Planning Law of the People's Republic of China.

    If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project

    1) Temporary construction without approval;

    2) Failure to carry out temporary construction in accordance with the approved content;

    3) Temporary buildings and structures are not demolished beyond the approved time limit.

  7. Anonymous users2024-02-07

    Summary. If it is the only housing, it is possible.

    If it is the only housing, it is possible.

    The area remains the same, and the balcony originally floated 1.3 meters

    The lone type in the middle floated out 1-56 like this.

    In the case of building a house on the original homestead, it does not affect the planning and does not increase the housing area. is doable. Hope mine can help you.

    Is it considered illegal? You can go to the approval process, and if you pass it, you can build.

    It is best to go through the approval procedures in advance to renovate the house.

    One floor was built, and the one next door said that my balcony was beyond his, and he said that he would complain to me for someone to demolish it.

    How much is the approval fee?

    If your area is exceeded, in the case of supervision and inspection, it does need to be demolished.

    Fees vary by region, so please consult the relevant **. **There is also a subsidy for demolishing the old and building the new.

  8. Anonymous users2024-02-06

    Legal analysis: If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area, or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

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

    Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a township or village planning area or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or township people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

    Article 66 If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the local city or county shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project

    1) Carrying out temporary construction without approval;

    2) The temporary construction of the hall pants is not carried out in accordance with the approved content;

    3) Temporary buildings and structures are not demolished beyond the approved time limit.

  9. Anonymous users2024-02-05

    Legal Analysis: Illegal houses built in rural areas will be demolished, and the Housing and Urban-Rural Development Bureau and the Land and Resources Bureau have the right to implement them. The state is also relatively tolerant of illegal houses in rural areas, and will not forcibly demolish them as long as they can protect the housing rights and interests of rural residents.

    1. "One house per household" may be identified as illegal construction.

    2. Illegal houses built on basic farmland.

    3. Houses that are rushed after demarcating the scope of land acquisition for demolition.

    Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 40 The construction of buildings, structures, roads, pipelines and other projects is carried out in urban and town planning areas; The construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

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