Illegal construction in the farmland is under the management of that department

Hello: For illegal buildings in rural areas, they can be demolished within a time limit. If they refuse to demolish it by themselves, the county level shall be forced to demolish it in accordance with the law or apply to the court for compulsory demolition.

Article 68 of the Urban and Rural Planning Law After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition.

Article 83 of the Land Management Law Where, in accordance with the provisions of this Law, it is ordered to demolish the newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Hello! It may be reported to the land department in accordance with the law. Please refer to the following legal provisions. Thank you!

Land Management Law of the People's Republic of China

74th in violation of the provisions of this Law, occupy cultivated land to build kilns, graves or build houses on cultivated land without authorization, digging sand, quarrying, mining, taking soil, etc., destroying planting conditions, or due to the development of land caused by desertification, salinization, by the people's land administrative departments at or above the county level shall be ordered to rectify or rectify within a time limit, may be fined; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: the people's land administrative departments (land and resources bureaus) at or above the county level, township and town people. In the absence of land planning, construction procedures, in the case of building houses on rural land, in violation of the relevant laws and regulations, the people's land administrative departments at or above the county level (Land and Resources Bureau) can implement administrative penalties.

Township and town people** may impose administrative punishments.

Legal basis: "Land Management Law of the People's Republic of China" 73rd article on the violation of the overall land use plan to change agricultural land to construction land without authorization, the people's land administrative departments at or above the county level (Land and Resources Bureau) have the right to implement the following administrative penalties:

1. Demolition of newly built buildings and other facilities on illegally transferred land and restoration of the original state of the land;

2. Where the overall land use plan is complied with, the newly built buildings and other facilities on the illegally transferred land shall be confiscated;

3. A fine may be imposed concurrently;

Urban and Rural Planning Law of the People's Republic of China Article 65 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 analysis: Illegal houses in rural areas are managed by the people's land administrative departments (Land and Resources Bureau) at or above the county level, townships and towns. If the land owned by the farmer's collective is used for non-agricultural construction by transferring, transferring the right to use or leasing it without authorization, or in violation of the provisions of this Law, the collective business construction land is handed over to a unit or individual for use by means of transfer, lease, etc., the competent department of natural resources of the people's government at or above the county level shall order it to make corrections within a time limit, confiscate the illegal gains, and impose a fine.

Legal basis: "Land Management Law of the People's Republic of China" Article 83 In accordance with the provisions of this Law, if the newly built buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Legal analysisIllegal houses in rural areas shall be managed by the people's land administrative departments (Land and Resources Bureau) at or above the county level, townships and towns. If the land owned by the farmer's collective is used for non-agricultural construction by transferring, transferring the right to use or leasing it without authorization, or in violation of the provisions of this Law, the collective business construction land is handed over to a unit or individual for use by means of transfer, lease, etc., the competent department of natural resources of the people's government at or above the county level shall order it to make corrections within a time limit, confiscate the illegal gains, and impose a fine.

Legal basis"Land Management Law of the People's Republic of China" Article 83 In accordance with the provisions of this Law, if it is ordered to demolish the newly built buildings and other facilities on illegally occupied land within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Legal analysis: It is illegal to occupy arable land to build a house, and you should call the land department at **12336 to report. It is not necessary to ask for anonymity to protect the personal information of the whistleblower, and it is illegal and criminal for the person to deliberately disclose the whistleblower's information to the reported unit.

Where provisions on the protection of informants are violated by intentionally divulging the name, address, or content of the report, or transferring the reporting materials to the person being reported or the unit being reported, or failing to formulate or adopt protective measures when a plan for the protection of informants should be formulated, causing the informant to be retaliated against, the directly responsible managers and other directly responsible personnel are to be given disciplinary sanctions in accordance with the regulations on disciplinary sanctions for procuratorial personnel and other relevant provisions, and where it constitutes a crime, criminal responsibility is to be pursued in accordance with law.

Legal basis: "People's Procuratorate Provisions on Whistle-blowing Work".

Article 59: People's procuratorates at all levels shall employ the following confidentiality measures:

1) Reported leads are to be entered into a special computer by a special person, and strictly managed with a password, and other staff must not view them without the approval of the chief procurator.

2) Reporting materials shall be placed in confidential places, and confidential venues shall be equipped with confidentiality facilities. Unrelated persons are not allowed to enter confidential places without permission.

3) When reporting leads to the chief procurator, the relevant materials shall be sealed in a confidential bag, and the confidential number shall be filled in, and the chief procurator shall personally open the seal.

4) It is strictly forbidden to disclose the content of the report and the name, address, ** and other personal information of the informant, and it is strictly forbidden to transfer the report materials to the person being reported or the unit being reported.

5) When investigating and verifying the situation, it is strictly forbidden to present the original or copy of the reported leads, and it is strictly prohibited to conduct handwriting evaluations of anonymous reported lead materials except as needed for investigative work.

6) Other confidentiality measures that shall be employed.

Article 60: The reporting center shall designate a special person to be responsible for accepting online reports, strictly manage the user name and password of the reporting server, and change them in a timely manner.

Computers that use the procuratorial hotline network to handle reported leads shall be physically isolated from the internet.

When contacting or replying to informants through the Internet, the password shall be checked, and the reply must not involve the specific content of the report.

It is illegal to occupy arable land to build a house, and you should call the land department at **12336 to report. It is not necessary to ask for anonymity to protect the personal information of the whistleblower, and it is illegal and criminal for the person to deliberately disclose the whistleblower's information to the reported unit. Where provisions on the protection of informants are violated by intentionally divulging the name, address, or content of the report, or transferring the reporting materials to the person being reported or the unit being reported, or failing to formulate or adopt protective measures when a plan for the protection of informants should be formulated, causing the informant to be retaliated against, the directly responsible managers and other directly responsible personnel are to be given disciplinary sanctions in accordance with the regulations on disciplinary sanctions for procuratorial personnel and other relevant provisions, and where it constitutes a crime, criminal responsibility is to be pursued in accordance with law.

Legal basis: Article 59 of the "People's Procuratorate Provisions on Whistle-blowing Work" People's procuratorates at all levels shall employ the following confidentiality measures: (1) Leads on reports are to be entered into a special computer by a special person, and strictly managed with a password, and other staff must not view them without the approval of the chief procurator.

2) Reporting materials shall be placed in confidential places, and confidential venues shall be equipped with confidentiality facilities. Unrelated persons are not allowed to enter confidential places without permission. 3) When reporting leads to the chief procurator, the relevant materials shall be sealed in a confidential bag, and the confidential number shall be filled in, and the chief procurator shall personally open the seal.

4) It is strictly forbidden to disclose the content of the report and the name, address, ** and other personal information of the informant, and it is strictly forbidden to transfer the report materials to the person being reported or the unit being reported. 5) When investigating and verifying the situation, it is strictly forbidden to present the original or copy of the reported leads, and it is strictly prohibited to conduct handwriting evaluations of anonymous reported lead materials except as needed for investigative work. 6) Other confidentiality measures that shall be employed.

Article 60: The reporting center shall designate a special person to be responsible for accepting online reports, strictly manage the user name and password of the reporting server, and change them in a timely manner. Computers that use the procuratorial hotline network to handle reported leads shall be physically isolated from the internet. When contacting or replying to informants through the Internet, the password shall be checked, and the reply must not involve the specific content of the report.

It is illegal to occupy arable land to build a house, and you should call the land department at **12336 to report. It is not necessary to ask for anonymity to protect the personal information of the whistleblower, and it is illegal and criminal for the person to deliberately disclose the whistleblower's information to the reported unit. Where provisions on the protection of informants are violated by intentionally divulging the name, address, or content of the report, or transferring the reporting materials to the person being reported or the unit being reported, or failing to formulate or adopt protective measures when a plan for the protection of informants should be formulated, causing the informant to be retaliated against, the directly responsible managers and other directly responsible personnel are to be given disciplinary sanctions in accordance with the regulations on disciplinary sanctions for procuratorial personnel and other relevant provisions, and where it constitutes a crime, criminal responsibility is to be pursued in accordance with law.

Legal basis: "People's Procuratorate Provisions on Whistle-blowing Work".

Article 59: People's procuratorates at all levels shall employ the following confidentiality measures:

1) Reported leads are to be entered into a special computer by a special person, and strictly managed with a password, and other staff must not view them without the approval of the chief procurator.

2) Reporting materials shall be placed in confidential places, and confidential venues shall be equipped with confidentiality facilities. Unrelated persons are not allowed to enter confidential places without permission.

3) When reporting leads to the chief procurator, the relevant materials shall be sealed in a confidential bag, and the confidential number shall be filled in, and the chief procurator shall personally open the seal.

4) It is strictly forbidden to disclose the content of the report and the name, address, ** and other personal information of the informant, and it is strictly forbidden to transfer the report materials to the person being reported or the unit being reported.

5) When investigating and verifying the situation, it is strictly forbidden to present the original or copy of the reported leads, and it is strictly prohibited to conduct handwriting evaluations of anonymous reported lead materials except as needed for investigative work.

6) Other confidentiality measures that shall be employed.

Article 60: The reporting center shall designate a special person to be responsible for accepting online reports, strictly manage the user name and password of the reporting server, and change them in a timely manner.

Computers that use the procuratorial hotline network to handle reported leads shall be physically isolated from the internet.

When contacting or replying to informants through the Internet, the password shall be checked, and the reply must not involve the specific content of the report.

Illegal buildings in rural areas shall be managed by the competent departments of natural resources of the people at or above the county level, and administrative penalties may be imposed on illegal construction. Illegal construction refers to all kinds of buildings that are constructed on agricultural land or rural construction land without obtaining a rural construction planning permit or construction project planning permit in accordance with the law.

How to identify illegal construction in rural areas.

Articles 36 and 73 of the Land Management Law stipulate that it is forbidden to occupy farmland to build houses, and the relevant departments have the right to impose fines and demolish buildings on those who change agricultural land into construction land without authorization in violation of the overall land use plan. So how to identify illegal construction in rural areas?

There are five scenarios:

a) Super-tall built houses.

After a farmer applies for a homestead to build a house, neither the height nor the width can exceed the prescribed standard. In terms of height, it is generally not more than three floors, and each floor cannot exceed 3 3 meters.

2) Houses built without approval.

To build a house, peasants must first submit an application, pass the examination and approval, and complete all the formalities before they can start construction. If a house is built without approval, it is an illegal building and will be demolished and fined.

c) Houses built on cultivated land.

Cultivated land can only be used to grow food or crops, and cannot be destroyed to change its use.

4) Houses built on land without approval.

Rural construction needs to be submitted for approval, and then reviewed, only after the approval is passed, there is a land use certificate and planning permit before the house can be built, and the unauthorized occupation of land to build a house is also an illegal building.

5) Violating the overall land use plan and indiscriminately building houses.

Houses that do not conform to the overall land use plan of urban and rural areas, and are built indiscriminately, are also illegal buildings. Brother Yu changed.

Legal basis

Article 74 of the Land Administration Law.

Where land is bought or sold or illegally transferred in other forms, the competent department of natural resources of the people's ** at or above the county level shall confiscate the illegal gains; For those who change agricultural land into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the original state of the land shall be restored, and the newly built buildings and other facilities on the illegally transferred land shall be confiscated if they conform to the overall land use plan; Fines may be imposed in combination; Persons in charge and other directly responsible personnel who are directly responsible for the judgment are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.