Why was my farm notified of illegal construction?The truth is revealed, and the rights and interests of farmers need to be protected!
The reason for receiving a notice of illegal construction on your own farm.
After carefully studying the lease agreement that the village agreed to build the farm, you may find that it was a misunderstanding of the use of your own land that caused the problem. The notice of identification of illegal construction or the notice of correction issued by the local municipal ** and the administrative law enforcement department is caused by some specific problems. Here are some of the most common causes that can cause this problem.
On the one hand, ignorance or misunderstanding of setting agricultural land management policies may lead to non-compliance notices on one's own farmland. According to the Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Issues Concerning the Management of Agricultural Land (Natural Resources Gui No. 4 2019), agricultural land refers to land used for planting crops, livestock and poultry and aquaculture facilities. Under normal circumstances, facility agricultural land can occupy cultivated land and does not need to be balanced with compensation. However, if the planting facility destroys the cultivated layer on the land, it needs to be replanted, which is where special attention is needed. In addition, planting facilities are generally not allowed to occupy permanent basic farmland, and can only occupy permanent basic farmland if it is unavoidable to occupy a small amount of permanent basic farmland and needs to be re-planned. If you violate this policy, you may be notified of the violation.
Secondly, incomplete land use procedures are also a common reason for receiving illegal construction notices. The procedures for the use of facility agricultural land are relatively simple, and there is no need to go through the approval procedures for construction land. Farms (households) can obtain land by negotiating and signing land use agreements with municipal management departments and rural collective economic organizations. However, after signing the land use agreement, the relevant agreement needs to be registered, and the county will submit the registration information to the county-level natural resources department and the agriculture and rural affairs department. Failure to comply with the relevant formalities may also be grounds for receiving a building permit violations.
First, some farmers may change the shape of the farm in order to improve the visual effect or soil surface, such as laying concrete tables. However, this kind of behavior destroys the cultivated layer of the land, seriously violates the relevant provisions of China's land management law, will cause illegal construction notices, and may even violate criminal laws.
In short, UBW notices are usually the result of a lack of understanding of the premises agricultural land policy, incomplete land use procedures, or unauthorized changes to the land. Understanding and complying with relevant laws and regulations, and filling in the land use procedures correctly are the keys to avoiding receiving illegal building notices.
Facility agricultural land management procedures and precautions.
In order to avoid receiving infringement notices due to land use issues, farmers should follow the following procedures and precautions when applying for facility agricultural land.
1) Arrangement: The operator shall negotiate and sign a land use agreement with the rural collective economic organization, specifying the project name, construction site, type and use of facilities, area and duration of use, fees and payment methods, land reclamation requirements and other relevant contents.
2) Disclosure of agreements: Rural collective economic organizations shall disclose the construction plan and land use agreement on the municipal management department and the village bulletin board for no less than 10 days to ensure information transparency.
3) Signing of an agreement: If the operator signs a land use agreement with the collective economic organization, if the transfer of individual land management rights is involved, the operator must first sign a transfer agreement with the contracted farmer.
4) Submission of the agreement: Within 10 working days after signing the agreement, the operator or the rural collective economic organization submits the land use agreement to the municipal management department, and the municipal management department then sends the submitted materials to the natural resources department and the county agriculture and rural affairs department. The legitimacy and effectiveness of the land-use procedure can only be guaranteed if the registration procedure is completed.
In addition, according to the Notice on Issues Concerning the Improvement of the Management of Facility Agricultural Land (Chuan Natural Resources Gui [2020] No. 3), the construction of permanent basic farmland can only be constructed with the consent of the competent department of natural resources at the county level. Therefore, when going through the procedures for the use of facility agricultural land, farmers should pay attention to the specific local policy requirements and communicate and negotiate with relevant departments in a timely manner to ensure the smooth handling of the procedures.
Dealing with illegal construction and self-defense awareness.
If your farm receives a notice of illegal construction, it is important that you consult a professional lawyer in a timely manner and follow the legal procedures to assert your rights. Here are some suggestions:
1. Study relevant documents: carefully read the notice of identification of illegal buildings and relevant laws and regulations to understand the specific reasons for the identification of illegal buildings.
2) Seeking legal aid: Consult a professional lawyer to analyze the situation and provide appropriate legal assistance.
3) Organize relevant evidence: Collect relevant evidence, including land use agreements, deposit certificates, notification documents, etc., for rights protection.
4) Construction in accordance with the law: On the premise of actively responding to the early warning of illegal construction, actively take necessary rectification measures. If there is indeed an illegal construction problem, it is necessary to take the initiative to demolish it and take remedial measures in accordance with the regulations.
5) Communicate with relevant departments: When necessary, communicate with local municipal administration, administrative and police departments, etc., explain your problems and difficulties, and get their understanding and support as much as possible.
6) If you believe that the declaration of illegal construction is unreasonable, or you encounter unfair treatment in the rectification process, you can protect your rights and exercise your legitimate rights and interests in accordance with legal procedures.
In short, the reason why the farm was approved for construction may be due to a lack of understanding of the facility agricultural land policy, incomplete procedures, or unauthorized change of land use. In order to avoid similar problems, farmers should understand the relevant policies, handle them in accordance with legal procedures, and abide by the provisions of the Land Management Law when applying for land use for agricultural facilities. If you receive a notice of illegal construction, you should consult a lawyer in time