Rural housing repair occupies basic farmlandThe solution is two-point concern
In the past, in the countryside, there were indeed a lot of people who occupied farmland to build houses, although the control policy on building houses in the past was relatively relaxed, and some villagers who occupied farmland to build houses also fulfilled the procedures through a series of channels, and finally the houses and homesteads had legal ownership certificates, and in recent years, they have also confirmed their rights.
Nowadays, in view of some chaotic phenomena of self-built houses in rural areas, China has also strengthened management, and has also introduced a series of measures for the protection of agricultural land.
Agricultural land is divided into general cultivated land, permanent basic farmland and high-grade farmland, and the use of agricultural land in China is also clearly classified, general cultivated land is mainly used for planting agricultural products, permanent basic farmland and high-grade farmland are mainly used for grain production, and the nature of its use is different, and the protection measures are also different.
This year, in China's latest rural revitalization land use policy guidance, the use and protection measures of cultivated land have also been clarified and introduced, and in the future, the use and management of permanent agricultural base land in rural areas have also been clearly protected. In response to the occupation of permanent agricultural land by building houses in rural areas, the negative list for rural revitalization implements strict prohibition measures.
Individuals or organizations are not allowed to occupy permanent basic farmland to build houses or factories, nor are they allowed to occupy basic farmland to build farms, agricultural facilities, develop forestry and fruit industries, or dig ponds for fish farming. Unauthorized change of use of permanent basic farmland is prohibited, and violators will be punished in accordance with the provisions of the Spatial Planning Law.
So the question is, now that land use guidelines related to arable land have been issued, what should be done if the basic farmland is occupied by the repair of houses in the countryside?There are two views?
Attraction i First of all, let us make it clear that it is illegal to occupy permanent base agricultural land for rural construction, especially if you change the use of permanent base agricultural land without approval to build a house, if the circumstances are serious, you will bear relevant legal responsibilities and will face criminal sanctions.
Therefore, if a farmer finds that someone is occupying basic farmland to build a house, he can inform the relevant departments at the beginning. After receiving the report, they will also conduct on-the-spot investigations and ask the builder to complete the procedures, instead of directly canceling the building, and finally demolish it in accordance with China's laws and regulations and hold them accountable.
If it is in accordance with the regulations, in addition to the responsibility of illegally occupying land to build houses, it is also necessary to bear the responsibility of destroying cultivated land and destroying planting conditions.
Eventually, penalties will also be imposed under Articles 75 and 78 of the Land Administration Law and Article 55 of the Regulations for the Implementation of the Land Administration Law.
Point II.
In addition to how to solve the problem of being occupied by others, how to deal with the situation of peasants' self-built houses occupying basic farmland?
As mentioned earlier, China prohibits any unit or individual from building on permanent basic farmland in the implemented guarantees. Therefore, if a farmer accidentally occupies basic farmland, stop the construction immediately, especially if it is built without approval and occupied at will, and do not continue the construction.
If the area occupied is relatively large and must be demolished, then the peasants can only agree to the treatment plan, because the arrangements are not known in advance before the house is built, because this kind of indiscriminate occupation of nature is not allowed.
In short, if a peasant household wants to repair an old family home, they should give priority to using the original homestead, and if there is no homestead, they can use the wasteland in the village, and do not occupy cultivated land and permanent agricultural land to build houses. Since it is not possible to occupy permanent agricultural land to build houses, if it is required to occupy agricultural land to build houses, it is necessary to go to the competent department to go through the procedures for the conversion of agricultural land, whether it is to occupy basic farmland or general cultivated land, as long as these procedures are fulfilled, it is legal and will not be demolished.