Farmhouses built without approval are legally exempt from demolition in this way

Mondo Social Updated on 2024-01-31

In recent years, with the country's pairsRuralStrengthening of land regulationRuralHousing construction is also facing stricter regulations. In accordance with current regulations,RuralBuilding a house needs to comply with the principle of "first approval before construction", that is, before any construction of a house can be carried out, it must first obtain the approval and approval of the relevant authorities.

The principle of "first approval before construction" applies to new constructionHomesteadFarmhouses, renovations, renovations and expansions, etc. The implementation of this principle is aimed at protectingRuralLand resources, ensureHomesteadThe legitimacy of the use plays an important role in the protection of the red line of cultivated land across the country. Therefore,RuralBuilding a house requires strict adherence to the regulations so as not to cause trouble.

Approval of land use and planning isRuralAn important approval link for building a house. Review whether the applicant for building a house is eligibleHomesteadEligibility for use and land planning requirements are key. If the applicant meets the conditions, the land use and planning approval will be successful. In order to avoid unnecessary trouble, applicants can consult the township and village collectives in advance to understand the materials required to fill in the form and prepare the file to ensure that it is passed at the first time.

ForRuralThe state has clearly stipulated how to deal with the violations of "building before approval". According to the current ".Land Administration LawIt is stipulated that the house is demolished and the land is returned. However, in practice, different treatments are carried out on a case-by-case basis.

If the applicant qualifies:HomesteadIf the use qualifications and the land meets the relevant planning requirements, then as long as the violations are corrected in a timely manner within the specified time limit, that is, the land use and planning approval procedures have been handled, the house can be legally continued to be built or lived.

If the applicant does not qualifyHomesteadThe use qualifications, but the land meets the relevant planning requirements, because the villagers have wasted a lot of manpower, material and financial resources to build houses, the forced demolition of illegal buildings seems unreasonable. Therefore, such illegal houses will be retained, but the applicant needs to return the illegally occupied farmland and dispose of it by the village collective, such as distributing it to the villagers who meet the requirements for compensation, so that they can use it after completing the formalities in accordance with the law. For illegal squapreeurs, the village collective may give some compensation.

For non-complianceHomesteadIf the use qualification and the land does not meet the planning requirements, the illegally occupied land needs to be returned and the illegal construction demolished within a time limit. If the illegal occupation of farmland is more serious, it is necessary to reclaim the land and improve the cultivation conditions, and the situation of occupying a large amount of land or failing to make rectification may constitute a crime and face criminal liability.

Since the national thematic meeting held on July 3, 2020, yesRural"0 tolerance" is implemented for indiscriminate occupation of farmland and construction of houses. Even if it is an expansion or reconstruction, it is a violation and will be subject to penalties such as demolition and land withdrawal.

In order to protect arable land resources, the state for:RuralThe attitude of indiscriminately occupying farmland and building houses is tough. This policy was introduced to maintainRuralThe legal use of land resources is guaranteedFarmersofHomesteadrights and interests to ensure the sustainable use of cultivated land. In the future, the country's land supervision will continue to increaseRuralBuilding a house requires compliance with regulations and strict implementation of approval procedures to avoid unnecessary onesLawsrisks andEconomyLoss.

RuralThe implementation of the principle of "first approval before construction" for building houses is essential for protectionRuralLand resources, maintenanceHomesteadThe use of benefits plays an important role. ForRural**The state has adopted different ways to deal with the current "construction before approval" violation, and it will be dealt with according to the illegal construction situation and specific conditions. Judging from the current policy trend, forRuralThe state implements a "zero tolerance" attitude for the behavior of indiscriminately occupying farmland and building houses, and will increase the punishment for violations. Therefore,RuralResidents must strictly follow the relevant regulations when building their houses to ensure legality and sustainable development. Only in this way can you protect your own interests and avoid unnecessary troubles and property losses.

From a personal point of view,RuralThe implementation of the principle of "first approval before construction" is necessary because it enables more effective control and managementRuralUse of land resources. In the past, in order to facilitate the timely construction of houses, some villagers adopted the method of "building before approval" to give land resources andRuralThe environment has had an impact. And by standardizing the housing construction procedures and protecting the cultivated land resources, it can be better maintainedRuralHomesteadUse the benefits, promoteRuralEconomysustainable development.

However, it is also recognizedRuralThe approval process for building a house may giveFarmersIt brings some inconvenience and burden. Sometimes, applicants need to go through a series of approval processes and prepare a large number of application materials. For someRuralThis can be a difficult task for the elderly and those who lack relevant knowledge. Therefore, in addition to strengthening the supervision and approval process, corresponding policies are also neededFarmersProvide a more convenient approval process and services to reduce their operational burden.

In summary,RuralFarmhouses built "without approval" may face penalties such as demolition and land withdrawal, but there are also certain criminal exemptions and compensation measures according to the specific situation and policy guidance. Therefore, inRuralWhen building a house, it is important to strictly follow the rules of "first approval before construction" to ensure legality and avoid unnecessary constructionLawsrisks andEconomyLoss. Rural homesteads

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