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For example, some village committees invite investment, but they have no right to examine and approve investment
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According to the “urban and rural planning law” is implemented on January 1, 2008, for urban and rural housing, the final determination of whether it is illegal construction is also stipulated in the “urban and rural planning law”
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The examination and approval power of village committees is limited to homestead
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In practice, the lawyer reminded that if your house was built before 2008 and has complete land use rights, you should be alert whether your house is applicable to the urban and rural planning law, whether it is in line with the general land use planning at that time, and whether it is illegal construction
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If your house is suspected of illegal construction due to the following seven situations, do not give up the right to protect yourself
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Rural collective land is the right scope of township investment, while city, county and district are urban state-owned land
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According to the relevant provisions of Article 65 and Article 68 of the urban and rural planning law of the people’s Republic of China: sixth, the land use right and aboveground buildings have been directly obtained from the government
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First of all, there is a complete land use right and a complete land use right certificate, or the land use right determined by the corresponding functional departments for you, or the collective construction land use right obtained by township enterprises through legal examination and approval procedures, or the state-owned industrial land use right obtained through bidding and auction, and the building was first built or expanded before 2008
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Second, investment promotion, with the consent of the government or functional departments, has the legitimate approval power of the construction
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This situation can not be inferred as illegal construction
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Some governments sell the remaining land use rights of township enterprises (including some old districts) through bidding and auction, but there are no corresponding procedures when they sell them
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Fifth, in accordance with the “urban and rural planning law” has obtained certain procedures, can be solved through supplementary procedures
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My lawyer reminds you that some houses look like illegal buildings, but they are not necessarily illegal buildings
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If in real life, your house encountered the above several situations, but was found illegal construction, please do not give up rights
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Here we want to talk about certain real estate and land procedures
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This situation and unlicensed situation involve the trust interests of the government
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This situation has already had relevant judicial precedents in judicial practice, especially in Jiangsu and Zhejiang, which should not be arbitrarily identified as illegal construction
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Houses built, rebuilt and expanded before 2008 have complete land use rights
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Before 2008, the “urban planning law” also had some provisions, but now the “urban planning law” has been abolished, and all cases are based on the “urban and rural planning law”, which causes the problems of law Retrospection and application
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Land use certificate has been obtained, but there is no real estate certificate, or there is no relevant planning procedures for construction projects, and it should not be recognized as illegal construction
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The first is to be completed before 2008 and have complete relevant procedures
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Many houses can become legal buildings after going through the formalities
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In some places, the planning is 2016-2020, and the houses are built before 2016, which is in line with the five-year overall land use planning, so it can not be arbitrarily identified as illegal construction
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China’s “land management law” was implemented on June 25, 1986, and the “Regulations on the administration of land for building houses in villages and towns” in 1982 was abolished after the implementation of the “land management law”
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Since it is built by attracting investment, it can not be easily identified as illegal construction
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Due to the application of the law, the identification of objective facts, historical sources, the trust interests of the government and some illegal acts of the government, it may lead to the re identification of illegal buildings in law
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There is a difference between this and the first one
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Therefore, this kind of behavior can not be recognized as illegal construction in law, or even illegal land use or illegal land occupation
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Seventh, many local property certificate or land certificate, or there are certain procedures, but the certificate is not complete, which can not be identified as illegal construction
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The house was built before 1986, but the first regulation on the behavior of building houses was in the land management law implemented in 1986
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Third, the construction of rural land houses before the implementation of the land management law in 1986 can not be regarded as illegal construction
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For those who have obtained certain formalities but have incomplete certificates, they can go through the formalities again
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In the initial stage (around 1997 and 1998), in some places, when planning and using these lands and properties, there may be only one procedure, but no other procedures
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Members of rural collective land organizations who build houses on rural land have the right to apply for and obtain homestead
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The reason lies in the planning and land departments under the local government
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According to the above situation, illegal construction can not be identified at will
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In the early days, many places attracted investment, but it was divided into different departments
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At that time, the government carried out investment promotion and agreed to build houses and factories on land
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These houses should not be regarded as illegal buildings in the process of collection and demolition, nor should they be demolished by force at will; if they are to be demolished, they should get fair compensation, and illegal forced demolition will bear legal responsibility
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First, the house was built before 2008
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Fourth, before the adjustment of the overall land planning, the house should be consistent with the land use planning at that time, and obtain the relevant license stipulated by the law at that time
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The behavior of attracting investment is a written regulation or red headed document made by the local government, which has the legal authority to determine the legitimacy of the construction
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