Generally, as long as the houses have no relevant certificates and licenses, they will usually be recognized as illegal buildings, whether in the process of land acquisition, demolition or illegal construction and rectification.
At the same time, the village committee does not have the authority to implement administrative punishment.
In this regard, lawyer Keno reminded everyone that if the farm or the house used for agricultural production is demolished, if it is recognized as illegal construction by the relevant departments on the grounds of no certificate or failure to go through relevant procedures, we must take legal measures in time to safeguard our own legitimate rights and interests.
In practice, people often occupy cultivated land without approval to build houses.
Of course, not all houses built on cultivated land should be recognized as illegal buildings.
For houses built on cultivated land or basic farmland, according to the provisions of the land management law, it is prohibited to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarrying, mining and borrow soil on cultivated land without authorization; It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds for fish culture.
The decision shall be made public.
However, according to relevant laws and regulations, whether they are newly built or rebuilt, they need to apply to the village committee first, and then be approved by relevant local departments.
III.
Article 38 of the new administrative punishment law stipulates that if an administrative punishment has no basis or the subject of implementation does not have the qualification of an administrative subject, the administrative punishment shall be invalid.
“Small property right house” is not a legal concept, but a conventional Title formed by people in social practice.
To this end, some villagers are very confused about why their houses are recognized as illegal buildings and have to be demolished by themselves, while others do not? Today, let’s talk about which houses will be recognized as illegal buildings.
In practice, if the village committee receives the relevant decision on administrative punishment made by the village committee, the document is illegal, unless the village committee has a power of attorney.
2021-02-22 of Beijing Kainuo law firm..
The identification of illegal buildings can not be cut across the board, and the eyebrows and beards can not be grasped at once.
Source: headline No.
According to the provisions of the notice of the Ministry of land and resources and the Ministry of agriculture on further supporting the healthy development of facility agriculture, if agricultural land is occupied for the construction and operation of farms, the land for production facilities and corresponding ancillary facilities is directly used or serves agricultural production, There is no need to apply to the planning department for a construction land planning permit.
If land occupied for construction involves the conversion of agricultural land to construction land, the examination and approval procedures for the conversion of agricultural land must be handled.
Of course, if it is caused by problems left over by history, corresponding demolition compensation should be given during demolition.
If permanent basic farmland is converted to construction land, it must be approved by the State Council.
Moreover, when such houses are demolished, they will also be recognized as illegal buildings and will not be compensated.
Provinces, autonomous regions and municipalities directly under the central government may, in accordance with the actual local conditions, decide to entrust the administrative punishment power of the people’s government departments at the county level urgently needed for grass-roots management to the Township People’s governments and sub district offices that can effectively undertake it, and organize regular evaluation.
rural small property right house small property right house refers to the house built on rural collective land without handling relevant certificates and paying land transfer fees.
Therefore, in recent years, in order to curb the wanton spread of illegal construction, the state has issued many policies and regulations, and many villagers’ houses, farms, enterprises and factories have been identified as illegal construction by relevant departments and corrected or demolished within a time limit.
Therefore, in the process of practice, if the relevant departments or expropriation parties identify all unlicensed houses and houses that have not gone through relevant procedures as illegal buildings and will not be compensated, the parties must timely consult professional demolition lawyers, apply to the relevant departments for administrative reconsideration or bring a lawsuit to the court to safeguard their legitimate rights and interests.
2.
In rural areas, with the improvement of people’s living standards and the increase of family members, rural houses are built higher and larger.
In general, in case of land acquisition and demolition of small property right houses, they will usually be recognized as illegal buildings by the expropriation party and will not be compensated.
Even if such houses are completed, they will be recognized as illegal buildings and confiscated or demolished.
First, the houses have not handled relevant certificates and licenses.
For such houses, relevant departments often make relevant punishment decisions on the parties, such as rectification notice within a time limit, demolition notice within a time limit, etc.
According to the provisions of the new administrative punishment law, administrative punishment shall be under the jurisdiction of the administrative organs with the power of administrative punishment of the local people’s governments at or above the county level.
If the house built exceeds the planning standard, it will be recognized as an illegal building, and it may also be recognized as an illegal building during demolition and will not be compensated.
If the violation of legal procedures constitutes a major and obvious violation of the law, the administrative penalty shall be invalid (the new administrative penalty law shall be implemented from July 15, 2021).
The house purchase contract will not be put on record in the land and Housing Administration Bureau.
Please click the “blue word” above to pay attention to Zhaoping every day As we all know, illegal construction is common in all cities in China.
Its property right certificate is not issued by the national housing management department, but by the township government or village, also known as “township property right house”.
In other words, sub district offices and township governments will have the right to deal with illegal construction, but it should be noted that the new administrative punishment law will come into force on July 15, 2021.
Where there are other provisions in laws and administrative regulations, such provisions shall prevail.
IV.
In addition, we also need to remind you that administrative punishment must have written documents and the official seal of relevant departments.
If the house area exceeds the local standards, it will also be recognized as illegal construction.
Only after the approval is completed, After obtaining the permit for villagers’ residential construction land and the permit for rural construction planning, the house can be built according to the planned area.
Moreover, in the process of land acquisition and demolition, it is also common for villagers’ houses or farms to be identified as illegal construction.
In this regard, lawyer Keno would like to remind everyone that when receiving relevant documents, the parties must timely review the legitimacy of the documents to see whether the unit that made the documents has the right to exercise administrative powers.
if the house area exceeds the local standards, in addition to the above three situations, it may be recognized as illegal construction.
