Traditional Culture Encyclopedia - Traditional culture - Rural in the original home base building regulations
Rural in the original home base building regulations
A detailed answer:
Referring to China's land management law, rural villagers can only have a home base for one household, and the area of their home base shall not exceed the standard stipulated by the province, autonomous region and municipality directly under the central government.
Rural villagers' residential land use shall be examined by the people's government of the township (township) and approved by the people's government of the county level for beach. Your family started to build a house just after the consent of the neighborhood committee, which is not legal from the procedural point of view. You want to build a house, should be by the village (street) collective planning, by the township (township) government land management review, reported to the county government land management bureau approval, access to residential land use permits and construction permits to see before construction.
Your family without the approval of the building is illegal, but does not mean that the Office of yeast can be arbitrary "law enforcement", in accordance with the provisions of Article 66 of the former law, the people's government at or above the county level, the land administrative department has the right to supervise and inspect. Referring to Article 77 of the former law, for those who illegally occupy land to build houses, the land administrative department of the people's government at or above the county level shall order to return the illegally occupied land, and demolish the newly built houses on the illegally occupied land within a certain period of time.
Accordingly, the street office does not have the right to supervise and inspect and enforce, and its behavior of smashing the floor boards is obviously illegal, and if the amount is large, it may violate the criminal law. You can ask the office to pay for the loss, or you can sue the local court.
Legal basis
"Rural Residential Base Management Measures"
Article IX of the rural villagers can only have a residential base, residential base area standards (including ancillary housing, yard land), the use of arable land shall not exceed a maximum of 125 square meters; the use of other land shall not exceed a maximum of 140 square meters; In mountainous areas where there are conditions to use barren land and slopes, the maximum shall not exceed 160 square meters. The limit of land area for homesteads is 75_ or less for farm households with three persons and less than three persons, 100_ or less for farm households with four persons, 110_ or less for farm households with five persons; and 125_ or less for farm households with six persons and more than six persons. For those using non-cultivated land, the maximum increase is 15_ per grade; for those in mountainous areas who are in a position to utilize barren slopes and mountains to build houses, the maximum increase is 35_ per grade. Implementation of the old village renovation, downhill migration demolition area exceeds the land use limit of more than 20_, can be relaxed by one grade of the land use limit.
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