Treatment methods of illegal buildings in villages

Illegal buildings in rural areas refer to buildings that violate land use planning, illegally add, rebuild and occupy local cultivated land. According to the relevant provisions of China's land management law, illegal builders should dismantle illegal buildings themselves within a limited period of time after the land management department issues a notice. For those who refuse to be demolished, the local land management department may apply to the court for intervention, and the judicial organs will enforce the demolition work. However, it should be noted that if illegal construction involves the occupation of cultivated land, this behavior will be much more serious than ordinary addition and reconstruction. Because China implements a strict policy of farmland protection, the law stipulates that no one may occupy permanent basic farmland. Illegal occupation of permanent basic farmland is not only an administrative violation, but also a serious violation of the ecological environment, and should even be included in the scope of criminal law. In other words, if illegal buildings are built in rural areas, they should be demolished in time. Don't decide whether to dismantle it after the land management department or the public security organ has issued a punishment decision. Rural villagers building houses shall conform to the overall land use planning and township (town) village planning, and shall not occupy permanent basic farmland, and try to use the original homestead and village parents. The overall land use planning and village planning of townships (towns) shall make overall planning and reasonable arrangement of homestead, and improve the living environment and conditions of rural villagers.

What are the criteria for identifying illegal buildings?

1. Buildings built without application or approval and without obtaining construction land planning permit and construction project planning permit. For example, build your own warehouse in the public space between residential buildings.

2, unauthorized changes in the construction project planning permit provisions of the construction of buildings. For example, a hotel originally stipulated to build 40 floors, but the developer decided to build 45 floors without authorization.

Legal basis:

Land Management Law of the People's Republic of China

Sixty-second rural villagers can only own one homestead, and the area of their homestead shall not exceed the standards stipulated by provinces, autonomous regions and municipalities directly under the central government. In areas where per capita land is small and it is impossible to guarantee one household and one house, the people's government at the county level can take measures to ensure that rural villagers live in houses on the basis of fully respecting the wishes of rural villagers and in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government.