The Civil Code stipulates the distance between roads and residences

The scope of the highway construction control zone, starting from the outside of the highway land, shall not be less than the following limits:

(1) 20 meters for national highways, 15 meters for provincial highways, and 15 meters for county highways. 10 meters for highways and 5 meters for rural roads;

(2) 30 meters for highways;

(3) 50 meters for interchanges and extra-large bridges;

Local people's governments at or above the county level shall organize the transportation, land and resources and other departments to delineate the scope of highway construction control areas based on the principles of ensuring highway operation safety and saving land use and the needs of highway development.

For the scope of the village road construction control area, the distance standards outward from the outer edge of the village road land are:

(1) The national highway shall not be less than 20 meters;

< p>(2) Provincial roads shall be no less than 15 meters;

(3) County roads shall be no less than 10 meters;

(4) Township roads shall be no less than 5 meters.

If it belongs to a highway, the distance from the outer edge of the highway land to the outside of the highway construction control area shall not be less than 30 meters. The construction control areas on the inside of highway curves, interchanges and level intersections are determined based on safety sight distance and other requirements. In order to ensure the safety of highway operation, ensure that vehicles have good visibility when driving on the highway, and prevent road traffic accidents due to obstacles on the side of the highway blocking the vision, there should be no buildings within a certain range on both sides of the highway. Therefore, the "Road Safety Protection Regulations" stipulate that rural houses should be built at a corresponding distance from the highway.

Is it illegal to build a house in a rural area that occupies a village road?

It is considered illegal construction. The land use has not been approved, so of course it is illegal construction. Building a house on legally acquired homestead land does not constitute illegal construction. Illegal construction projects can be reported to the Soil and Mineral Bureau or the township construction management department. Rural residents must build residential buildings after review by the township government and approval by the county-level government before they can be implemented. Without approval, it is an illegal construction.

Approval of homestead land

Rural villagers who meet one of the following conditions can apply for homestead land: (1) Household division is really necessary for reasons such as the marriage of the daughter-in-law. , lack of homestead;

(2) Foreign population settles down and becomes a member of the collective economic organization and does not have homestead;

(3) Due to the occurrence or prevention of natural disasters, implementation of Village and market town planning and the construction of township (town) public facilities and public welfare undertakings require relocation.

If rural villagers need to use homestead land, they should apply to the village committee, which will announce it and submit it to the village meeting or village representative meeting for discussion. After discussion, approval and announcement, it will be submitted to the township (town) land management agency, the county (city) land administration department for review and the county (city) people's government for approval. After approval by the county (city) people's government, the village committee shall announce the approved homestead site.

Legal basis:

Article 11 of the "Regulations on Highway Safety Protection":

Local people's governments at or above the county level shall ensure highway operation safety and conserve land use. According to the principles and needs of highway development, organize transportation, land and resources and other departments to delineate the scope of highway construction control areas. The scope of the highway construction control area, the distance outward from the outer edge of the highway land, is as follows:

(1) National highway not less than 20 meters;

(2) Provincial highway no less than 20 meters less than 15 meters;

(3) County roads shall not be less than 10 meters;

(4) Township roads shall not be less than 5 meters.

If it belongs to a highway, the distance from the outer edge of the highway land to the outside of the highway construction control area shall not be less than 30 meters. The construction control areas on the inside of highway curves, interchanges and level intersections are determined based on safety sight distance and other requirements.