What is an illegal building?

In the countryside, many people build their own houses. When they build their own houses, they should not build them at will, but also abide by national laws. So how many floors of self-built houses are not illegal? What is an illegal building? What are the illegal buildings in rural areas? Let's find out.

In the countryside, many people build their own houses. When they build their own houses, they should not build them at will, but also abide by national laws. When building a house, you should pay attention to the floor of the house, and don't build it too high, otherwise there will be certain security risks. So how many floors of self-built houses are not illegal? What is an illegal building? Let's find out.

What is an illegal building?

1, illegal construction, refers to the new construction, expansion, reconstruction of buildings in urban planning areas, which are occupied without obtaining the construction project planning permit or violating the provisions of the construction project planning permit, or obtaining approval by deception.

2. Standardized buildings mainly include: (1) buildings built without application or approval and without obtaining construction land planning permit and construction project planning permit. (2) arbitrarily changing the buildings built as stipulated in the construction project planning permit. (3) buildings built without changing the nature of use. (4) unauthorized use of temporary buildings as buildings. (Articles 39 and 40 of People's Republic of China (PRC) Urban Planning Law).

How many floors of a self-built house are not illegal buildings?

1. Rural residents need to declare planning permission to the county planning department in advance when building houses on the homestead, and report to the township government for approval after the planning is completed.

2. When building a house, it should be built within the approved planning scope. As long as it is within the planning scope, you can build several floors. "Urban and Rural Planning Law" Article 41 Where township enterprises, rural public facilities and public welfare undertakings are built in township and village planning areas, the construction unit or individual shall apply to the township and town people's government, which shall report to the competent department of urban and rural planning of the city or county people's government for issuing a rural construction planning permit.

3. The planning and management measures for the construction of rural villagers' houses by using the original homestead in the township and village planning areas shall be formulated by the provinces, autonomous regions and municipalities directly under the central government. The construction of township enterprises, rural public facilities, public welfare undertakings and rural villagers' houses in township and village planning areas shall not occupy agricultural land.

If it is really necessary to occupy agricultural land, the competent department of urban and rural planning of the people's government of the city or county shall, in accordance with the relevant provisions of the Land Administration Law of the People's Republic of China, go through the examination and approval procedures for the conversion of agricultural land and issue a rural construction planning permit. The construction unit or individual can only go through the formalities of examination and approval of land use after obtaining the rural construction planning permit.

What is an illegal building?

First, the house was built before 2008.

Houses newly built, rebuilt and expanded before 2008 have complete land use rights. First of all, there is a complete land use right and a complete land use right certificate, or a house use right determined by the corresponding functional departments, or a collective construction land use right bought out by township enterprises at one time, or a state-owned industrial land use right obtained through bidding, auction and hanging, and a building newly built or expanded for the first time before 2008.

The reason is that China's Urban and Rural Planning Law was implemented on June 5438+1 October1in 2008, and there are also provisions in the Urban and Rural Planning Law to determine whether cities and villages are illegal buildings. There were some provisions in the Urban Planning Law before 2008, but now the Urban Planning Law has been abolished, and all cases are based on the Urban and Rural Planning Law, so there are problems of retroactivity and application of the law. In practice, I remind you that if your building belongs to before 2008 and has complete land use rights, you should be alert to whether the urban and rural planning law applies to your house, whether it conforms to the overall land use planning at that time, and whether it belongs to illegal buildings. According to the above situation, illegal buildings cannot be identified at will.

Second, investment promotion is approved by the government or functional departments with the authority to examine and approve the legality of buildings.

In the early days, many places carried out investment promotion, but investment promotion should be divided into departments and organs. For example, some village committees attract investment, but they have no investment approval authority, and the approval authority of village committees is limited to homesteads. The scope of the right to attract investment in towns and villages is rural collective land, and cities and counties are urban state-owned land. At that time, they invited investment and agreed to build houses and factories on the land. In judicial practice, especially in Jiangsu and Zhejiang provinces, there have been relevant judicial precedents, which should not be casually confirmed as illegal buildings. The reason is that the right to examine and approve the legitimacy of local buildings lies in the planning and land department under the district government, and the act of attracting investment is an explicit provision or red-headed document made by the district government, which has the legal authority to determine the legitimacy of buildings. Since it is agreed to be built through the act of attracting investment, it cannot be casually identified as illegal construction.

Third, the rural land housing construction before the implementation of the 1986 Land Management Law cannot be considered as illegal construction.

China's land management law was implemented on June 25th, 1986, and 1982 Regulations on the Management of Rural Construction Land was abolished after the implementation of the land management law. Members of village collective land organizations who build houses on rural land have the right to apply for and obtain homesteads. The house was built before 1986, but the act of building a house was stipulated for the first time in the land management law implemented by 1986, so this act cannot be legally recognized as illegal building, or even illegal land use or illegal land occupation.

Fourth, before the adjustment of the overall land planning, the house met the land use planning at that time and obtained the relevant licenses in accordance with the laws and regulations at that time.

How to determine this concept? The planning of a certain place is 20 16-2020, and the houses were built before 20 16, which is in line with the five-year overall land use plan and cannot be arbitrarily identified as illegal buildings. Mainly in the adjustment of rural collective land, it is based on Articles 73, 76 and 77 of the Land Management Law. How to deal with land planning? How to deal with non-compliance with land planning? Rural land that met the requirements at that time but does not meet the requirements now cannot be casually identified as illegal buildings. Article 73 of the Land Management Law stipulates that only confiscation can be taken, and it cannot be dismantled within a time limit.

Fifth, if certain procedures have been obtained according to the urban and rural planning law, they can be solved by completing the procedures.

According to our country

According to the relevant provisions of Article 65 and Article 68 of the Urban and Rural Planning Law, those who have obtained the planning permit for construction land, site selection opinions and previous land-related procedures, and can obtain the final housing construction permit or immovable property right certificate by replacing the certificate or completing certain procedures, can completely complete the procedures, and cannot arbitrarily draw up illegal buildings, and should be given the opportunity to correct them or make corrections within a time limit. This situation can be seen everywhere in practice.

Sixth, buy out land use rights and buildings on the ground directly from the government.

Some governments transfer the land use right left by the original township enterprises (including some old transformation communities) at one time by bidding, auctioning and hanging, but there may be no corresponding procedures for the above-ground buildings at the time of transfer, so this situation cannot be arbitrarily compared to illegal buildings. This situation and undocumented situation are related to the trust interests of the government. This issue is also clearly stated in the opinions of the Federation of Trade Unions on the protection of property rights. Because the government was a trustworthy government at that time, it bought out land use rights and buildings on the ground, even if there was no relevant land certificate and real estate license, it could not be casually identified as illegal buildings.

Seventh, some places have real estate licenses or land certificates, that is, there are certain procedures, but the licenses are incomplete and cannot be considered as illegal buildings.

Obtained the land use right certificate, but there is no real estate license, or there is no relevant construction project planning procedures, which should not be considered as illegal construction. This is different from the first one. The first one was built before 2008, and the relevant procedures are complete. What I'm talking about here is that there are certain real estate and land procedures. In the early days (referring to 1997 1998 or so), in some places, there may be only one procedure when planning to use these lands and properties, and there are no other procedures. This kind of situation, in which certain formalities have been completed, but the license is incomplete, can be renewed.

Eight is the land contracted for agricultural production in rural areas, or the barren hills and wasteland reclaimed for free or the land used for basic farmland production and construction.

The contracted land of rural land refers to the situation that the members of village collective land construction have the complete right to contract and manage the land, or after obtaining the right to produce and manage the land through complete circulation procedures, they will use the contracted collective land for agricultural production and management, or reclaim barren hills and wasteland, and then use it for basic farmland construction land or building houses, which cannot be casually identified as illegal buildings.

If you encounter the above eight situations in real life, please don't give up your litigation rights. In the litigation, you will find that the application of the law, the identification of objective facts, the historical origin, the trust interests of the government and some illegal acts of the government may all lead to the re-identification of illegal buildings, and even some specific acts may shake the identification of administrative organs.