Is it illegal to tear down old houses in rural areas and build new ones?

It is not illegal to tear down old buildings and build new ones in rural areas as long as they are approved by relevant departments.

If the house is rebuilt beyond the original site, it is an illegal building. Even if it is not beyond the original site, it is illegal to rebuild the old house without the approval of the government department. In short, everything that has not been approved by government departments is illegal. The difference is that some are illegal and some are illegal. Illegal construction refers to buildings, structures and other engineering facilities built in violation of planning management laws and regulations.

Building a house on a legally acquired homestead is not an illegal building. Rural residents to build houses, to be audited by the township government, and approved by the county government, before implementation. Without approval, it is an illegal building. The demolition and reconstruction of rural areas on the original homestead also involves the issue of unified planning. It is necessary to apply for a rural construction planning permit, and after the corresponding application and examination and approval, the permit (pre-permit in administrative management) is obtained, and then the rural construction management station of the town government can send personnel to the site to pay off the line and start construction. Otherwise, it is illegal construction or has not obtained a construction permit.

The criteria for determining violations are as follows:

(1) Buildings built without application or approval and without obtaining construction land planning permit and construction project planning permit;

(2) changing the buildings built according to the provisions of the construction project planning permit without authorization;

(three) buildings built without changing the nature of use;

(4) setting a temporary building into a permanent building without authorization.

Legal basis:

People's Republic of China (PRC) Urban and Rural Planning Law

Article 40 For the construction of buildings, structures, roads, pipelines and other projects in urban planning areas and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of a city or county or the people's government of a province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

To apply for a planning permit for a construction project, the relevant certification documents for land use, the design scheme of the construction project and other materials shall be submitted. A detailed construction plan shall also be submitted for a construction project that requires the construction unit to prepare a detailed construction plan. To meet the regulatory detailed planning and planning conditions, the competent department of urban and rural planning of the people's government of the city or county or the people's government of a town determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall issue a planning permit for construction projects.

The competent department of urban and rural planning of the people's government of a city or county or the people's government of a town as determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall publish the general plan of the approved detailed planning and design scheme of the construction project according to law.