How to judge whether it is legal to delimit land from rural self-built houses?

It is basically illegal to build a house on agricultural land such as cultivated land.

Article 62 of the Land Management Law stipulates that rural villagers should build houses in accordance with the overall land use planning of townships (towns), and try their best to use the original homestead and village parents.

Item 10 of the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead stipulates that rural villagers should make full use of the village homestead, old homestead base, wasteland and abandoned land when building, rebuilding and expanding their houses. Where there is a library in the village and the old house base is not used, the occupation of cultivated land shall not be approved. The use of villages and old houses to build houses must also conform to the planning. Accordingly, rural villagers will face two consequences when building houses on agricultural land without approval: first, the houses themselves are illegal and will not be compensated in principle; Second, the construction itself is suspected of illegally occupying land, and the local land department has the right to order the return of illegally occupied land and dismantle new houses within a time limit according to the provisions of Articles 77 and 83 of the Land Management Law. If the house is demolished without prosecution within the time limit, the land department has the right to apply to the people's court for compulsory execution according to law, that is, the house may eventually face the doom of being demolished by judicial demolitions.

Self-built houses built on the homestead should be treated differently:

First of all, it needs to be clear that even within the scope of their registered homestead, rural villagers are not allowed to build or expand houses at will. Building a house must be approved, which is the basic principle.

According to the provisions of the Urban and Rural Planning Law, the planning and management measures for using the original homestead to build rural villagers' houses in township and village planning areas shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government. The Regulations of Beijing Municipality on Urban and Rural Planning stipulates that when planning rural areas, villagers can use the original homestead to build villagers' houses and can implement planning permission management. Planning permission management should be based on village planning, combining management with service, and giving full play to the role of villagers' committees. The specific measures shall be formulated by the Municipal People's government.

Accordingly, one thing is clear: rural villagers should use their own homestead to build new houses and implement planning permission management. In other words, it is illegal to build a house directly without the approval of the planning permission and the rural construction planning permit in a strict legal sense.

How to legally build houses in rural areas?

Item (6) of the Opinions of the Ministry of Land and Resources on Strengthening the Management of Rural Homestead stipulates that rural villagers need to use the homestead to build houses:

An application shall be submitted to the collective economic organization;

And in the collective economic organizations or villagers' groups posting;

If there is no objection at the expiration of the publicity period, it shall be reported to the township (town) for approval, and then to the county (city) for approval;

After the homestead is approved according to law, the rural collective economic organizations or villagers' groups shall timely post the approval results.

Item (7) further stipulates that in the process of homestead approval, the township (town) land and resources management should be "three present". Namely:

1. After accepting the application for homestead, it is necessary to go to the field to review whether the applicant meets the conditions and whether the proposed land meets the planning;

2. After the homestead is approved according to law, it shall be measured and approved on the spot;

3. After the villagers' houses are completed, they should go to the field to see whether the land is used according to the approved area and requirements.