According to the relevant provisions of articles 65 and 68 of China’s urban and rural planning law, those who have obtained the building land planning license, the site selection opinion and the previous land related procedures, and can obtain the final building construction license or real estate ownership certificate by correcting or completing certain procedures, can completely complete the procedures, and can not be arbitrarily drawn up as illegal buildings, They should be given the opportunity to make corrections or to make corrections within a time limit.
In practice, I would like to remind you that if your building is built before 2008 and has complete land use rights, you should be aware of whether your house is applicable to the urban and rural planning law, whether it meets the overall land use planning at that time, and whether it is an illegal building.
The urban planning law before 2008 also has provisions, 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 legal retroactivity and application.
If they are demolished, they should be compensated fairly.
The reason is that China’s “urban and rural planning law” was implemented on January 1, 2008.
According to the above situation, illegal buildings can not be arbitrarily identified.
It should not be arbitrarily confirmed that it is illegal construction.
If a member of the village collective land organization builds a house on rural land, he has the right to apply for and obtain the homestead.
First of all, you should have a complete land use right and a complete land use right certificate, or the land use right determined for you by the corresponding functional departments, or the collective construction land use right obtained by township enterprises through legal approval procedures, or the state-owned industrial land use right obtained through bidding, auction and listing, and the building was first built or expanded before 2008.
3、 The construction of houses on rural land before the implementation of the land management law in 1986 cannot be regarded as illegal construction.
Since the construction is approved through investment attraction, it can not be arbitrarily identified as illegal construction.
These buildings should not be treated as illegal buildings in the process of requisition and demolition.
For example, some village committees attract investment, but the village committee does not have the approval power to attract investment, and the approval power of the village committee is only limited to the homestead.
The planning of a certain place is from 2016 to 2020, and the houses are built before 2016, and conform to the five-year land use master plan, which can not be arbitrarily identified as illegal buildings.
In the early days, many places carried out investment promotion, but investment promotion should be divided into different departments.
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The first is that it should be built before 2008 and have complete relevant procedures.
This situation can not be arbitrarily analogized as illegal buildings.
At that time, they invited investment and agreed to build houses and factories on the land.
7、 Some places have property certificates or land certificates, that is, there are certain procedures, but the certificates are not complete, which can not be recognized as illegal construction.
The reason is that the approval authority of local building legality lies in the planning and land department under the district government.
2、 For investment attraction, the construction shall be approved by the government or functional department with the right to examine and approve the legality of construction.
Investment attraction is an explicit regulation or red document made by the district government, which has legal authority to determine the building legality.
This is different from the first one.
Both this situation and the situation without certificates involve the trust interests of the government.
1、 The house was built before 2008.
They cannot be demolished at will.
Obtaining the land use certificate, but without the real estate certificate, or without the relevant planning procedures for the construction project, which should not be recognized as illegal construction.
The scope of the right to attract investment in townships and towns is rural collective land, while cities, counties and districts are urban state-owned land.
4、 Before the adjustment of the overall land planning, the house conforms to the land use planning at that time and has obtained the relevant certificates and licenses in accordance with the laws at that time.
5、 If certain procedures have been obtained in accordance with the urban and rural planning law, they can be solved by going through supplementary procedures.
Please rest assured to follow.
Graphic source network, infringement contact delete! In practice, it is not uncommon for illegal buildings to be demolished, and “promoting demolition by demolishing illegal buildings” has not stopped despite repeated prohibitions.
China’s “land management law” was implemented on June 25, 1986, and the “Regulations on the management of land for building houses in villages and towns” in 1982 was abolished after the implementation of the “land management law”.
Here, we are talking about certain real estate and land procedures..
In judicial practice, especially in Jiangsu and Zhejiang, there have been relevant judicial precedents.
It is also stipulated in the “urban and rural planning law” that whether urban and rural buildings are illegal buildings is finally determined.
The house was built before 1986, but the first regulation on building a house was in the land management law implemented in 1986.
Therefore, this kind of behavior can not be determined as illegal construction in law, or even illegal land use or illegal land occupation.
Here we remind you that although some houses look like illegal buildings, they are not real buildings, or they can become legal buildings after completing the formalities.
6、 It directly obtained the land use right and above ground buildings from the government.
Some governments sell the land use rights left over by the previous township enterprises (including some old and reformed communities) in one go through bidding, auction and other methods, but there may be no corresponding procedures for the above ground buildings when they sell them.
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Houses built, renovated and expanded before 2008 have complete land use rights.
If your house is suspected of illegal construction due to the following seven circumstances, do not give up rights protection.
Illegal forcible demolition will bear legal responsibility.
