Fortune Telling Collection - Comprehensive fortune-telling - Is it illegal to see the homestead by fortune telling _ Can fortune tellers believe it?
Is it illegal to see the homestead by fortune telling _ Can fortune tellers believe it?
The expansion of rural houses is an illegal occupation of land, which is illegal.
No matter how much the rural homestead exceeds, the excess part is illegal construction, and houses can only be built within the area specified in the homestead certificate. If there is any excess, it is suspected of illegal occupation of land without approval, which is also a violation of land management laws and regulations, and it shall be handled by the land administrative departments of the people's governments at or above the county level.
According to the land management law, a rural villager can only own one homestead, and the area of the homestead shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the central government. Homestead refers to the collective construction land obtained by farmers according to law for building houses and their ancillary facilities. Its basic principle is "one household, one house", that is, a rural resident can only apply for a homestead that meets the prescribed area standard. According to the specific situation of local resources and the principle of economical and intensive land use, the standard of homestead area is strictly determined nationwide. According to the provisions of Article 77 of our country, if rural villagers illegally occupy land to build houses without approval or by deception, the land administrative department of the people's government at or above the county level shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit. Those who exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government shall be punished for illegal occupation of land.
The criteria for determining violations are as follows:
1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;
2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;
3, without changing the nature of the use of buildings;
4. Set the temporary building into a permanent building without authorization.
To sum up, the demolition of old houses and the construction of new houses in rural areas are not illegal 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.
Legal basis:
Fortieth article of People's Republic of China (PRC) Urban and Rural Planning Law
In the construction of buildings, structures, roads, pipelines and other projects in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the town people's government determined by the people's government of the city or county or the people's government of the 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.
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