Want to differentiate registered permanent residence is not in a country but still had built in the country have a building this kind of circumstance, calculate do not calculate violate compasses, when be about to see this building be built at the outset above all, where is the registered permanent residence of house-owner, this are very important, it is the key of whole issue, also be to discern whether is this building belonged to violate the problem place that build.
Everybody knows, of the country curtilage base access puts in village collective 's charge all, the villager ability that only registered permanent residence is in a country sets according to law quite, enjoy freely lawfully curtilage the access of base, and want comply with one curtilage regulation, the villager offers application, after village collective considers to agree, report branch of ranking concerned administrator to examine and approve agree rear can undertake building construction. Pass the house that this kind of way builds, just be lawful. Seeing rural building whether be violated so compasses, whether is the number of households and total population that should view house-owner above all this village, and the member that belong to village collective to be organized, and accord with one curtilage principle, at the same time again lawful construction builds formalities.
Rural building
Before building construction, registered permanent residence is in a country, through lawful examination formalities is obtained curtilage the access of base. After building building, ability change gives number of households and total population of this village, it is lawful that that has built some buildings in the country.
Some villagers, when building a building, registered permanent residence is in the village, and adopt legal approach, the course is layer upon layer after examining and approve, obtained curtilage the access of base, next contributive in this the building is built on base curtilage. So this building is legal structure, do not belong to violate compasses construction. Of course, after the building has been built, the change of registered permanent residence of this house-owner gives a country, but basis " the ground goes along with the room " principle, below this building curtilage the access of base still puts in house-owner 's charge to use lawfully, renovate just does not allow after the building.
Building construction
Registered permanent residence is not in a country, but the building is to be before 1986 " land management method " before promulgating, build, this building also is lawful
The comparison that past country catchs to building construction is loose, it is especially before 1986, at that time " land management method " have not promulgate carry out, curtilage base is examined and approve if the village agrees later, government of on one class basically does not grant to interfere. That moment builds the building that rise, fill later did procedure, issued house property card. Although await registered permanent residence to not be in the village in those days, before is the person of the village, can build a house in native place. Issue built building like this kind of circumstance, also be lawful.
Registered permanent residence is not in a country, but the building is belonged to successive the bequest of old person of on one generation, also be lawful
Some person registered permanent residence are not in the village, but parental registered permanent residence still is in all the time native place, this building also is the lawful belongings of the old person. When the old person hundred years later, by its as the building nature of private property children accedes lawfully. Of course, what children accedes is the building that the old person is in a country only, this curtilage base is not to allow to accede. But the characteristic that serves as a building, it and land cannot depart, so according to this one principle, that this curtilage the access of base still is be accompanying building, use by heir. But this access is not forever, successive building does not allow to break up build, when cannot live after person or natural collapse, curtilage the access of base is called in lawfully by village collective.
Country curtilage base is forbidden and illegal make over
So, if the building is built when, registered permanent residence has been absent the circumstance of the village, belong to break the law. Because of the country curtilage the member that base just offers village collective to be organized is used, any buying and selling or illicit rotation let curtilage the act of base access violates.
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