There was netizen query recently, I want to be in him home break up on base curtilage build a house, why village appoint can have you been illogical? Be in now the house is built on base curtilage, need notes what problem, we look together:
Does privately build room consequence to there is many serious?
The villager wants to use his curtilage base builds a house, those who carry out is program license management. Change character, was not examined and approve through planning to permit and build a house directly, be being told from firm legal sense break the law. Exceed law to set program limits or the house that cover an area of limits, be limitted likely to be violate the rules and regulations to build or cover an area of illegally.
Of our country curtilage base policy is " one curtilage " , the farmer can have one place only curtilage base, redundant curtilage base farmer both neither can break up build also cannot build, to other have not divide curtilage for the farmer of base, can build, but policy really more strict!
The farmer when building a house must note the following kinds of cases
One, begin construction break up build without examining and approve
Well-known, be in a country, no matter the building is built,still be face-lifting, need a course to examine and approve, in obtain relevant examination the construction of rear and movable labour of formalities. Say strictly, if begin to break up without examining and approve,build a house, attribute illegal action, once discover, the likelihood faces the end that amerce or building are demolished.
2, the building breaks up build the building height that sets more than
Break up build a building to having strict high level. Basis " rural housing builds technical policy " regulation, cent of rural house layout is perpendicular cent door (building number of plies 2, 3) divide with the level door (building number of plies 4, 5) , every building must not exceed 3.3 meters highly. If build 3 buildings, so the total height of the building must not exceed 9.9 meters, belong to otherwise violate compasses, meet what be demolished.
3, member of the collective that be not a village is done not have curtilage base access
Rural building and curtilage base is forbidden and furtive buying and selling, many oppidan have a country to buy the ground to propose the idea of room provide for the aged nowadays, but according to active legal laws and regulations, this kind is unallowed. Only member ability enjoys village collective curtilage the access of base, if not be collective member, also cannot be built or renovate a house.
4, the droit existence controversy of original building
In the process that counterpoises truly in land, about curtilage base is put in a lot of kinds of controversy, and the building on the ground also can appear build person and the case that make choose and employ persons is not same individual, bilateral opinion is skimble-scamble, how should the building break up build? This kind of circumstance is belonged to curtilage base or the authority of the building belongs to a relation unidentified, before Laofang is renovated, each just need to solve the ownership problem of former building, the authority of the building belonged to a relation to make clear, ability applies for to break up build a house.
5, building place is occupied curtilage base exceeds standard usable floor area
The house was built in the country in the past more optional, but now each district to curtilage the usable floor area of base published strict regulation, if building place is occupied curtilage the standard usable floor area that base area exceeded place to set, then this building also does not want to break up built.
Build a room to obtain the legal basis that the license examines and approve
What need to make clear above all is, even if in oneself, register through counterpoising truly promulgate of card curtilage inside base limits, the villager also cannot be built casually, extend building. Want to build the word of the room, must pass examine and approve, this is basic principle.
Basis " law of urban and rural program " regulation, use inside planning area of countryside, village original curtilage the program management idea that base has rural dweller residence is built, make by province, municipality, municipality directly under the Central Government. And some province stipulated need deals with countryside to build program licence clearly, some province stipulate need deals with countryside to build a room to examine and approve a watch, the purpose is to want to undertake inside legal limits the room is examined building.
For instance " Beijing is urban and rural program rules " regulation, in program a rural area, the villager is used original curtilage base undertakes villager residence is built, can execute a program to permit management, the program permits management to ought to plan to undertake according to the village, management ought to be united in wedlock with the service, produce the effect of villager committee, specific measure is made by city people government.
As a whole, curtilage the place that base farmer lives, importance is self-evident, the nature that build a house also is in reason, but cannot build a house at will again. Want a basis to propose room regulation, take normal technological process. In practice, country curtilage of house of base main rooms break up build, need satisfies two requirements.
It is to should accord with urban and rural program.
" People's Republic of China is urban and rural program law " the 41st regulation, use inside planning area of countryside, village original curtilage the program management idea that base has rural villager residence is built, make by province, municipality, municipality directly under the Central Government. Standing committee of Beijing National People's Congress passed 2009 " Beijing is urban and rural program rules " the 41st, in program a rural area, the villager is used original curtilage base undertakes villager residence is built, can execute a program to permit management, the program permits management to ought to plan to undertake according to the village.
Accordingly, in original the behavior that builds a house breaks up to ought to be obtained on base curtilage relevant examine and approve formalities, its program is: To countryside, town people government offers application, by countryside, town people government signs up for government of people of city, county licence of program of construction of countryside of hair of nucleus of branch of director of urban and rural program, obtain a license rear can carry out by specific requirement original curtilage of base turn over the Construction Bank to be.
2 it is already lawful obtain curtilage base access, and break up build must not exceed have the range that uses access legally.
Basis " land management method " the 62nd regulation, rural villager can own one part only curtilage base, its curtilage the level that the area of base must not exceed province, municipality and regulation of municipality directly under the Central Government. " Beijing people government uses the ground to administer a certain number of regulations about strengthening rural villager to build a house " regulation, the villager builds a room every to use the level of the ground, by basis of government of people of each area, county the circumstance of area of politics of one's own profession is decided, but suburb the village with much little ground of each area and person of outer suburbs area, highest must not exceed 0.25 mus of; other area is highest must not exceed 0.3 mus. Before 1982 of delimit curtilage base, over before of the standard using the land that the paragraph sets, can press every highest the level that does not exceed 0.4 mus from wide maintain, plan to be adjusted stage by stage according to rustic construction partly more than.
Basis " land management method " the 77th regulation, rural villager is approved without approve or adopting beguiling method diddle, take up land builds the house illegally, by administration of land of government of people of prefectural class above director branch is instructed return the land that takes up illegally, deadline demolishs the house that builds on the land that takes up illegally. Exceed the standard that province, municipality, municipality directly under the Central Government sets, the land that takes more with taking up illegally land punish.
Anyhow, want to build a house oneself in the country, still want to accord with a country to set, just be well-advised choice!
The more land, information that build a house, information countryside builds room chamberlain: Zoufenfang18
