Standards for building houses on protected agricultural land

Villages: According to the research decision of the Town Party Committee on February 365438+ 1 2005, the Regulations on the Management of Rural Villagers' Building in Xihu Town are hereby issued to you, please follow them. Regulations on the Management of Rural Villagers' Building in Xihu Town Article 1 In order to standardize the management of rural villagers' building in our town, these regulations are formulated in accordance with the provisions of the Land Management Law of the People's Republic of China and other laws and regulations and the Procedures for the Examination and Approval of Rural Villagers' Building Land formulated by the Municipal Bureau of Land and Resources (for Trial Implementation), combined with the actual situation of our town. Second, the collection announcement has been issued or included in the prohibited construction area of key construction projects in the near future; These Provisions shall apply to rural villagers who have not issued a collection announcement and have not been included in the recent key project construction to apply for new construction, expansion and reconstruction of homestead. In order to reduce the waste and loss in the urban planning area, it is suggested to build bungalows in principle, and make a written commitment to obey the needs of planning and construction and dismantle them on time. Article 3 The villagers' committee shall be responsible for providing relevant information after verifying the existing houses, family members and household registration of villagers in the village; Do a good job in the coordination of land ownership and neighborhood relations involved in villagers' building. Article 4 Building standard: 1. According to Article 43 of the Measures of Anhui Province for Implementing the Land Management Law of the People's Republic of China, a rural villager can only own one homestead, and the area shall not exceed 160 square meters; 2. Newly reported building or bungalow area 1.20 square meters mountainous area (Nonglin Village, Chaitang Village, Yuejin Village, Shizishan Village, Chaoshan Village and Changlong Village); The polder area (Hengtang Village, Lianfu Village, Shishan Village and Xinwei Village) shall not exceed 100 square meter; 3. Considering the safety of buildings, the total height of new buildings shall not exceed 9 meters, and the eaves of bungalows shall not exceed 3.5 meters; 4, the new application for the construction of the garage, must be incorporated into the unified design of the building, no longer separate approval of the new garage; In principle, the height of the garage built separately is the same as that of the existing building, the width is not more than 3 meters, and the depth is not more than that of the original building. 5. Agriculture and Forestry Village and Chaoshan Village, two key construction villages in beautiful countryside, conform to the approved plan. Two sets of architectural legends are designed by professional design units for villagers to choose from, and submitted to villagers for building applications after the village audit meets the requirements. Article 5 Anyone who meets the following conditions is allowed to apply for building a house: 1. After identification, the existing houses of farmers are indeed dangerous buildings and need to be demolished and rebuilt; 2. Comply with laws and regulations on facilities related to transportation, communication, electric power, water conservancy and soil and water conservation; 3, because of marriage and other reasons, it is really necessary to build a house, the original homestead area is lower than the household standard; 4. Retirees without housing; 5. The released prisoners have no housing and need to build houses; 6, approved by the people's governments at or above the county (District) to return to their places of origin, and there is no housing elsewhere; 7, the original housing due to natural disasters, geological disasters and other reasons to form a dangerous building need to choose another address, I voluntarily return the original homestead to the collective; 8. Other conditions stipulated by laws and regulations. Article 6 Building on the homestead shall not be approved under any of the following circumstances: after the implementation of the Land Administration Law of the People's Republic of China on June 1 day, 1987, 1 day, illegally transferring the homestead and above-ground buildings by lease, sale, gift or other forms, or using the house for other purposes; 2, illegal land occupation or illegal housing is not handled; 3, affecting ditches, channels, roads, culverts and highways, railways, rivers, bridges, electricity and other protected areas; 4, geological disaster prone areas and geological disaster points; 5, has enjoyed the welfare housing distribution or the original housing was imposed and placed; 6. Although there are rural collective economic organizations, they are not actually producing and living locally, which is called "empty households"; 7, do not have the household conditions or the original homestead area can really solve the household needs or the original homestead area exceeds the legal standard of "one household, one house"; 8, apply for homestead land ownership disputes; 9. Other conditions stipulated by laws and regulations. Seventh rural villagers to apply for housing, in principle, should be in the original site to arrange the demolition of old houses to build new houses. The villagers of new houses shall sign an agreement with the village committee to withdraw from the old house base, and the village committee shall be responsible for supervising the demolition of old houses. Rural villagers should sort out their old house bases, learning cars and wasteland to build houses, and it is strictly forbidden to occupy agricultural land to build houses. Article 8 It is strictly forbidden for non-members of the collective economic organizations to occupy collective land for building houses. Article 9 Rural villagers shall apply for building houses according to the following procedures: 1. Rural villagers who meet the building conditions submit a written application to their village committees. After the meeting of the two village committees, the location and area of the site will be publicized in the villagers' group for 5 days, and reported to the town government after no objection. 2. Tucheng Station, within 5 days after accepting the farmers' application for building houses, will arrange personnel to conduct on-site investigation, investigate and verify the existing housing, family members and household registration, and draw a map of land use. 3. The village committee organized the villagers' building hearing. Members of the two committees of the villagers' group where Louhu is located, village leaders, representatives of party member, villagers and neighbors attended, and the Town Tucheng Station and the Urban Management Squadron arranged personnel to attend. 4, the mayor's office will arrange a meeting every month, report to the farmers for approval. 5. After the approval of the town government, notify the applicant within 5 days, and the Town Tucheng Station and the Urban Management Squadron will arrange personnel to pay off at the site according to the approved position, so as to delimit the location of construction land for the building applicant. 6. The applicant shall complete the project construction within half a year after the release, and the Town Tucheng Station and the Urban Management Squadron shall be responsible for supervision during the construction period. 7. The approval form shall be submitted to the District Bureau of Land and Resources and the District Administrative Law Enforcement Bureau for the record within 3 days. Article 10 The design of rural villagers' houses shall adhere to the principles of applicability, economy, safety and beauty, conform to the national and local regulations on joint and disaster resistance, and be in harmony with the surrounding environment. Eleventh construction applicants are strictly prohibited from changing the setting-out position without permission, and offenders will be treated as illegal buildings. If rural villagers use land to build houses without approval or by deception, the land department in conjunction with the urban management shall order them to return the illegally occupied land and dismantle the newly built buildings and other facilities on the illegally occupied land within a time limit. Twelfth farmers have more than one homestead, each household can only keep a standard homestead, the rest of the homestead must be owned by the collective according to law. Those who refuse to withdraw shall be punished as illegal occupation of land. Thirteenth houses that exceed the prescribed height, exceed the construction area and occupy more land shall be treated as illegal buildings. Town urban management squadron should strengthen inspections, find illegal buildings to stop in time, stop ineffective, and promptly report to the district urban management brigade for dismantling according to law. Article 14 Annex of the Approval Form for Building Houses by Rural Villagers in Xihu Town: 1 Meeting materials discussed and agreed by villagers' groups and villagers' committees when rural villagers apply for building houses; 2, rural villagers to apply for homestead building, in the collective economic organizations or villagers' groups posting, publicity expires (5 days) without objection to the publicity materials; 3. Topographic map of the proposed location of the application homestead; 4, in line with the first paragraph of article seventh, the building and the villagers' committee signed an agreement to withdraw from the old homestead, 5, other materials that should be reported. Article 15 The construction land for facility agriculture such as farmers' breeding and aquaculture in this town shall be implemented with reference to these Provisions and the Notice of Anhui Provincial Agriculture Committee of Anhui Provincial Department of Land and Resources on Further Supporting the Healthy Development of Facility Agriculture (No.[20 14] 18 1). Sixteenth the provisions shall come into force as of the date of promulgation, and shall be interpreted by Zhentucheng Station, and shall be valid for two years.

Legal objectivity:

Measures for the Administration of Rural Homestead Article 9 Rural villagers can only own one homestead. The area standard of homestead (including ancillary buildings and courtyard land) shall not exceed1.25m2.. Other land shall not exceed140m2; Conditional use of mountainous wasteland, barren slopes, not more than 160 square meters. The land area of homestead is limited to 75m2 for farmers with three or less people, 4-person farmers100m2 and 5-person farmers110m2; Farmers with 6 or more people are within125m2. If non-cultivated land is used, the maximum increase of each file can be15m2; Where there are conditions to use barren slopes and barren hills to build houses in mountainous areas, each file can be increased by up to 35㎡. The implementation of the transformation of old villages, down the mountain resettlement area of more than 20㎡, can relax a grade of land use indicators.