What if the house built in the past is useless? There are new rules in the policy!

Due to various complicated reasons, over the years, there have been some illegal land reserves in various places, which are the so-called historical problems, and they are large in number and involve a wide range. Without legal land use procedures, it can still be occupied and used for a long time, and some of them are privately transferred, which seems to take advantage, but it is impossible to apply for land mortgage and enter the secondary land market normally. In particular, after the collective management collective land is allowed to enter the market, those without legal land use procedures will be excluded from the open market.

There are three main ways to deal with illegal land use, one is demolition, the other is compensation and the third is suspension. The reason why there are a large number of historically formed illegal land uses is that for various reasons, all localities have never dismantled (or confiscated) or gone through the land use procedures, and some may have been fined and occupied, but they have always been on the account.

The main policies and measures given by the state on how to deal with the illegal land use in stock are as follows: First, it is legalized by completing the land use procedures and confirming the registration; Second, the problem of illegal land use that has been thoroughly investigated and registered in the special rectification of rural land occupation and housing construction is proposed to be piloted first, classified step by step, and handled safely. All localities are not required to carry out large-scale and large-scale centralized rectification of the stock problem. At present, the main focus of work is to control the increase and curb the increase.

In terms of how to complete land use procedures and ownership registration, the state has issued some policies and regulations at different times, and there are also some specific policies in various places.

Important reminder: It is not allowed to register building by illegally occupying cultivated land, building houses in violation of the red line control requirements of ecological protection, and illegally purchasing homesteads and small property houses by urban residents, and it is not allowed to legalize illegal land use through registration.

Latest policy provisions

0 1 comprehensively consider the requirements of relevant documents.

On September 23, 2022, the Ministry of Natural Resources issued the newly revised Working Rules for Investigating and Handling Violations of Natural Resources (Trial) (click to view). Part 4.3.3 of the new "Regulations" proposes that the undertaker should make suggestions on the basis of evidence identification and fact identification, in strict accordance with the provisions of laws and regulations, and comprehensively consider the requirements of relevant documents such as the disposal of historical buildings.

What needs to be noted here is: "comprehensively consider the requirements of relevant documents such as the disposal of historical buildings". Based on the principle of obeying laws and regulations and seeking truth from facts, in recent years, in order to avoid wasting social wealth and prevent simple and rude demolition, the state has issued some policy documents, such as special rectification of "big shed houses" and "villas", rural housing and self-built houses occupied by farmland, rural collective construction land and homestead registration. In law enforcement, the disposal of historical buildings should be considered comprehensively, not only according to the law, but also referring to relevant policy documents.

In other words, houses built in the past, although the land use is illegal, should be classified according to different situations. Some can go through the formalities of land use, some can be temporarily retained for several years, and of course some must be demolished or confiscated. So we must study and study the relevant policy documents.

At present, the country is carrying out a pilot project to rectify the rural housing problem from 20 13 to July 3, 2020. After the completion of the pilot project, a new disposal policy will be introduced. For the time being, we can no longer continue to build houses against the wind and illegally occupy land, and implement "zero tolerance" for new problems. Whoever is brave will tear it down at once!

202111On October 26th, the Rules for Judging the Legality of Law Enforcement Points of Land Satellite Films issued by the General Office of the Ministry of Natural Resources stipulated that after the promulgation and implementation of the Land Management Law, those who rebuild, rebuild or build new land on the construction land without approval or legal rights are regarded as new illegal land for non-agricultural construction.

The popular explanation is to catch up for 35 years. Starting from 1987, if the land you use has not gone through legal procedures, nor has it been replaced and the ownership registration been legalized, you can only maintain the status quo, and the roof can't be repaired if it leaks, and it can't be demolished if it collapses. Otherwise, once it is discovered by satellite films, the consequences will be very serious and troublesome.

Simply put, as long as the land you occupy has not been legally used, the best choice now is: don't move!

101October 2 1 day, Hebei publicly reported 1 1 typical rural housing cases, two of which belonged to decoration.

Hancheng Town, lubei district, Tangshan City, has poor supervision over the land used for decoration workshops. In May, 2022, Bai Ye Fangsheng Engineering Construction Co., Ltd. was renovated due to the roof damage of the factory building. In June, 2022, national satellite photos found that its renovation workshop illegally occupied 1.05 mu of cultivated land in Houchenghe Village, Hancheng Town, lubei district, Tangshan City. Hancheng town did not publicize the relevant policies and regulations on new illegal land use due to reconstruction, and did not take effective measures in time to stop it. At present, the illegal state has not been eliminated.

The problem of poor supervision of land use for remediation workshops in Xiliangwa Township, Anping County. 202 1 12, the factory building of yangjin fireworks and firecrackers co., ltd was rebuilt due to the damage of the original factory building. In May, 2022, national satellite photos found that its decoration workshop illegally occupied 6.79 mu of collective land in Nanliangwa Village, Xiliangwa Township, Anping County (including cultivated land 1.79 mu). Xiliangwa Township failed to publicize the relevant policies and regulations due to the new illegal land use in reconstruction and reconstruction, and failed to take effective measures in time to stop it. At present, the illegal state has not been eliminated.

03 "Three Tunes" are construction land?

There is a common phenomenon now, that is, some once occupied cultivated land, but in the land survey, especially in the "second adjustment" and the recent "third adjustment", they were identified as construction land. Does this mean "legal"? The answer is no.

"Two Tones" and "Three Tones" belong to the survey of land status, and the jargon is: what you see is what you get. That is to say, what kind of land is the status quo at the time of investigation, we will investigate why we should plant land, that is, cultivated land, and building houses is construction land. In this way, the "construction land" identified through investigation can be divided into two types, one with legal sources and the other without legal sources. Construction land without legal sources refers to construction land that has not been requisitioned, converted, approved or registered, but has been changed according to the current use in land survey.

If "Sandiao" is construction land, but there is no legal source, and it is discovered by national satellite monitoring due to new construction, reconstruction and expansion, it should be traced back when determining the land type, and generally catch up with the land type at the time of "Erdiao". "Second adjustment" is cultivated land, and it shall be punished according to cultivated land identification; If the "Second Tune" is construction land, it will be punished according to the identification of construction land, regardless of the legal source. It is still a situation. If the "Second Regulation" is construction land, but the "Third Regulation" is identified as cultivated land after investigation, it will be punished according to the identification of cultivated land.

Staged treatment policy

0 1: Problems in handling land use procedures

Guiding Opinions on Further Promoting the Redevelopment of Urban Inefficient Land (Trial) issued by the former Ministry of Land and Resources (Guo Tu Zi Fa [20 16] 147No.) (Note: this piece is valid for 5 years and has expired).

On August 2, 2022, the Ministry of Natural Resources issued the Notice on Actively Ensuring the Use of Marine Elements in Land Use (click to view), proposing that the construction projects using urban inefficient land can continue to be implemented in accordance with the relevant provisions of the Guiding Opinions on Further Promoting the Redevelopment of Urban Inefficient Land (Trial) (Guo Tu Zi Fa [20 16] 147). The document recommends that:

If the land use behavior occurred before1986 65438+February 3 1, the land administrative department of the people's government of the city or county shall issue an audit opinion that conforms to the overall land use planning, and after confirming the land ownership according to the Provisions on Determining Land Ownership and Use Right issued by the former State Bureau of Land Management, the people's government of the city or county shall go through the formalities of land ownership registration and certification.

1 987 65438+1October1998 65438+February 3 1 Land use behavior: it conforms to the overall land use planning, has signed land acquisition agreements with rural collective economic organizations or farmers and has been implemented, and no disputes have arisen due to land acquisition compensation and resettlement.

1 999 65438+1October12009 65438+February 3 1 Land use behavior: it conforms to the overall land use planning, has signed a land acquisition agreement with rural collective economic organizations or farmers, and has been implemented. There is no dispute caused by land acquisition compensation and resettlement, and the landless farmers have no different opinions so far.

02 collective construction land use right

The Notice of the former Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land (Guo Tu Zi Fa [2065 438+06] 19 1No.) proposed that:

1987 before the implementation of the land management law, the use of collective land to set up public welfare undertakings and public facilities in townships (towns) and villages can be determined according to law after being audited by the local township (town) people's government. Land used by township enterprises and other collective land approved for non-residential construction according to law shall continue to be used, which shall be determined according to law with the consent of local farmers' collectives and reported to the township (town) people's government for examination and approval.

1987 after the implementation of the land management law, land for public welfare undertakings and public facilities, land for township enterprises and other collective land approved according to law shall be determined according to the approval documents of the people's governments at or above the county level.

03 homestead over-area problem

The Notice of the former Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land (Guo Tu Zi Fa [2065 438+06] 19 1No.) proposed that:

1982 before the implementation of the regulations on the management of rural construction land: the homestead occupied by members of farmers' collective economic organizations for building houses has not been expanded since the implementation of the regulations on the management of rural construction land, regardless of whether it exceeds the later local area standard, it is registered according to the actual use area.

1982 "regulations on the management of rural construction land" came into effect until 1987 "land management law" came into effect: if the homestead occupied by members of farmers' collective economic organizations exceeds the local area standard, the excess area shall be registered according to the results of relevant national and local regulations.

1987 after the implementation of the land management law, if the homestead occupied by members of farmers' collective economic organizations exceeds the approved area, it will not be registered. Those that conform to the plan shall be retained after being dealt with according to law. After completing the relevant land use procedures, only the approved part will be registered, and the excess part will be indicated in the register and certificate.

If the homestead occupied by the house that has been transferred or donated in history exceeds the local area standard, it shall be registered in accordance with the policy and regulations that the homestead exceeds the area standard at the time of transfer or donation.

04 homestead problem of non-members of the village

The Notice on Further Accelerating the Registration and Certification of Confirmation of Homestead and Collective Construction Land issued by the former Ministry of Land and Resources (Guo Tu Zi Fa [20 16] 19 1No.) proposed that non-members of farmers' collective who use the homestead should be approved according to the unified planning of the government for poverty alleviation, geological disaster prevention, new rural construction, resettlement and so on. Should withdraw from the original homestead and cancel the registration according to law.

1982 before the implementation of the regulations on the management of rural construction land: homestead legally acquired by non-agricultural registered permanent residence residents (including overseas Chinese) or homestead occupied by houses legally acquired, which has not been expanded since the implementation of the regulations on the management of rural construction land, can be registered according to the actual use area.

From the implementation of 1982 "Regulations on the Management of Rural Construction Land" to the revision of 1999 "Land Management Law", the homestead legally acquired by non-agricultural registered permanent residence residents (including overseas Chinese) or the homestead occupied by houses legally acquired shall be registered in accordance with the approved area, and those exceeding the approved area shall be indicated in the supplementary column of the register and ownership certificate.

A policy without ownership and formalities

0 1 What if there is no land ownership source?

The Notice of the former Ministry of Land and Resources on Further Accelerating the Registration and Certification of Homestead and Collective Construction Land (Guo Tu Zi Fa [2065 438+06] 19 1No.) proposed that:

For the homestead without ownership source materials, the historical use and present situation of the land should be ascertained, and the owner, area and scope of the right to use the homestead should be confirmed by the local farmers' collective or village committee, and then publicized for 30 days without objection, with a certificate issued, audited by the township (town) people's government and reported to the people's government at the county level for approval. If it is legally used, it will be registered and confirmed.

For collective construction land without ownership source materials: the historical use and present situation of the land should be ascertained, and if it is deemed as legal use, it should be approved by the local farmers collectively and publicized for 30 days without objection. After being audited by the township (town) people's government, it shall be reported to the people's government at the county level for approval, and shall be registered and confirmed.

What if there is no planning procedure?

The Notice on Accelerating the Registration of the Right to Use Homestead and Collective Construction Land issued by the Ministry of Natural Resources (No.84 [2020] of the Ministry of Natural Resources) stipulates that:

The house on the legal homestead does not meet the planning or construction related materials, and if the relevant regulations have been issued locally, it shall be handled according to its regulations. If the relevant regulations have not yet been issued and are located in the planning area of the original city or town, they shall be registered after issuing planning opinions.

Located outside the planning area of the original city or town and built before the implementation of the Urban and Rural Planning Law, relevant materials that meet the planning or construction may not be submitted at the time of registration; Located outside the planning area of the original city or town and built after the implementation of the Urban and Rural Planning Law, the collective economic organizations or villagers' committees announce that there is no objection or the objection is not established 15 days. After being audited by the township (town) people's government, registration shall be conducted according to the audit results.

At present, there are still a lot of land illegally used for many years in some places, and it is very difficult to rectify it. The main reason is that no one is in charge when it is built, and there is no need to give policies. It doesn't matter if you really want to open it.