"Long" villas in cultivated land, local grass-roots land authorities actually sell real estate?

Yes, in mid-March, the reporter of Economic Half-hour rushed to Xinyang City, Henan Province. In Xiaodian Township, Pingqiao District, Xinyang, Xiaodian Township Central Primary School has just been put into use. Just on the east and west sides of Xiaodian Township Central Primary School, just separated by a wall, dozens of townhouses have sprung up.

Mr. Xu, the developer of the house, said that this land was originally cultivated land. Xiaodian Township collects the transferred land from farmers by building schools. But in this land, there are so-called "villas" that these developers are selling with schools.

I heard that I asked about the land use of villa houses near Xiaodian Township Central Primary School. Director Zhang of Xiaodian Township Land Management Office is very enthusiastic. First of all, he took the initiative to show the reporter a copy of the Reply of Xinyang Natural Resources and Planning Bureau on the 20 19 Implementation Plan for the Twentieth Batch of Urban and Rural Construction Land in Pingqiao District. The director told the reporter that with this reply, this kind of house is equivalent to having a future ID card and can be purchased with confidence.

Then, Director Zhang also showed the reporter the current plan of this land. On this planning map, the reporter clearly saw that the land used for building villas and houses was 0.0675 hectares, and it was clearly marked on the planning map as all agricultural land and 0.0675 hectares of cultivated land (all paddy fields).

Is it illegal to build houses on cultivated land? Director Zhang comforted the reporter that at present, the rural construction planning permit and the collective land use permit of the plot have not been completed, but they are all being processed, which does not hinder the sale of the house, and the reporter can buy it with confidence.

Although the land management department said it with confidence, the reporter still saw from the reply document of Xinyang Natural Resources and Planning Bureau that the new district should strictly implement the land supply policy, and it is strictly forbidden to arrange land use projects and elimination projects that are restricted or prohibited by the state in violation of regulations. After the increase or decrease of linked projects is approved, the land can be used only after going through the examination and approval procedures for land acquisition and land supply in strict accordance with relevant national laws and regulations.

Extended data

Houses built on farmland violate laws and regulations.

In fact, as early as May 14, 2020, the Ministry of Natural Resources issued the Notice on Accelerating the Registration of the Right to Use Homestead and Collective Construction Land, clearly stating that illegal land use should not be registered and legalized without registration.

In July 2020, the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs jointly issued the "Notice on Eight Prohibitions on Illegal Occupation of Cultivated Land for Building Houses in Rural Areas", which also explicitly required that houses built on cultivated land should not be illegally sold. Illegal occupation of land collectively owned by farmers, especially houses built on cultivated land, is an illegal building, and related trading activities are not protected by law, so it is impossible to register real estate.

For these houses that occupy farmland and cultivated land, they not only violate the laws and regulations of the state, but also have other legal responsibilities. The lawyer also issued a reminder. He told reporters that these illegally built small property houses simply do not have the legal nature of ordinary commercial houses. When consumers buy these houses, there are great legal and policy risks.

China Youth Network-CCTV made a heavy exposure: "Long" villas on cultivated land, local grass-roots land authorities actually want to sell real estate?