First of all, understand the legal provisions
According to the relevant laws and regulations of land management in China, cultivated land is a strictly protected land resource, and it is illegal to occupy cultivated land for non-agricultural construction without approval. Therefore, building houses in rural areas occupies cultivated land, first of all, we need to understand the relevant laws and regulations and clarify our legal responsibilities.
Second, communicate with relevant departments.
On the basis of understanding the legal provisions, the parties involved in rural housing renovation should communicate with local land management departments, agricultural and rural departments and other relevant departments to understand the specific processing procedures and requirements. These departments usually ask the parties to provide relevant supporting materials, such as land certificates and building permits, to verify the situation.
Third, apply for completing the formalities
If there are indeed illegal acts in the renovation of rural houses, the parties concerned shall actively cooperate with the work of relevant departments and take the initiative to apply for completing the relevant procedures. Including applying to the land management department for the change of land use rights and applying to the agricultural and rural departments for the use of agricultural facilities. In the application process, the parties need to provide relevant certification materials and pay relevant fees in accordance with the regulations.
Fourth, punish illegal acts.
When completing the formalities, the parties concerned should also actively correct the illegal acts and restore the occupied cultivated land to its original state or make rational use in accordance with relevant regulations. This includes the demolition of illegal buildings and the restoration of cultivated land planting conditions. If the rectification is not in place or refuses to be rectified, the parties may face administrative punishment or even criminal responsibility.
Verb (abbreviation of verb) strengthens publicity and education
In order to avoid the recurrence of similar problems, the local government and relevant departments should strengthen the publicity and education of land management laws and regulations and raise farmers' awareness of land protection. At the same time, we should also establish and improve the land supervision mechanism, strengthen the daily supervision and inspection of rural land use behavior, and find and stop illegal acts in time.
To sum up:
When rural housing renovation occupies cultivated land, the parties concerned should first understand the relevant laws and regulations, communicate with relevant departments and apply for completing the formalities. While completing the formalities, we should actively correct illegal acts and strengthen publicity and education. Through these measures, the problem of rural housing occupying cultivated land can be effectively solved, and the rational utilization and protection of land resources can be maintained.
Legal basis:
the land administration law of the people's republic of china
Article 37 provides that:
Non-agricultural construction must save land. Those who can use wasteland shall not occupy cultivated land. Those who can use inferior land shall not occupy good land.
It is forbidden to occupy cultivated land to build kilns and graves, or to build houses, dig sand, quarry, mine or borrow soil on cultivated land without authorization.
It is forbidden to occupy permanent basic farmland to develop forestry and fruit industry and dig ponds to raise fish.
the land administration law of the people's republic of china
Article 75 provides that:
Anyone who, in violation of the provisions of this Law, occupies cultivated land to build kilns and graves, or builds houses, digs sand, quarries, mines and borrows soil on cultivated land without authorization, which damages the planting conditions, or causes land desertification and salinization due to land development, shall be ordered by the competent department of natural resources of the people's government at or above the county level and the competent department of agriculture and rural areas to make corrections within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.