You cannot build a house at will, and you should pay attention to related legal issues!

In recent years, with the rapid development of rural economy, many rural self -built housing reform and expansion have been used as restaurants, hotels, supermarkets and other operating places. These self -built houses often lack professional design, irregular construction, and prominent safety hazards. Which houses are self -built houses? Is there a property right for self -built houses? What procedures should be fulfilled to build a self -built house? What are the restrictions in use?

What is "self -built house"? Does it have legal property rights?

Strictly speaking, "self -built houses" are not a legal concept. In practice, it refers to the unit or individual who has the right to use the land. In order to meet the needs of their own production and life, the houses and buildings built by the construction of others are organized. With the characteristics of self -building, self -occupation, and self -control, it can generally be divided into residents 'self -built houses and farmers' self -built houses.

Whether the self -built house can have legal property rights depends on whether it has fulfilled the planning and approval procedures. For houses that have not obtained planning and approval procedures, it should be illegal construction.

What kind of materials should they be submitted to the planning and approval procedures for self -built houses?

In accordance with the provisions of my country's urban and rural planning laws, if buildings and construction buildings are carried out in urban and town planning areas, the construction unit or individual shall be the competent urban and rural planning department of the city, the county people's government, or the provincial, autonomous region, and municipal people's government. Apply for a construction project planning permit. Applying for the construction engineering planning permit, the relevant certification documents, construction engineering design plans and other materials shall be submitted to the land use of the land; the planning and management measures for the construction of the original homestead in the township and village planning areas are 2. Municipalities directly under the Central Government need to apply and obtain the "Planning Plan for Rural Construction". The construction unit or individual can apply for land for approval procedures after obtaining a rural construction planning permit.

What are the problems of self -built houses in the construction process?

In accordance with the provisions of my country's Land Management Law, Urban -Rural Planning Law, Construction Law, and "Several Opinions on Strengthening the Quality and Safety Management of Village and Township Construction Projects", there are several issues to pay attention to the following issues:

Farmers' self -built houses are not allowed to build high -rise houses. The number of buildings can be constructed by the local area according to the situation, and houses above three floors are generally not allowed. Taking Beijing as an example, only two -story and below two floors are currently allowed.

The residential construction party of high -rise houses requires the qualifications of corresponding construction. "Self -built low -rise residences" refers to the residential construction of two -story (including two floors) below houses (including two floors). Farmers built two -story (including two floors). For three -story (including) houses, the contractor must have the corresponding construction qualifications. At the same time, pay attention to the following points:

Not allowed to build first. Before building a house, the construction drawings shall be issued by the construction company or professional construction team, and the application is submitted to the government. After approval, it can only be started, and it is not allowed to build it while approval.

The construction of over -area standards is not allowed. If a house is built in urban and town planning areas, housing shall be built in strict accordance with the approval area. For rural self -built houses, the principle of "one household, one house" is implemented, and the area of ​​farm house sites in various places is generally stipulated by local land management regulations.

There must be a small number of batches. Do not exceed the scope of approval to occupy a residential building, otherwise the relevant administrative organs will be identified as illegal construction in accordance with the provisions of the Land Management Law.

The house is not allowed to be renovated at will. When renovating old houses and dangerous houses, it is necessary to submit an application to the competent department of urban and rural planning or the village committee, approval and obtain a construction project planning permit or rural construction planning permit.

Do not violate relevant national project construction standards, and must not violate the ventilation, lighting and sunlight of adjacent buildings.

What are the restrictions on the use of self -built houses?

Article 279 of the Civil Code stipulates that the owner shall not violate the laws, regulations, and management rules to change the house into a operating house. The Land Management Law also clearly stipulates that the state implements the land use control system. Units and individuals who use land must use the land strictly in accordance with the use of the overall planning of the land. Therefore, the self -built house is only self -built by the house, and it is still not allowed to change its use without authorization. For example, the self -built house on the homestead is set to ensure the basic living needs of members of the rural collective economic organizations. It is limited to the construction of a personal house. "Small property houses" or operating houses.

Can villagers from the village buy a self -built house built on the homestead?

House sites are set up to protect the basic living conditions of the villagers in the village. Villagers who are not in the village shall not purchase the house site to build houses. This is strictly prohibited by the law. Victory of members of collective economic organizations.

Due to illegal regulations, the self -built houses on the homestead are promoted and expanded, and how should neighbors have hidden dangers in the hidden dangers of neighbor houses?

This situation is a dispute between adjacent relationships. Article 295 of the Civil Code stipulates that the property rights of the property shall not endure the safety of neighboring real estate. If the negotiation is not achieved, a lawsuit can be filed with the court, and the court will start the judicial appraisal procedure to identify the cause and the amount of the damage and judge the judgment according to law.

Source: rule of law Daily, Shandong Gaofa

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