Self-built houses cannot be built at will. Attention should be paid to related legal issues
□ Our reporter Zhang Xuehong
In recent years, with the rapid development of the rural economy, many self-built houses in rural areas are used as restaurants, hotels, supermarkets and other business places after renovation and expansion. These self-built houses often lack professional design, irregular construction, and prominent safety hazards.
Which houses are self-built?
Do you have property rights to your own home?
What procedures should be performed to build a self-built house?
What are the restrictions on usage?
In this issue of "You Ask Me Answers", Judge Yang Jie of the People's Court of Changping District, Beijing will explain to us the legal issues related to self-built houses.
Q: What is a "self-built house"?
Does it have legal property rights?
Answer: Strictly speaking, "self-built house" is not a legal concept. In practice, it refers to the units or individuals with land use rights, in order to meet their own production and living needs, organize and hire others to build houses and buildings. Buildings, with the characteristics of self-built, self-occupied and self-managed, can generally be divided into self-built houses by residents and self-built houses by farmers.
Whether a self-built house can have legal property rights depends on whether it has fulfilled the planning and approval procedures. For houses built without planning and approval procedures, it should be illegal construction.
Q: What planning approval procedures should a self-built house go through and what materials do I need to submit?
Answer: In accordance with the provisions of the Urban and Rural Planning Law of my country, if the construction of buildings or structures is carried out in the planning area of a city or town, the construction unit or individual shall report to the urban and rural planning department of the people's government of the city or county or the town designated by the people's government of the province, autonomous region or municipality directly under the Central Government. The people's government shall apply for a construction project planning permit.
To apply for a construction project planning permit, the relevant certification documents for the use of the land, the construction project design plan and other materials shall be submitted; the planning and management measures for the use of the original homesteads in the township and village planning areas for the construction of rural villagers' houses shall be determined by the provinces and autonomous regions. , municipalities directly under the Central Government, need to apply for and obtain the "Rural Construction Planning Permit".
The construction unit or individual may go through the land use approval procedures only after obtaining the rural construction planning permit.
Q: What problems should be paid attention to in the construction process of self-built houses?
Answer: In accordance with the provisions of my country's Land Administration Law, Urban and Rural Planning Law, Construction Law and "Several Opinions on Strengthening the Quality and Safety Management of Construction Projects in Villages and Towns", self-built houses have the following issues that need to be paid attention to:
Farmers self-built houses are not allowed to build high-rise houses.
The number of floors that can be built is determined by each locality according to the situation. Generally, it is not allowed to build houses with more than three floors.
Taking Beijing as an example, currently only houses with two floors and below are allowed to be built.
Residential contractors who build high-rise buildings need to have corresponding construction qualifications.
"Self-built low-rise residential buildings" refers to residential buildings with two floors (including two floors).
For houses with three floors (inclusive) or above, the contractor must have the corresponding construction qualifications.
Also, note the following:
Building without approval is not allowed.
Before building a house, construction drawings should be issued by a construction company or a professional construction team, and an application should be submitted to the government to which it belongs.
Construction beyond the area standard is not allowed.
If a house is to be built in a city or town planning area, the house shall be built in strict accordance with the approved area.
For self-built houses in rural areas, the principle of "one house for one household" is implemented, and the land area of rural houses in various places is generally stipulated by local land management regulations.
There must be more construction in less batches.
It is not allowed to occupy land beyond the scope of approval to build residential buildings, otherwise it will be identified as illegal construction by the relevant administrative organs in accordance with the provisions of the Land Administration Law, and will be forcibly demolished if they are not demolished by themselves.
It is not allowed to renovate and renovate the house at will.
When renovating and renovating old or dilapidated houses, it is necessary to submit an application to the competent urban and rural planning department or the village committee, and the construction can be started only after the approval is approved and the construction project planning permit or the rural construction planning permit is obtained.
It shall not violate the relevant national engineering construction standards, and shall not violate the ventilation, lighting and sunshine of adjacent buildings.
Q: What are the restrictions on the use of self-built houses?
Answer: Article 279 of the Civil Code stipulates that the owner shall not violate the laws, regulations and management stipulations to change the residence into a commercial building.
The Land Administration Law also clearly stipulates that the state implements a land use control system.
Units and individuals using land must use the land strictly in accordance with the purposes determined in the overall land use plan.
Therefore, self-built houses are only self-built houses, and they are still not allowed to change their uses without authorization.
For example, self-built houses on homesteads are set up to ensure the basic living needs of members of rural collective economic organizations, and are limited to the construction of individual residences. "Small property rights housing" or commercial housing.
Q: Can non-village villagers buy self-built houses built on homesteads?
Answer: Homestead is set by law to protect the basic living conditions of the villagers in the village. Non-village villagers are not allowed to buy homestead for building houses, which is strictly prohibited by law, unless they have moved their household registration into the village according to law and obtained the Membership of the village collective economic organization.
Q: Due to the illegal renovation and expansion of the self-built houses on the homestead, there are potential safety hazards in the neighboring houses. How should I protect my rights?
Answer: This situation is a dispute of adjacent relationship.
Article 295 of the Civil Code stipulates that the owner of real estate shall not endanger the safety of adjacent real estate by excavating land, constructing buildings, laying pipelines and installing equipment.
If the negotiation fails, a lawsuit may be filed in the court, and the court will initiate a judicial appraisal procedure to determine the cause of the damage and the amount of the loss and then make a judgment in accordance with the law.