The middle teacher said: is it illegal to build a farm on agricultural land?

Agricultural land, land used for agricultural production, including cultivated land, garden land, woodland, pasture, livestock and poultry breeding land, facility agricultural land, rural roads, surface of pits and ponds, other agricultural land, etc. Recently, some netizens consulted the lawyer for land expropriation and demolition of secondary normal school: "is it illegal to build a farm on agricultural land?"

According to the provisions of Article 43 of the Land Administration Law, any unit or individual that needs to use land for construction must apply for the use of state-owned land according to law; however, the establishment of township enterprises and villagers' construction houses are approved according to law to use the land collectively owned by farmers in this collective economic organization, or the use of collectively owned land by peasants is approved according to law for the construction of public facilities and public welfare undertakings in township (town) villages. In addition, according to the provisions of Article 125 of the property Law, the owner of the land contractual management right shall have the right to possess, use and benefit the cultivated land, woodland and grassland contracted by him in accordance with the law, and have the right to engage in agricultural production such as planting, forestry and animal husbandry.

Therefore, the farm owner has obtained the legal contract management certificate, and the act of building agriculture-related facilities on the land for breeding belongs to the legal act of engaging in agricultural production and management activities, and enjoys the right to engage in animal husbandry in accordance with the law, which is the basic guarantee for farmers to develop agriculture as a basic industry in the Land Management Law, the property Law and the relevant provisions of the Ministry of Land and Resources. It is known from common sense that if farmers do not build agriculture-related facilities on agricultural land, it is impossible to implement basic management of animal husbandry such as poultry and animals.

According to the land use status classification (GB/T 21010-2007), facility agricultural land refers to livestock and poultry houses directly used for commercial breeding, production facilities land for factory crop cultivation or aquaculture and their corresponding ancillary facilities land, and agricultural facilities land such as drying fields outside rural homestead. In addition, according to the notice of the Ministry of Land and Resources and the Ministry of Agriculture on improving the management of facility agricultural land, the construction of agricultural facilities occupying agricultural land does not need to go through the formalities of examination and approval for the conversion of agricultural land, nor does it need to go through the formalities of examination and approval of construction land. The behavior of farmers to build temporary breeding facilities on the contracted land belongs to the agricultural facilities directly used in livestock and poultry houses, and it is not necessary to obtain a construction project planning license in accordance with the law. Many administrative organs, especially the planning and construction departments, go beyond the provisions of the Land Management Law and the property Law and add farmers to apply for administrative license, which belongs to the abuse of power beyond the provisions of the law. According to the above-mentioned law, farmers do not need to go through the pre-formalities of construction project planning license to build agriculture-related facilities.

To sum up, the behavior of farmers setting up farms on agricultural land to engage in farming is a welfare or policy measure for the Ministry of Agriculture and the Ministry of Land and Resources to encourage the development of agriculture. It is to encourage villagers to develop economic industries under the premise of agriculture, so it is not advisable for planning and construction departments to regard farms as illegal buildings.

This article is from: the lawyer of land expropriation and demolition in secondary normal school, if there is any infringement, please contact to delete.