Is it necessary to demolish basic farmland to build breeding sheds?

Introduction: Building a breeding shed on basic farmland does not have to be demolished. If approval has been obtained before building a breeding shed, then the breeding shed is not an illegal building and will not be demolished. If the breeding shed is determined to be an illegal building, the relevant departments may make a decision to demolish it within a time limit. Regarding the question of whether basic farmland must be demolished to build a breeding shed? Let’s take a look at it with the editor of Legal Savior Network.

1. Do basic farmlands have to be demolished to build breeding sheds?

1. Building a breeding shed on basic farmland does not have to be demolished. It can be judged based on the following circumstances:

If the Breeding farm is built on basic farmland, if the breeding farm is illegally built, Relevant administrative agencies can force the demolition of breeding farms.

If the farm has relevant approval documents, it cannot be forcibly demolished according to illegal construction standards, but it needs to be relocated or compensated according to legal farm demolition.

So, not all breeding farms built on basic farmland are illegally constructed and demolished. It depends on the specific area of ​​the basic farmland occupied by the breeding place and whether it was built in a certain size. Implement the subsidy policy.

2. Breeding farms are generally not allowed to be built on basic farmland.

It is prohibited for any unit or individual to build kilns, houses, graves, dig sand, quarry, mine, take soil, or pile solids in the basic farmland protection area. waste or other activities that damage basic farmland. It is prohibited for any unit or individual to occupy basic farmland to develop forestry and fruit industry and to dig ponds and raise fish.

However, although in principle, breeding farms cannot use basic farmland, it is indeed difficult to avoid a small amount of permanent basic farmland for breeding facilities. The use is allowed but must be rezoned.

2. Ability to Is the breeding farm deemed to be an illegal construction on the grounds that the rural construction planning permit has not been obtained?

1. It cannot be based on the failure to obtain the rural construction planning permit. Based on the construction planning permit, the farm was deemed to be an illegal building.

The land occupied by production facilities and ancillary facilities in rural breeding farms belongs to facility agricultural land and should be managed as agricultural land. Therefore, farms constructed on agricultural land do not require a rural construction planning permit. However, in practice, the expropriating party always requires the farmers to dismantle the farms on the grounds of "failure to obtain a rural construction planning permit". It can be seen that it is untenable to determine that the breeding farm is illegally built on the grounds that the rural construction planning permit has not been obtained.

2. Compensation for legally constructed farms includes compensation for the value of farm buildings, losses from production and business suspension, relocation fees, equipment fees, temporary resettlement fees, livestock Poultry compensation fees, etc.

If the land occupied by the farm has a legal land use right certificate, the corresponding land compensation fee should be obtained. If you encounter related problems, please consult a professional demolition lawyer for help.

Based farms are generally not allowed to be built on basic farmland, but there are exceptions, that is, not all farms built on basic farmland will be demolished. Relevant departments need to determine whether the farm is an illegal building based on current laws. If so, they need to make decisions to stop construction or demolish it within a time limit.

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