Is it illegal to build factories on industrial land
Lawyer's analysis:
Whether the factory buildings built on industrial land are considered as illegal construction needs to be analyzed according to the specific situation. 1. If factory buildings are built on industrial land, if the nature of industrial land is collective land , then it is illegal. 2. If the nature of industrial land is state-owned land, and the parties have gone through the corresponding approval procedures according to law, then it is not illegal construction. Illegal construction refers to the construction of projects outside the planned area that have not been approved by the administrative department in charge of construction and planning or have violated the provisions on construction approval, and have not obtained relevant construction permits as required. Generally speaking, if the construction unit or individual violates the law statute All kinds of construction activities are called illegal construction. The illegal construction has the following handling methods: (1) Normal demolition and illegal construction, unable to enjoy normal Demolition As for the subsidies such as production and business suspension, equipment relocation and employee resettlement compensation, what the enterprise can do is to protect its other legal property rights during the demolition process and minimize the loss as much as possible; (2) Proceed appeal And submit relevant materials and certificates according to the procedures, and pay corresponding fines according to legal provisions and requirements. Illegal buildings include: （1） Occupation of buildings planned for public places, public facilities or public greening; （2） Buildings not constructed according to the approved design drawings; （3） Buildings rebuilt or added without authorization; （4） Non agricultural construction land of rural economic organizations or villagers' own use Homestead Illegal transfer of buildings built; Illegal transfer of non-agricultural land by the urbanized residents committee or joint-stock cooperative company in the special zone; （5） The non-agricultural land of rural economic organizations or the residential land for villagers' own use violate the urban planning or exceed the standards set by the municipal government; （6） Buildings that change the use function of industrial plants, residential buildings and other buildings without authorization; （7） Temporary buildings that have not been demolished within the time limit; （8） Other buildings in violation of laws and regulations.
Legal basis:
Article 78 of the Land Administration Law
If a rural villager illegally occupies land to build a house without approval or by deception, the competent agricultural and rural department of the people's government at or above the county level shall order him to return the land illegally occupied and dismantle the newly built houses on the land illegally occupied within a time limit.
If it exceeds the standards set by provinces, autonomous regions and municipalities directly under the Central Government, the land occupied in excess shall be treated as illegal land occupation.
Article 40 of the Urban and Rural Planning Law
For the construction of buildings, structures, roads, pipelines and other projects within the planned area of a city or town, the construction unit or individual shall apply to the competent urban and rural planning department of the people's government of the city or county or the town people's government designated by the people's government of the province, autonomous region or municipality directly under the Central Government for a planning permit for construction projects.
When applying for a permit for planning a construction project, the applicant shall submit the relevant documents certifying the use of land, the design scheme of the construction project and other materials. For a construction project for which the construction unit is required to prepare a detailed constructive plan, a detailed constructive plan shall also be submitted. For those that meet the requirements of the regulatory detailed planning and planning, the competent urban and rural planning department of the people's government of the city or county or the people's government of the town designated by the people's government of the province, autonomous region, or municipality directly under the Central Government shall examine and issue a planning license for construction projects.
The competent department of urban and rural planning of the people's government of a city or county or the people's government of a town designated by the people's government of a province, autonomous region or municipality directly under the Central Government shall, in accordance with law, publish the approved detailed construction plan and the general plan of the construction project design.
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