Is it illegal to build a factory on industrial land

1、 Is it illegal to build a factory on industrial land

If a factory building is built on industrial land, whether it is illegal or not should 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.

It is impossible to build factories on collective land. According to the law, any individual or unit that needs to use collective land for construction must apply for the use of collective land in accordance with the relevant provisions of the law. However, the use of land collectively owned by farmers of their collective economic organizations by newly established township enterprises and villagers for building houses is approved according to law, or the use of land collectively owned by farmers for the construction of public facilities and public welfare undertakings in towns and villages is approved according to law.

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.

2、 What are the specific situations that can be identified as illegal buildings

1. Any project that is constructed without obtaining the construction permit from the municipal planning management department, including the indoor decoration project that is not declared by residents and the installation of air conditioners not in accordance with regulations.

2. Projects with construction permit but not constructed according to the approved scope and content.

3. All temporary buildings and structures that will not be demolished after the expiration of the period.

4. All ancillary buildings built around the existing houses, roof balconies and other places without authorization.

5. Goods kiosks built on sidewalks and roads without approval.

6. Houses and other temporary facilities built by occupying roads, sidewalks, stairways, etc. without approval.

7. Buildings or structures built or expanded by private individuals occupying public land in the community without authorization and installing gas pipes through walls.

8. Other buildings and structures that violate urban planning laws.

9. Canopy built without approval.

3、 How to deal with illegal buildings

The illegal construction has the following handling methods:

(1) If the construction is not carried out in accordance with the relevant provisions of the construction project planning license or without obtaining the construction project planning license, the urban and rural planning department of the local people's government at or above the county level will order the illegal building to stop construction.

(2) If corrective measures can also be taken to eliminate the impact of the illegal building on the planning implementation, time will be limited to correct the illegal building, and a fine will be imposed.

(3) If there is no way to take corrective measures to eliminate the impact, the illegal buildings will be demolished within a limited time. If they cannot be demolished, the physical objects or illegal income will be confiscated and a fine will be imposed.

(4) Not all illegal buildings must be forcibly demolished. The government will, according to different degrees of illegality and historical reasons, take various measures to deal with them, such as strictly stopping construction, making corrections within a time limit, imposing fines, and demolishing within a time limit.

To sum up, for illegal buildings, the government can forcibly remove them, but even if they are forcibly removed, the government should strictly follow《 Administrative Compulsory Law 》According to the procedural provisions of, prior to demolition, the opposite party shall be notified to demolish by itself, and an announcement shall be posted locally, and demolition is not allowed at night.