Is it illegal to build factories on industrial land

1、 Is it illegal to build factories on industrial land

As for whether building factories on industrial land constitutes illegal construction, we need to consider two key factors:

First, the nature of the industrial land;

Secondly, it is the legitimacy of its land use.

When this industrial land is collectively owned and has not been applied for and approved by legal procedures, strictly speaking, plant construction on this basis may be deemed as illegal construction.

However, if the ownership of this industrial land belongs to the state, or collective land The construction activities carried out on the site have been approved by the relevant departments in accordance with the law, so the plant construction on this basis should not be regarded as an illegal act.

Therefore, we must ensure that the use of land fully complies with relevant laws statute , and corresponding approval procedures have been obtained, so as to avoid any potential legal risks.

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.

《 Urban and Rural Planning Law 》Article 40

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.

2、 Is it illegal to build factories on industrial land

Whether the construction of factory buildings on industrial land constitutes illegal construction needs to be comprehensively evaluated and analyzed according to the specific actual situation.

First of all, when industrial land involves the property of collective land, building plants on such land will undoubtedly be regarded as illegal buildings.

On the contrary, if the industrial land is based on the nature of state-owned land, and the relevant parties have obtained and gone through the relevant approval procedures according to law, then the construction of plants on such land should not be considered as illegal construction.

The basic definition of what we call "illegal construction" refers to the construction activities outside the planned area, whether they have not been approved by the construction and planning authorities, or have violated the relevant construction approval regulations, or have not obtained the necessary construction permits according to the regulations, all construction projects can be regarded as the manifestation of illegal construction.

On the whole, any construction unit or individual's various construction activities that violate laws and regulations in the construction process can be called illegal construction.

The disposal methods for illegal buildings mainly include the following:

(1) Conventional demolition of illegal buildings, unable to enjoy normal Demolition As an enterprise subject, the only thing that can be done is to try to protect its other legitimate property rights and interests, and try to minimize the possible losses caused by various subsidies such as shutdown, equipment relocation, employee resettlement compensation, etc;

(2) Under the legal framework appeal , complete relevant data and certificate handling procedures, and pay corresponding fees according to relevant laws and regulations fine 。

There are many types of illegal buildings, including:

(1) Occupation of buildings originally planned as public places, public facilities or public greening land;

(2) Buildings not constructed in accordance with the approved design drawings;

(3) Buildings rebuilt or added without authorization;

(4) Non agricultural land of rural economic organizations or villagers' own use Homestead Buildings built after illegal transfer;

Buildings built after illegal transfer of non-agricultural land by neighborhood committees or joint-stock cooperative companies promoting urbanization in the special zone;

(5) Violation of non-agricultural land used by rural economic organizations or homestead used by villagers urban planning regulation Or buildings that 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 types of buildings in violation of laws and administrative regulations.

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.

The power of law lies not only in its binding force, but also in its educational and guiding role. It teaches us how to act correctly, how to respect the rights and interests of others, and how to maintain social justice and fairness. As the title of this article puts forward, "Is it illegal to build factory buildings on industrial land", we can get many valuable enlightenment and lessons from it. We should cherish these lessons and internalize them into our code of conduct so that we can better abide by the law and live in this society under the rule of law.