Land abandoned is generally recoverable for two years.
According to Article 37 of the Land Administration Law, if the cultivated land occupied by non-agricultural construction that has gone through the approval procedures has not been used for two consecutive years, the people's government at or above the county level shall recover the land use right of the land using unit free of charge with the approval of the original approval authority. If a unit or individual that has contracted to manage cultivated land abandons the land for two consecutive years, the original contract letting unit shall terminate the contract and take back the contracted cultivated land.
Legal basis
Article 37 of the Land Administration Law of the People's Republic of China must economize on the use of land for non-agricultural construction. If wasteland can be used, cultivated land shall not be occupied; Where inferior land can be used, good land shall not be occupied.
It is forbidden to occupy cultivated land to build kilns or graves, or to build houses, dig sand, quarry, mine or borrow earth on cultivated land without authorization.
It is prohibited to occupy permanent basic farmland to develop forestry and fruit industry and to dig ponds to raise fish.