If the rural cowshed is illegal, it may be demolished by the relevant departments. According to the law, the local people's government can instruct the relevant departments to dismantle illegal buildings that are not built according to the regulations, and the illegal builders fail to dismantle them within the time limit.

How to judge whether rural houses are illegal, and what is the legal basis?

1 and houses built before two time nodes.

First of all, the Land Management Law was deliberated and passed in 1986 and formally implemented in 1987. According to the law, the land used by rural residents for building houses shall not exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government. However, because the law is not retroactive, houses built before 1987 are not restricted by relevant laws and regulations, so they should not be treated as illegal buildings. If the house built before 1987 is recognized as "illegal building" by the demolition department, there is no legal basis, and the demolished party can defend its rights through administrative reconsideration or administrative litigation.

Secondly, because the Urban and Rural Planning Law was passed and implemented in 2008, it is stipulated that building must have a planning permit for construction projects, so houses with legal land use rights before 2008 cannot be easily identified as "illegal buildings" because there are no relevant regulations and punishment decisions.

2, not approved to build first, there are illegal building procedures.

According to the relevant provisions of Article 62 of the Land Management Law, rural villagers' residential land is audited by the township people's government and approved by the county people's government. At the same time, according to Article 65 of the Urban and Rural Planning Law, if the rural construction planning permit is not obtained according to law or the construction is not carried out in accordance with the rural construction planning permit, the township people's government may order it to make corrections within a time limit. Therefore, illegal buildings that have not gone through the examination and approval procedures but have site selection opinions and meet the standards for the use of homesteads are illegal buildings. After asking them to pay the relevant fees and complete the formalities, they cannot be casually identified as "illegal construction".

3. Invest in building houses

In order to promote economic development, many places set up relevant investment promotion bureaus and agreed to build factories on land before completing the formalities. However, due to various problems such as the nature of the land, enterprises are unable to go through some formalities. This kind of factory building can not be identified as "illegal building" casually. The explicit provisions or red-headed documents made by the government for attracting investment are the recognition of the legitimacy of the building. If it is identified as "illegal construction" in the future, it will damage the credibility of the government.

4. Buy out the land use right and the above-ground buildings from the government.

The government sold the surplus land use right of township enterprises through bidding, auction and hanging. If the above-ground buildings do not go through the relevant formalities for obtaining permits at the time of auction, then after the private enterprises purchase the land use right and the above-ground attachments, they should not be considered as "illegal construction".

Legal basis:

People's Republic of China (PRC) Urban and Rural Planning Law

Sixty-fifth in the township and village planning area, if the rural construction planning permit is not obtained according to law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township and town people's government shall order it to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it can be cleared.

Article 66 Where a construction unit or individual commits one of the following acts, the competent department of urban and rural planning of the local municipal or county people's government shall order it to be demolished within a time limit and may impose a fine of less than one time the cost of the temporary construction project:

Temporary construction without approval;

(two) temporary construction is not carried out in accordance with the approved content;

(three) temporary buildings and structures are not removed within the approved period.

The legal basis for the demolition of illegal buildings is the Administrative Enforcement Law of the People's Republic of China.

Forty-fourth "illegal buildings, structures and facilities. If compulsory demolition is needed, it shall be announced by the administrative organ, and the parties shall dismantle it themselves within a time limit. If a party fails to apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law. "

Paragraph 1 of Article 77 "Where rural villagers illegally occupy land to build houses without approval or by deception, the land administrative department of the people's government at or above the county level shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit".

Article 83 "If, in accordance with the provisions of this Law, newly-built buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop construction and dismantle them by itself; If the construction continues, the organ that made the decision on punishment has the right to stop it. If the construction unit or individual refuses to accept the decision on administrative punishment of ordering demolition within a time limit, it may bring a lawsuit to the people's court within fifteen days from the date of receiving the decision on ordering demolition within a time limit; If it fails to prosecute and dismantle itself within the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution according to law, and the expenses shall be borne by the offender. "