if the contracted land is basic farmland, according to Article 17 of the Regulations on the Protection of Basic Farmland, "it is forbidden for any unit or individual to build kilns, build houses, build graves, dig sand, quarry, mine, borrow soil, pile up solid wastes or engage in other activities that damage basic farmland in the protected area of basic farmland", and residential buildings are not allowed to be built in the contracted land.
The Land Management Law of the People's Republic of China stipulates that "the right holder of land contractual management shall not build houses on the contracted land".
article 3 of the land management law
stipulates that it is a basic national policy of our country to cherish and make rational use of land and effectively protect cultivated land. People's governments at all levels shall take measures to make overall plans, strictly manage, protect and develop land resources and stop illegal occupation of land.
article 4 stipulates that "the state practices a land use control system. Strictly restrict the conversion of agricultural land into construction land, control the total amount of construction land, and implement special protection for cultivated land. " This is the consistent principle of land management in China.
articles 57 and 76, regardless of the nature of the land occupied by the cab and the temporary or long-term use of the land for housing construction, shall be approved by the competent department. In real life, because the contractor has contracted a large area of land for planting or breeding management, it is really necessary to build certain production facilities objectively.
Extended information:
Difference between homestead and contracted land:
Homestead refers to the land occupied and used by rural families or individuals as homestead. It includes three types: built houses, land that has been built or has been decided to be used for building houses, built houses, land that has been built but has no cover or is uninhabitable, and planned to build houses. Homestead ownership belongs to rural collective economic organizations.
rural land contract refers to the implementation of household contract within rural collective economic organizations. For rural land such as barren hills, gullies, hills and Huai River, which is not suitable for household contract, it can be contracted by means of bidding, auction and public consultation. The nature of rural land ownership remains unchanged after contracting, and the contracted land may not be bought or sold.
In its sense, contracted land is a lease relationship, which does not belong to farmers, and its land rights and interests only belong to collectives, so building houses is an act of encroaching on collective land ownership. So this kind of building behavior is illegal.
References: China People's Congress Network-People's Republic of China * * *, National Land Management Law?