1. Agricultural land to build greenhouses counted as illegal construction:
The so-called greenhouses, agricultural greenhouses in the name of non-agricultural construction, the nature of which is to change the nature of the land and the use of the change in the function of agricultural production, belonging to the illegal construction of, for example, the lessee construction of fruit, vegetable greenhouses, next to or within the construction of the 'ancillary rooms For example, when a tenant builds a fruit or vegetable greenhouse, the 'supporting house' built next to or inside it is called a greenhouse. In the specific identification of greenhouses, we must adhere to the principle of seeking truth from facts, complying with the law and protecting arable land. Need to rectify, demolition of greenhouses, including illegal construction of homes in agricultural greenhouses; occupation of arable land or basic farmland construction of resorts, restaurants, villas and other facilities; privately converted greenhouses into small factories, workshops; illegal conversion or expansion of greenhouses caretaker room and so on. However, for some legal agricultural greenhouses can not be recognized as illegal construction, and then forced to demolish, if illegal demolition, is required to be compensated.
2. Non-agricultural production shed is illegal:
Only used for non-agricultural production shed is illegal, will be forced to demolish, do not give any compensation. For agricultural greenhouses can not be casually demolished in the name of illegal construction, if the relevant government demolition of agricultural greenhouses in violation of the legal procedures, you can sue to confirm the demolition of illegal and apply for compensation, in order to safeguard their legitimate rights and interests.
Construction of land occupation, involving the conversion of agricultural land into construction land, should apply for approval procedures for the conversion of agricultural land.
The State Council shall approve the conversion of permanent basic farmland to construction land.
When agricultural land other than permanent basic farmland is converted to construction land for the purpose of implementing the land use master plan within the scale of construction land for cities, villages and towns determined by the land use master plan, the approval shall be given by the organ which originally approved the land use master plan or the organ authorized by the State Council in accordance with the provisions of the land use plan in batches. Within the approved scope of agricultural land conversion, land for specific construction projects may be approved by the people's governments of cities and counties.
Where agricultural land other than permanent basic farmland is to be converted to construction land outside the scope of the scale of construction land for cities, villages and market towns as determined by the land use master plan, the approval shall be given by the State Council or by the people's government of the province, autonomous region or municipality directly under the central government authorized by the State Council.
Whether the shed belongs to the illegal construction need to consult the local land and resources bureau in charge, if there is a formal approval procedures do not belong to the illegal construction, if there is no formal approval procedures belongs to the illegal construction, is required to demolish.
Legal basis:
"Regulations on the Protection of Basic Farmland" Article 15 stipulates that after the basic farmland protection zone is delineated in accordance with the law, no unit or individual may change or occupy. National energy, transportation, water conservancy, military facilities and other key construction projects siting really can not avoid the basic farmland protection zone, the need to occupy basic farmland, involving the exclusive use of agricultural land or expropriation of land, must be approved by the State Council.