if the examination and approval procedures are not completed, it is illegal construction. Facility agricultural land is occupied by non-agricultural construction, and the examination and approval procedures for construction land shall be handled according to law. If the original land is cultivated land, the balance between occupation and compensation shall be implemented.

1. Is it illegal to build a house with agricultural facilities?

This needs to be judged according to different situations, as follows:

1. The approval procedures for the conversion of agricultural land to construction land have been handled, and this kind of construction behavior is generally legal.

① according to article 44 of the new land management law, if the conversion of agricultural land into construction land is involved, the examination and approval procedures for the conversion of agricultural land shall be handled. In fact, it is not impossible to build houses on agricultural land. Only by going through the examination and approval procedures for the conversion of agricultural land according to law and converting agricultural land into construction land can housing construction be carried out.

② if the agricultural land has been converted into construction land according to law and the corresponding procedures have been handled before building, it is not illegal building.

2. Houses for agricultural production facilities and agricultural ancillary facilities are not illegal

① Facilities directly used for agricultural products production, including livestock and poultry houses, breeding and seedling houses, simple production care houses, etc.;

② Facilities that directly assist the production of agricultural products include management and living rooms such as prevention and control of animal and plant diseases and pests, office and life, and necessary warehouses, hardening drying fields and biomass fertilizer production sites for storing agricultural products, feed, farm tools and sorting and packaging of agricultural products.

③ according to the notice on issues related to the management of protected agricultural land, the "nursing house" will continue to implement the rectification standard of "greenhouse house", that is, the southern area will be controlled within "single floor, 1.5 square meters" and the northern area will be controlled within "single floor, 22.5 square meters", in which the severe cold area will be controlled within "single floor, 31 square meters", and the agricultural greenhouse with an area of more than 2 mu generally.

④ The Notice clearly allows the construction of multi-storey buildings for aquaculture facilities, but it must meet the requirements of relevant planning, construction safety and biological epidemic prevention.

3. Operators of facility agriculture must go through the formalities of construction land according to laws and regulations if they have the following behaviors, the specific contents are as follows:

① Leisure and sightseeing resorts, various manors, wineries, their farmhouses and business houses relying on agriculture;

② all kinds of agricultural greenhouses, restaurants, houses, conferences, trading markets, warehouses and other non-agricultural facilities built in agricultural parks;

③ Factory farm products processing and exhibition places;

④ slaughter and meat processing sites, specialized centralized harmless treatment plants for sick and dead animals, etc.

⑤ other types of permanent buildings.

Legal basis: Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Relevant Issues Concerning the Management of Protected Agriculture Land II. Protected agriculture belongs to the adjustment of agricultural internal structure, and it can use general cultivated land without implementing the balance of occupation and compensation. If the planting facilities do not destroy the arable land, permanent basic farmland can be used without supplementary planning; If the cultivated land is destroyed, but it is difficult to avoid the permanent basic farmland due to the location, the permanent basic farmland is allowed to be used, but it must be replenished. Breeding facilities shall not use permanent basic farmland in principle. If a small amount of permanent basic farmland is really difficult to avoid, it is allowed to use it, but it must be replenished.