Interpretation of Several Provisions on Investigating and Punishing Illegal Buildings in Chongqing

On October 24, 2014, the municipal government promulgated the "Several Provisions on the Investigation and Punishment of Illegal Buildings in Chongqing" (Chongqing Municipal People's Government Order No. 282, hereinafter referred to as Order No. 282), which will come into effect on the date of promulgation . In order to facilitate the public to widely know the content of the policy, and to correctly understand, cooperate with and support the implementation of the policy, the Chongqing Municipal Planning Bureau and the Municipal Government’s Legal Affairs Office made the following interpretation of the main contents after requesting drafts from the Chongqing Municipal Government online: 1. Drafting background In recent years, with the With the rapid development of Chongqing's economy and society, the city's urban construction level has improved significantly. However, illegal buildings are also increasing day by day, and new illegal buildings are becoming more and more serious. The main manifestations are: basement excavation and outdoor construction in residential areas are mainly Expansion; rushing construction on collective land to obtain expropriation compensation; unauthorized construction in urban-rural fringe areas for the purpose of leasing, selling, and operating, etc. Illegal buildings have been repeatedly banned, which not only seriously disrupted the city's land and urban and rural planning and management order, but also brought great hidden dangers to public safety. It is necessary to increase rectification efforts. Since the investigation and punishment of illegal construction involves many departments, the responsibilities of departments need to be further clarified. Therefore, it is necessary to regulate it through the formulation of government regulations. 2. The main contents of these regulations (1) Clarify what illegal buildings are. Order No. 282 defines illegal buildings, that is, "buildings (structures) built without permission from land or planning, including those that have been verified and confirmed by the completed planning or Buildings (structures) that are newly built, rebuilt or expanded without authorization after obtaining the property ownership certificate” (Article 2). Regarding the previously disputed question of whether the buildings (structures) built, renovated, or expanded without authorization by community owners after obtaining the property ownership certificate are illegal buildings, Order No. 282 clearly defines such buildings as illegal buildings. (Article 2) (2) A new work system of "territorial management, departmental linkage, multi-level and multi-section supervision, and social participation" was established. Order No. 282 further strengthened the division of government responsibilities and departmental responsibilities, and established a "territorial management, departmental linkage" ", multi-section supervision, and social participation" working system: First, it stipulates that the investigation and punishment of illegal construction shall be subject to territorial management, and the government shall be responsible for unified organization and leadership (Article 3); second, it further clarifies the division of responsibilities of the planning and land departments, and at the same time , stipulating that other relevant administrative departments should also carry out investigation and punishment work in accordance with the law (Articles 4 and 5); third, it has established a system from cities, districts and counties, towns (streets), to village (residents) committees, and property service enterprises. Multi-level regulatory system. At the same time, regulatory measures such as complaints and reports, prohibition of provision of design and construction services, inspection and discovery, prohibition and investigation, and restrictions on registration and use are stipulated for illegal buildings before, during and after construction to comprehensively curb illegal buildings. (Articles 7 to 20); Fourth, it stipulates that any unit or individual has the right to report illegal construction, and also stipulates the cooperation obligations of water supply, power supply, gas supply, property service and other enterprises, as well as design and construction units, etc. , mobilize social participation. (Articles 7, 9, 19 to 21) (3) Clarifying the Division of Departmental Responsibilities. According to Order No. 282, the urban and rural planning department is responsible for organizing the investigation and punishment of illegal buildings within the planned urban construction land; the land administration director The department is responsible for organizing the investigation and handling of illegal buildings outside the planned urban construction land. If comprehensive law enforcement is implemented, the comprehensive law enforcement department will investigate and deal with illegal buildings in accordance with their duties and powers. The total land area of ??the main urban area is 5,473 square kilometers, of which 1,188 square kilometers are planned urban construction land, and the remaining 4,285 square kilometers are non-planned urban construction land. Yuzhong District, Dadukou District, Nan'an District, Beibei District and other districts and counties that have established comprehensive law enforcement bureaus are responsible for investigating and punishing illegal buildings within the planned urban construction land according to the division of responsibilities. Relevant departments such as housing, municipal administration, environmental protection, transportation, water conservancy, forestry, gardening, fire protection, civil affairs, and civil defense should carry out investigation and punishment of illegal construction in accordance with relevant laws and regulations.

(Article 4) (4) Illegal buildings under construction can be forcibly eliminated 1. For illegal buildings under construction, the administrative department responsible for investigating and punishing them orders the parties to stop illegal activities and eliminate the illegal buildings under construction within a time limit. If it is not eliminated within the time limit, the following three measures can be taken: First, stop water supply, power supply, and gas supply services in accordance with the law; Second, seal the construction site; Third, forcibly stop and eliminate illegal buildings under construction. The illegal buildings under construction to be eliminated may include illegal buildings under construction before the order to stop work. 2. Implementation entities: (1) Stopping water supply, power supply, and gas supply services: The administrative department responsible for investigation and handling, and the town (township) people's government shall notify the water supply, power supply, gas supply, property service and other enterprises in writing to implement the measures in accordance with the law. (2) Seizing construction sites: The district and county (autonomous county) people's governments instruct the township people's governments and sub-district offices to implement the sealing. (3) Forcibly stop or eliminate illegal buildings under construction: the district and county (autonomous county) people's governments shall instruct the township people's governments and sub-district offices to implement the measures. (Article 9) (5) Requires centralized rectification of existing illegal buildings. In order to gradually eliminate the existing illegal buildings, Order No. 282 requires the people's governments of districts and counties (autonomous counties) to investigate, verify and register illegal buildings within their own administrative areas, and formulate The phased rectification plan takes residential areas and communities as basic units in principle, and carries out centralized rectification of illegal buildings in accordance with the law. (Article 10) (6) Clarify the classification and disposal standards for illegal buildings that have been built 1. For illegal buildings that have been built, the following three treatment decisions are made in accordance with the law: (1) Demolition (backfilling); (2) Confiscation of illegal income ; (3) Confiscate illegal buildings. 2. Illegal buildings in the following four situations within urban and rural planning areas, urban development reserves and infrastructure reserved areas shall be resolutely demolished: (1) Seriously infringing on the interests of the public; (2) Affecting the implementation of urban and rural planning; ( 3) Destroy urban and rural landscapes; (4) Affect public safety. 3. For illegal buildings that comply with urban and rural planning control requirements and construction quality requirements and do not affect public interests and public safety, illegal income may be confiscated in accordance with the law, and a penalty of less than 10% of the cost of the illegal construction project may be imposed. fine. (Article 11) (7) It stipulates that the government or the people's court shall enforce the forced demolition (backfilling) of illegal buildings that have been built. After the administrative department responsible for investigation and punishment makes a decision to demolish or backfill within a time limit in accordance with the law, the party concerned fails to demolish it on his own within the time limit. or backfilling, the administrative department responsible for investigation and handling shall request the district or county (autonomous county) people's government to make a decision on forced demolition or backfilling, and the district or county (autonomous county) people's government shall instruct the township people's government or sub-district office to implement forced demolition or backfilling in accordance with the law. . If the administrative department responsible for investigation and punishment cannot apply for compulsory execution by the district or county (autonomous county) people's government in accordance with relevant legal provisions, it shall apply to the people's court for compulsory execution in accordance with the provisions of the "Administrative Enforcement Law of the People's Republic of China". (Article 12) (8) Specifies the procedures for handling illegal construction where the parties cannot be identified. The procedures for handling illegal construction where the parties cannot be identified are: 1. The administrative department responsible for investigation and punishment shall conduct inspections at illegal construction sites and public places. *The media publishes an announcement requiring the parties concerned to accept processing in accordance with the law within a time limit, and the announcement time is no less than 10 days; 2. If the parties still cannot be identified after the announcement period, the district or county (autonomous county) people's government may instruct the township people's government or the sub-district office to carry out forced demolition Or backfill. (Article 14) (9) Temporary storage costs, forced demolition or backfilling costs shall be borne by the parties involved in the illegal construction. When the illegal building is forced to be demolished or backfilled, and the party fails to move out the property in the illegal building on its own, the township people's government shall , The sub-district office shall register and keep it properly, and announce the claim by the parties concerned. If no one claims the property within 60 days from the date of announcement, it can be regarded as the party concerned voluntarily giving up the relevant property. The costs of temporary storage, forced demolition or backfilling shall be borne by the parties involved in illegal construction.

The housing industry association should include the relevant information of property service companies in discouraging and reporting illegal construction into corporate credit files as performance materials for property service companies to evaluate their performance in the industry. (Article 21) If a property service enterprise violates the provisions of paragraph 2 of Article 8 of these Regulations, the housing administrative department and the housing industry association will give a notice depending on the seriousness of the case. (Article 27) (14) The parties’ cooperation obligations and accountability The parties shall cooperate with the administrative agencies in investigating and handling illegal construction, and shall not hinder law enforcement officers from performing their duties in accordance with the law. (Article 22) If a party obstructs law enforcement or refuses to cooperate, there are three ways to deal with it, depending on the circumstances: 1. Public security penalties hinder law enforcement officers from performing their duties in accordance with the law, violating the provisions of the "Public Security Management Punishment Law of the People's Republic of China" If found guilty, the public security organs shall impose punishments in accordance with the law; if suspected of committing a crime, they shall be transferred to the judicial authorities for investigation of criminal liability in accordance with the law. (Article 22) 2. Integrity Punishment For parties who do not cooperate with the investigation and punishment of illegal construction, fail to implement administrative processing decisions within the prescribed time limit without justifiable reasons, or hinder the implementation of administrative enforcement against illegal construction, the administrative department responsible for investigation and punishment, Township people's governments and sub-district offices may disclose the information in the news media and notify relevant units and industry organizations. (Article 23) 3. Fines If parties involved in illegal construction obstruct law enforcement officers from conducting on-site inspections, inspections and other law enforcement activities by refusing to enter the home, the administrative department responsible for investigation and punishment shall impose the following fines: Illegal construction If it is used for non-business activities, a fine of not more than 1,000 yuan will be imposed; if an illegal building is used for business activities, a fine of not less than 10,000 yuan but not more than 30,000 yuan will be imposed. (Article 28).