Provisions of Chongqing Municipality on Investigating and Handling Illegal Buildings

Article 1 These Provisions are formulated in accordance with the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC) and other relevant laws and regulations in order to promote and standardize the investigation and punishment of illegal buildings and maintain the order of land and urban and rural planning management. Article 2 These Provisions shall apply to the investigation and punishment of illegal buildings within the administrative area of this Municipality.

The term "illegal buildings" as mentioned in these Provisions refers to buildings (structures) built without land use or planning permission, including buildings (structures) that are newly built, rebuilt or expanded without authorization after verification and confirmation of the completion planning or obtaining the house property certificate. Article 3 The investigation and punishment of illegal buildings shall be subject to territorial management, and the people's governments of cities, districts and counties (autonomous counties) and townships shall uniformly lead and organize the investigation and punishment of illegal buildings within their respective administrative areas.

Sub-district offices are responsible for the investigation and punishment of illegal buildings within their respective administrative areas. Fourth urban and rural planning departments are responsible for organizing the investigation and punishment of illegal buildings within the scope of urban construction land planning; Land administrative departments are responsible for organizing the investigation and punishment of illegal buildings outside the scope of urban construction planning land. If comprehensive law enforcement is implemented, the comprehensive law enforcement department shall investigate and deal with illegal buildings in accordance with its duties and powers.

Housing management, municipal administration, environmental protection, transportation, water conservancy, forestry, gardens, fire protection, civil affairs, civil defense and other relevant departments shall, in accordance with the provisions of relevant laws and regulations, investigate and deal with illegal buildings according to law.

Public security, urban and rural construction, culture, industry and commerce, quality supervision, food and drug supervision, safety supervision, agriculture, immigration, economic information and other relevant departments and land and housing ownership registration agencies shall cooperate with the investigation and punishment of illegal buildings in accordance with their duties. Article 5 The people's governments of counties (autonomous counties) shall establish a joint law enforcement mechanism, improve the system of case transfer and information sharing, and strengthen the cooperation and cooperation in investigating illegal buildings. Article 6 Any unit or individual shall strictly abide by laws and regulations such as land management and urban and rural planning, and shall not profit from illegal construction. Seventh any unit or individual has the right to report illegal construction.

The administrative departments, township people's governments and sub-district offices responsible for investigating and dealing with illegal buildings shall establish and improve the reporting system for illegal buildings, and announce the reporting telephone and e-mail to the public.

The administrative departments, township people's governments and sub-district offices responsible for the investigation and handling shall deal with them in a timely manner and keep confidential the informants. Eighth Township People's governments and sub-district offices shall establish a daily inspection mechanism for illegal buildings, stop the construction of illegal buildings in time, and report to the administrative department responsible for investigation.

Village (neighborhood) committees and property service enterprises shall promptly discover, discourage and report illegal construction within their respective jurisdictions, and cooperate with the investigation.

Encourage development and construction units, owners' congresses and owners' committees to prevent and control illegal building construction in the property management area. Ninth of the illegal buildings under construction, the administrative department responsible for the investigation shall be ordered to stop the construction immediately, and by the Township People's government, street offices to supervise the construction site. For those who refuse to stop construction, the following measures can be taken:

(a) the administrative department is responsible for the investigation and handling, and the Township People's Government shall notify the water supply, power supply, gas supply, property services and other enterprises in writing to stop the water supply, power supply and gas supply services according to law;

(2) The people's governments of counties (autonomous counties) shall instruct the people's governments of townships and sub-district offices to seal up the construction site or forcibly stop until the illegal buildings under construction are demolished. Article 10 The people's governments of counties (autonomous counties) shall investigate, verify and register illegal buildings within their respective administrative areas, formulate a phased remediation plan, and carry out centralized remediation of illegal buildings according to law. Eleventh of the illegal buildings that have been built, the administrative department in charge of investigation shall make a decision to dismantle and backfill within a time limit, and confiscate the illegal buildings or illegal income.

Illegal buildings in urban and rural planning areas, urban development protection areas and infrastructure protection areas seriously infringe on public interests, affect the implementation of urban and rural planning, destroy urban and rural landscapes, and affect public safety. , should be removed according to law.

Illegal buildings that meet the requirements of urban and rural planning control and construction quality and do not affect the interests and safety of the public can be confiscated according to law, and can also be fined below 10% of the illegal construction cost. Twelfth decided to carry out compulsory demolition or backfilling of illegal buildings, in accordance with the following procedures:

(a) the administrative department is responsible for investigating and verifying the illegal facts according to law;

(two) the administrative department in charge of investigation and handling shall make a decision to dismantle or backfill within a time limit according to law, and the parties shall dismantle or backfill themselves within the prescribed time limit;

(three) if the parties fail to dismantle or backfill themselves within the time limit, the administrative department responsible for investigation shall submit it to the people's government of the county (autonomous county) for compulsory demolition or backfilling;

(4) If the people's government of a county (autonomous county) decides to forcibly dismantle or backfill, it shall make an announcement and serve it on the parties concerned, and order the parties to dismantle or backfill themselves within a time limit;

(5) If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not dismantle or backfill, the people's government of the county (autonomous county) shall instruct the township people's government and the subdistrict office to carry out compulsory dismantling or backfilling according to law.

If the administrative department responsible for investigating and handling cases cannot apply to the people's government of a county (autonomous county) for enforcement according to relevant laws, it shall apply to the people's court for enforcement in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China.