How to define whether the canopy height on the top floor is illegal?

As long as it is built without approval, it is illegal and there is no high problem.

Legal basis:

Detailed rules for the implementation of urban and rural planning law

Article 64 Where a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction.

If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.

Extended data:

There are seven criteria for defining illegal buildings:

Not building according to the planning permit is also illegal construction.

It is reported that Jiyang District of Sanya City cracked down on all kinds of illegal construction this year, reaching 1.26 million square meters, but many people have a vague concept of illegal construction. The reporter learned from the Implementation Plan for Controlling Illegal Buildings in Jiyang District of Sanya City that the following seven types of buildings, structures and facilities were included in the scope of illegal construction:

First, unauthorized construction without obtaining a construction project planning permit (including a rural planning permit);

Two is not in accordance with the provisions of the construction project planning permit (including rural planning permit) for construction;

Third, temporary construction has not been approved or carried out in accordance with the approved contents, and temporary buildings and structures have not been demolished within the approved period;

Fourth, in violation of the overall land use planning of Jiyang District of Sanya City, it was built on non-construction land such as agricultural land and forest land without authorization;

Fifth, illegal transfer, sale, lease or disguised sale and lease of construction land;

Sixth, it is impossible to provide other written materials issued by the functional departments of Sanya City or the Housing and Construction Bureau of Jiyang District for permission to start construction;

Seventh, it violates other relevant provisions of laws and regulations.

In order to obtain legal construction procedures, it is necessary to set up a project publicity board.

The relevant person in charge of Jiyang District pointed out that units and individuals who have obtained legal construction procedures should set up engineering publicity boards at the location where the project is built before the project is approved, indicating the license number and name of the construction project.

The construction site is not set up engineering publicity card, investigated and dealt with according to law. Once the illegal construction newly built or under construction is found, the urban management bureau of Jiyang District can investigate and deal with the procedure according to law.

In order to control the illegal construction in the bud, the Urban Management Bureau of Jiyang District has set up a telephone number to report illegal land occupation and illegal construction, which will be recorded and investigated within the prescribed time limit. According to the procedures for the record of new illegal construction, demolition within five working days.

People's Daily Online-Nanning should clarify its responsibilities and strengthen joint supervision to investigate and deal with "illegal construction" legislation.

People's Daily Online-Jiyang District of Sanya announced seven standards for defining illegal construction.