How to deal with illegal buildings in inventory?

How to deal with illegal buildings in inventory? It is crucial to understand the relevant contents from the legal point of view and the details from the actual situation. Zhong Da Consulting will discuss with you how to deal with illegal buildings in inventory.

1. Definition of illegal buildings Articles 37, 38, 40, 44, 64, 65, 66, 67 and 68 of the Urban and Rural Planning Law.

2, illegal building ownership, sale, lease, infringement and divorce split processing Article 30 of the Property Law. Article 52 of the contract law. Articles and of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban Housing Lease Contracts.

3. Buildings and structures involving illegal land use. According to the "land management law of the people's Republic of China" seventy-sixth, seventy-seventh and eighty-third. Article 65 of People's Republic of China (PRC) Water Law.

Article 46 of People's Republic of China (PRC) Railway Law.

Article 58 of the Civil Aviation Law of People's Republic of China (PRC) and article 6 1 of the Environmental Protection Law of People's Republic of China (PRC).

Article 45 of People's Republic of China (PRC) Port Law and Article 27 of People's Republic of China (PRC) Flood Control Law. Article 38 of the Grassland Law of People's Republic of China (PRC). Article 65 of People's Republic of China (PRC) Water Law.

5. Judicial interpretation and reply made by the Supreme Court and other departments, as well as the reply of the State Council and its departments (1). Article 1 1 of "Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases Involving Rural Collective Land" stipulates that it is illegal for land owners to be punished for illegal occupation of land by land management departments for more than two years.

(2) Letter No.26 from the Supreme Court to the Ministry of Land and Resources: The illegal act of illegally occupying land should be regarded as a continuous state before it is restored to its original state, and the limitation of prosecution for its administrative punishment is calculated from the end of the illegal act according to the provisions of the second paragraph of Article 29 of the Administrative Punishment Law.

(3) the Supreme People's Court's Reply on Forced Demolition of Illegal Buildings, Structures and Facilities (Fa Shi 2013) (4) the State Council Legislative Affairs Office's Reply on How to Confirm the Continuity or Continuity of Illegal Acts in 20051026 (Guo Fa Han No.2005442).

The continuous state of illegal acts stipulated in Article 29 of the Administrative Punishment Law refers to the situation that the parties commit several independent administrative illegal acts in succession based on the same illegal intention and violate the same administrative punishment provisions. (5) The Principles and Opinions on Dealing with Illegal Buildings in Housing Ownership Registration promulgated by the former Ministry of Urban and Rural Construction and Environmental Protection 1988 put forward the policy of "three leniency and three strictness" from three aspects: the formation time, the location and the impact of illegal buildings, which is still of reference significance for dealing with illegal buildings now.

(6) Reply of the Legislative Affairs Office of the State Council on whether "Ordering Demolition within a Time Limit" is an administrative penalty (Guo Han No.200013) The Legislative Affairs Office of Sichuan Provincial People's Government: Your request for instructions on whether "Ordering Demolition within a Time Limit" is an administrative penalty (Chuanfu Law No.68 [2000]) has been received. After study, I am writing to you as follows: According to Article 23 of the Administrative Punishment Law, "When an administrative organ imposes an administrative penalty, it shall order it to correct the illegal act within a time limit", and Article 40 of the Urban Planning Law, "order it to be demolished within a time limit", should not be understood as administrative punishment. (7) Reply of the Supreme People's Court Administrative Court on How to Calculate the Limitation of Prosecution for Land Violations 1997. It is clear that the illegal occupation of land should be regarded as a continuous state before it is restored to its original state, and the limitation of prosecution for administrative punishment is calculated from the date of the end of the illegal act according to the provisions of the second paragraph of Article 29 of the Administrative Punishment Law. Whether the illegal acts of destroying cultivated land are continuous or not should be treated differently according to the specific circumstances of the case.

Administrative Regulations (1) Regulations on House Demolition and Compensation on State-owned Land (2) Regulations on Urban Road Management (3) Regulations on Scenic Spots Management (4) Regulations on the Implementation of Cultural Relics Protection Law

(5) Regulations on Construction of Three Gorges Project (6) Regulations on Urban Greening (7) Regulations on Quality Management of Construction Projects) 7. Provincial and municipal laws and regulations, government regulations (1) Beijing urban and rural planning regulations (2) Beijing's regulations on prohibiting illegal construction (3) Shanghai's regulations on dismantling illegal buildings (4) Notice of Shanghai Municipal People's Government on approving the opinions of the Municipal Construction and Transportation Commission and other four departments on strengthening the implementation of the demolition of illegal buildings in this city (5) Zhejiang's regulations on handling illegal buildings (6) Hainan's regulations on construction and demolition of illegal buildings (8) Measures for the implementation of the pilot (IX) Measures for the demolition of illegal buildings in Suzhou (10), Measures for the demolition of illegal buildings in Urumqi (1 1), Regulations on stopping and investigating illegal construction in Guiyang (12), and Interim Provisions of Fuzhou Municipal People's Government on carrying out illegal construction and disposal [20/kloc] Function Introduction Lawyer Fan Yuhua, senior partner and deputy director of Shaanxi Yingbo Law Firm. Member of the Professional Committee of Real Estate Law of Xi Lawyers Association, expert consultant of law enforcement supervision of the Political and Legal Committee of Lianhu District Committee of Xi, and legal consultant of Lianhu District People's Government of Xi. Professional fields include enterprise investment and financing, corporate legal affairs, construction and real estate. Tel: 13363990 139 Introduction In the practice of urban and rural construction management, unlicensed houses or houses with incomplete licenses are often regarded as illegal buildings, which leads to numerous contradictions. This paper briefly studies the identification and treatment of illegal buildings and related legal issues such as mortgage, lease, sale and infringement.

I. Identification of illegal buildings According to illegal buildings, it is not a strict legal concept. Generally speaking, illegal buildings refer to houses and facilities built in violation of the Land Management Law, the Urban Planning Law, the Construction Law and the Regulations on the Construction and Management of Villages and Market Towns.

Mainly includes:

(1) Buildings built without application or approval and without obtaining construction land planning permit and construction project planning permit; (2) changing the buildings built according to the provisions of the construction project planning permit without authorization; (three) changing the nature of the building without authorization, and building a temporary building into a permanent building without authorization.

Second, the treatment of illegal buildings For the treatment of illegal buildings, we must first solve the problem of a time node, that is, what time is it now?

Identify the demarcation point of illegal buildings and the starting point of dealing with illegal buildings.

Article 24 of the Regulations on Expropriation and Compensation of Houses on State-owned Land stipulates that "before making a decision on house expropriation, the people's governments at the municipal and county levels shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation according to law." According to this regulation, the time node for the identification and treatment of illegal buildings on state-owned land should be determined as the date when the decision on house expropriation is announced in accordance with the regulations.

After determining the specific time node of identification and treatment of illegal buildings, based on the identification and treatment principles of illegal buildings, the following treatment can be carried out:

(1) The first case belongs to the incremental "illegal building", which is actually regulated by the current administrative regulations. Article 44 of the Administrative Punishment Law stipulates that "after the administrative punishment decision is made according to law, the parties concerned shall perform it within the time limit of the administrative punishment decision." According to this regulation, when government departments find that illegal buildings are under construction, they should make administrative penalties to stop construction according to the provisions of the Urban and Rural Planning Law and other laws and regulations.

If the illegal builder fails to perform within the time limit decided by the administrative penalty, he can be removed according to law after performing legal procedures such as announcement, reconsideration or litigation notice and reminder.

(2) The second case does not belong to the category of illegal buildings, but belongs to houses legally built for historical reasons. According to Article 30 of the Property Law, property rights can be obtained, which should be fully included in the scope of demolition compensation.

(3) The third case belongs to the illegal building objectively formed under the subjective understanding of the parties. If it is calculated from the specific identification and processing time node, it will be handled according to the first case; Those who exceed the limitation of punishment shall be dismissed according to Article 29 of the Administrative Punishment Law. Based on stable social relations, it should be fully included in the scope of compensation for demolition.

(4) The parties and the government are at fault for the illegal construction caused by the fourth situation. Because the government is in a strong position in administrative relations, its fault degree should be higher. When dealing with these illegal buildings, they should be included in the scope of demolition compensation, and the proportion can be considered above 70% of the standard compensation.

(5) The fifth case is illegal construction caused by government acquiescence. For the administrative actions that the government should actively perform its duties, measures or omissions such as replacing demolition with punishment and hosting with punishment within two years should also be presumed as government acquiescence. The reason is:

(1) principle of fault liability; (2) The principle of no punishment for one thing; For the illegal buildings caused by this situation, if the parties should bear the burden of proof acquiesced by the government within the limitation of punishment, they should naturally all be included in the scope of demolition compensation; If it exceeds the limitation of punishment, that is, it belongs to the illegal building beyond the limitation of investigation, it should be included in the scope of demolition compensation in accordance with the second case.

(6) The sixth case is the illegal construction of others obtained by the transferee. In this case, the specific identification and treatment period of illegal buildings should be traced back to the time node when the original occupants of illegal buildings "completed".

For more information about project/service/procurement bidding, and to improve the winning rate, please click on the bottom of official website Customer Service for free consultation:/#/? source=bdzd