In the village, the department is responsible for rectifying the illegal construction.

1. Which department is in charge of illegal construction in the village?

Illegal buildings in the village are managed by the competent department of urban and rural planning. For illegal buildings in rural areas, the government can dismantle them within a time limit. Refused to dismantle, the county government in accordance with the law or apply to the court for compulsory demolition. The Urban and Rural Planning Law stipulates that after the competent department of urban and rural planning makes a decision to stop construction or dismantle it within a time limit, if the parties fail to stop construction or dismantle it within a time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing up the construction site and forcibly demolishing it. The Land Management Law also stipulates that if new buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop construction and dismantle them by itself; If the construction continues, the organ that made the decision on punishment has the right to stop it. If the construction unit or individual refuses to accept the decision on administrative punishment of ordering demolition within a time limit, it may bring a lawsuit to the people's court within fifteen days from the date of receiving the decision on ordering demolition within a time limit; If neither prosecution nor demolition is carried out on its own at the expiration of the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution according to law, and the expenses shall be borne by the offender.

Second, how to complain about illegal buildings

Illegal construction can be reported to the local competent department of urban and rural planning or the people's governments of townships and towns, or accused of violating urban and rural planning. Photos of illegal buildings can be used as evidence. According to the Urban and Rural Planning Law of People's Republic of China (PRC), any unit or individual shall abide by the urban and rural planning approved and published according to law, obey the planning management, and have the right to inquire the competent department of urban and rural planning whether the construction activities involving their interests meet the planning requirements.

Third, how to deal with illegally built houses?

Illegal construction has always been a stubborn disease in urban planning and management, and it has been repeatedly banned. The so-called illegal buildings refer to buildings and structures other than the drawings approved by the government planning department, basements, garages, sun rooms, swimming pools, floors added and covered corridors built by themselves without authorization. These self-built houses, sun sheds, etc. Like patches in the community, they not only affect the beauty of the community, but also undermine the harmony between the neighbors. What is more serious is that illegal builders trample on the law. The illegal buildings discussed in this paper only refer to illegal buildings in residential areas. With the proliferation of illegal buildings, government departments have been insisting on the demolition work, and many regulations have been issued before.

The punishment for illegal construction is:

1, rights and responsibilities of property management companies

Property enterprises that owners and users violate the relevant provisions of the state and this Municipality in the process of property use and decoration, as well as the temporary owners' convention and the owners' convention, shall dissuade and stop them according to the relevant provisions or the temporary owners' convention and the owners' convention; Discourage and stop ineffective, it shall report to the owners' committee and relevant administrative departments within twenty-four hours.

Of course, as a property company, it does not have the power of compulsory demolition, nor does it have the right to sue the owner for demolition. Property companies only have the right to discourage. If the owners insist on illegal construction, the property company can only report to the owners' committee and relevant administrative departments. In fact, there is a precedent: in July 2005, Yinshun Property Company sued security window, the owner of the balcony, and the Pudong court supported the property company's claim in the first instance. However, Shanghai No.1 Intermediate People's Court held that the property management company was neither the undertaker of relevant rights and obligations nor the eligible subject of this case, and the original trial made mistakes in this judgment, so the second trial ruled that the first-instance judgment was revoked and the plaintiff Yinshun Property Company's claim was rejected.

2. Rights of relevant owners

Owners and users who violate these regulations or the temporary owners' convention or owners' convention, damage the load-bearing structure of the house, change the nature of the use of the property without authorization, and damage the legitimate rights and interests of other owners and users, the owners' committee shall dissuade and stop them; Relevant owners and users may bring a civil lawsuit to the people's court according to law. Relevant owners, mainly neighboring rights holders, sue through neighboring rights. Article 92 of the Property Law: The owner of a real estate uses adjacent real estate for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made.

3. Penalties for illegal building owners

Damage to the load-bearing structure of the building, the district (county) real estate management department shall order it to immediately correct and restore to its original state, and may impose a fine of 1 10,000 yuan or more110,000 yuan or less; If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan may be imposed.

Damage to the housing appearance, unauthorized alteration or occupation of * * * housing parts, damage or unauthorized movement of * * * housing facilities and equipment, the district (county) real estate management department shall order it to make corrections, restitution, and may impose a fine of more than 1,000 yuan and less than 10,000 yuan; If the circumstances are serious, a fine of 1 10,000 yuan or more and10,000 yuan or less may be imposed.

If buildings and structures are erected illegally, the district (county) real estate management department shall order them to be dismantled within a time limit, and may impose a fine of 1 10,000 yuan or more10,000 yuan or less; If the party concerned fails to dismantle it within the time limit, the district (county) real estate management department may apply to the district (county) people's government for compulsory demolition.

Buildings and structures under illegal construction shall be ordered by the district (county) real estate management department to stop construction immediately, and construction tools and materials may be temporarily detained; Those who refuse to make corrections may be organized to make corrections on their behalf, and the expenses for making corrections on their behalf shall be borne by the parties concerned.

The real estate registration agency shall not handle the transfer and mortgage registration of real estate for houses connected with illegal buildings and structures.

There are two kinds of punishment here: one is administrative punishment: fine; The other is administrative coercion: compulsory demolition, restriction of real estate transfer and mortgage registration.

4. Penalties for property management companies

If the property company fails to dissuade or stop the illegal acts of the owners and users or fails to report to the relevant administrative departments within the specified time, the district (county) real estate management department shall order it to make corrections and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan. If the property management company fails to perform its duties, it will be subject to administrative punishment.

5. Protect the rights of the punished.

If a party refuses to accept a specific administrative act of the Municipal Bureau of Premises and Resources, the district (county) real estate management department and other relevant administrative departments, it has the right to apply for administrative reconsideration or bring an administrative lawsuit. If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the time limit, the administrative department that made the specific administrative act may apply to the people's court for compulsory execution according to law.

As can be seen from the above, the illegal buildings in the village are managed by the competent department of urban and rural planning, and the government can dismantle the illegal buildings in the countryside within a time limit. The above is the relevant legal content about which department is in charge of illegal construction in the village. If you have more relevant legal questions, please visit the website to consult a lawyer, and we will have a special lawyer to answer them for you.