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Does the property have law enforcement power? Can it be forcibly removed?
What types of illegal buildings include?
(1) occupying buildings that have been planned as public places, public facilities or public green spaces;
(two) buildings that are not constructed according to the approved design drawings;
(3) Buildings that are rebuilt or added without authorization;
(4) Rural economic organizations construct non-agricultural construction land or illegally transfer villagers' homesteads;
Illegal transfer of buildings built on non-agricultural land by urban residents' committees or joint-stock cooperative companies in special zones;
(five) the non-agricultural land of rural economic organizations or the buildings occupied by villagers violate the urban planning or exceed the standards set by the municipal government;
(six) buildings that change the use function of industrial plants, houses and other buildings without authorization;
(seven) overdue demolition of temporary buildings;
(eight) other buildings that violate the relevant provisions of laws and regulations.
According to the relevant requirements, the decoration of the house should be managed by the property-related management unit. If the owner of the residential area commits illegal acts during the renovation of the residential area, the property has the right to demand that the operation be stopped immediately, and relevant rectification notices shall be issued in time, and relevant personnel are advised to complete the rectification as soon as possible in accordance with relevant regulations and requirements. If the circumstances are serious, the property should be reported to the relevant departments in a timely manner, and the relevant departments will take further measures after understanding the actual situation and enforce them when necessary.
Therefore, we can know that the property has the right to supervise everything in the community, but it has no law enforcement power, so it has no right to dismantle illegal construction, and can only issue relevant rectification notices and exhortations to some illegal situations in the community. If all the measures of the property are invalid, they must be reported to the relevant departments, and the higher authorities will apply to the court for permission to demolish it if necessary.
I hope the above content can help you. If in doubt, please consult a professional lawyer.
Legal basis:
Article 9 of People's Republic of China (PRC) Urban and Rural Planning Law
All units and individuals 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. Any unit or individual has the right to report or accuse violations of urban and rural planning to the competent department of urban and rural planning or other relevant departments. The competent department of urban and rural planning or other relevant departments shall promptly accept reports or complaints and organize verification and handling. 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. Sixty-fifth in the township and village planning area, if the rural construction planning permit is not obtained according to law or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township and town people's government shall order it to stop construction and make corrections within a time limit;
If it is not corrected within the time limit, it can be cleared.
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