Job Recruitment Website - Property management - Which departments deal with illegal construction in the community?
Which departments deal with illegal construction in the community?
In residential quarters, if there are illegal buildings, you can first report them to the residential property, and the property management personnel will first negotiate with the illegal construction party. If the interference of residential property is unsuccessful, it shall be reported to the local urban construction department, and the urban construction management personnel shall order it to make rectification. If the illegal construction party fails to dismantle it by itself, the urban construction department may dismantle it according to law. Illegal construction in residential areas shall be ordered by the construction administrative department of the people's government at or above the county level to dismantle it within a time limit, and the owners and property users shall be fined between 1,000 yuan and 5,000 yuan, and the decoration enterprises shall be fined between 5,000 yuan and 50,000 yuan; If it is not removed within the time limit, the construction administrative department of the people's government at or above the county level may apply to the people's court for compulsory execution.
The procedures required for urban management to dismantle illegal construction are as follows:
1, case acceptance registration;
2. On-site investigation records;
3. Issue a shutdown verification notice;
4. Fill in the Filing Approval Form;
5. Make a record of investigation and inquiry;
6. Send an invitation letter to the planning department and identify it as an illegal building;
7, fill in the "case handling approval form" the opinions and basis of the undertaker, and report to the leadership for approval;
8. Issue a notice of demolition within a time limit;
9. Service receipt;
10, other steps.
To sum up, according to the relevant laws and regulations, if the newly-built 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 the construction and dismantle them by itself; If the construction continues, the organ that made the decision on punishment has the right to stop it.
Legal basis:
Article 83 of the Land Administration Law of the People's Republic of China
In accordance with the provisions of this law, 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.
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