Penalty procedure for illegal construction. Introduction to architectural engineering?

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 that have not been approved by the government planning department and are outside the drawings approved by the planning: self-built basements, garages, sun rooms, swimming pools, floors and self-built covered corridors. 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. What is the punishment procedure for illegal construction? The following is the specific content of the penalty procedure for illegal construction brought by the construction network for reference.

Rights and responsibilities of property 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case, and the original trial made mistakes in this judgment, so the second trial ruled that the first-instance judgment was revoked and the plaintiff Yinshun Property Company's claim was rejected.

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.

Punishment for illegal construction of 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.

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.

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.

Demolition subject of illegal buildings

So in the end, does the district government have the right to demolish or does the court have the right to demolish illegal buildings? In fact, both have power. Demolition of illegal buildings involves administrative law enforcement. The so-called administrative coercion refers to the behavior or system that the administrative subject takes coercive measures against the administrative counterpart who fails to perform the administrative decision that has taken legal effect according to law or applies to the people's court to force the counterpart to perform the obligation or reach the same state as the obligation. Ownership of the power of administrative enforcement: According to the current laws in China, administrative enforcement is jointly implemented by administrative organs and judicial organs, that is, both administrative organs and courts can become the subjects of administrative enforcement. According to the provisions of China's administrative procedure law and related judicial interpretations, the distribution of administrative enforcement authority between them can be summarized as "the principle of applying to the court for enforcement, except for the enforcement by the administrative organs themselves".

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