How to deal with illegal buildings in residential areas

According to the provisions of the city planning law

Illegal construction refers to the construction that affects urban planning without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit.

The housing construction department and the municipal administration department (urban management) are responsible for identifying illegal buildings in the community.

According to Article 66 of the Property Management Regulations

In case of any of the following acts, the real estate administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit, give it a warning and impose a fine in accordance with the provisions of the second paragraph of this article;

The proceeds will be used for the maintenance of * * * parts and * * * facilities in the property management area, and the rest will be used according to the decision of the owners' meeting:

1, changing the use of public buildings and facilities built according to the plan in the property management area without authorization;

2. Unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

3, unauthorized use of property * * * with part, * * with facilities and equipment for business.

Individuals who commit one of the acts listed in the preceding paragraph shall be fined 1000 yuan or more and 10000 yuan or less; If a unit commits one of the acts listed in the preceding paragraph, it shall be fined between 50,000 yuan and 200,000 yuan.

Extended data

Identification standard of illegal buildings

1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;

2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;

3, without changing the nature of the use of buildings;

4. The temporary buildings after construction have not been demolished to become permanent buildings beyond the validity period.

For urban buildings that have not obtained planning permits and construction project planning permits or are built in violation of the provisions of planning permits, the boundaries of property rights should be reasonably determined according to the actual situation and cannot be identified as illegal buildings.

Moreover, as long as the building is formal, the structure is reasonable, and after certain application and examination and approval procedures, criticism and education or appropriate fines are given, the formalities can be completed, the ownership can be confirmed, and the property right certificate can be issued.

Reference source Baidu Encyclopedia? unauthorized construction

Reference source Baidu Encyclopedia? property management regulations