Provisions of Chengdu Municipality on the Administration of Prohibiting Illegal Construction

Article 1 In order to strengthen the management of urban planning, prohibit illegal construction, and ensure the smooth implementation of urban planning, these Provisions are formulated in accordance with the Urban Planning Law of People's Republic of China (PRC), the Measures for the Implementation of the Urban Planning Law of Sichuan Province, and the Regulations on the Administration of Urban Construction Planning of Chengdu, combined with the actual situation of Chengdu. Article 2 These Provisions shall apply to the illegal construction in the urban planning area of this Municipality and the handling of relevant responsible personnel. Article 3 The term "illegal construction" as mentioned in these Provisions refers to the following acts of building, rebuilding and expanding buildings, structures and other engineering facilities in violation of urban planning laws and regulations:

(a) no construction project site submissions;

(two) no construction land planning permit;

(three) no construction project planning permit;

(four) to change the nature, location or boundary of land use determined by the construction land planning permit without authorization;

(five) the construction land planning permit has expired and continues to occupy land;

(six) changing the nature of urban infrastructure land without authorization;

(seven) to change the nature and content of the use of the construction project planning permit without authorization;

(eight) to move the location of the construction project without authorization;

(nine) the construction project planning permit has expired;

(ten) after the completion of the construction project, the nature and content of the main use are changed without authorization;

(eleven) changing the nature and scale of the use of temporary buildings without authorization;

(twelve) the temporary building exceeds the prescribed service life;

(thirteen) other construction in violation of urban planning. Fourth city planning administrative departments responsible for the city's urban planning management, investigate and deal with illegal construction of central city and sub-centers in southern and eastern cities according to law. Its subordinate city illegal construction supervision institutions are specifically responsible for the investigation and punishment of illegal construction.

Jinjiang District, Qingyang District, jinniu district, Wuhou District and chenghua district District (including High-tech Zone) urban planning administrative departments shall investigate and deal with illegal construction in this area according to the authority and scope entrusted by the municipal urban planning administrative department.

Longquanyi District, qingbaijiang district, Xindu County, Pixian County, Wenjiang County and Shuangliu County urban planning administrative departments are responsible for the investigation and punishment of illegal construction in this region, and assist the municipal urban planning administrative departments to do a good job in the investigation and punishment of illegal construction at the intersection of this region and the central city and the sub-centers in the south and east of the city.

City construction, land, housing management, industry and commerce, public security, health, municipal, cultural and other relevant administrative departments. Should be in accordance with their respective functions and powers, cooperate to do a good job in the comprehensive management of illegal construction. Article 5 All units and individuals have the obligation to abide by urban planning and obey planning management, and have the right to report and accuse illegal construction. The competent department of city planning administration shall promptly investigate and handle reports and complaints about illegal construction. Article 6 Any unit or individual who builds, rebuilds or expands buildings, structures and other engineering facilities must apply to the competent department of city planning administration with relevant approval documents in accordance with the prescribed procedures, and obtain opinions on the site selection of construction projects, construction land planning permits and construction project planning permits (including temporary construction project planning permits, hereinafter referred to as "one book and two certificates").

Units and individuals that have been approved for construction shall not build, rebuild or expand buildings, structures and other engineering facilities in violation of the contents determined by "one book and two certificates".

Temporary construction, must be approved by the competent department of city planning administration, temporary construction project planning permit. The use period of temporary construction projects shall not exceed two years; If it is really necessary to extend the service period, it shall be reported to the original approval authority for examination and approval within two months before the service expires. Seventh any department beyond the authority to impose penalties or exceed the examination and approval authority to approve the construction, the punishment or approval documents are invalid, and the construction is treated as illegal construction. Eighth acts in violation of urban planning land, according to the following provisions:

(a) without obtaining the construction land planning permit issued by the competent department of city planning administration or using the expired construction land planning permit to occupy the land, it shall be ordered to return the occupied land, and the buildings and structures on the land shall be confiscated or demolished according to law;

(two) to change the location, scope and nature of the use of the construction land planning permit without authorization, and order it to make corrections within a time limit. Refuses to correct, shall not approve its construction application. Article 9 Where a building, structure or other engineering facilities are newly built, rebuilt or expanded without obtaining "one book and two certificates" or in violation of the contents determined by "one book and two certificates", the competent department of city planning administration shall give a warning according to law, order it to make corrections within a time limit and impose a fine, order it to stop construction, dismantle it within a time limit and confiscate the illegal buildings. Structures and other engineering facilities, depending on the seriousness of the circumstances and the degree of influence on urban planning.

Illegal construction projects have one of the following acts, which seriously affect urban planning, and shall be ordered by the competent department of urban planning administration to dismantle illegal buildings, structures and other engineering facilities within a time limit:

(a) occupying urban roads, squares, public green spaces and fire exits;

(2) occupying shelterbelts, isolated areas on both sides of railway trunk lines, control areas on both sides of highways, channels on both sides of rivers, cultural relics protection areas, scenic spots, urban water source protection areas, power channels and facilities protection areas, and occupying underground pipelines;

(three) affect the airport clearance control and microwave communication channels;

(four) other serious impact on urban planning.