Is it illegal to build a shed on the roof?

It is illegal to build a shed. There is only one way to use the roof area normally, that is, to install solar water heaters and other equipment on the roof according to reasonable use requirements. This type is not illegal.

Legal analysis

Land ownership belongs to the state or the collective. Villagers, rural enterprises, urban residents and urban enterprises only have the right to use land. Construction on land requires corresponding construction approval procedures, otherwise it may be identified as illegal construction by relevant departments. Illegal construction refers to buildings and structures built without the approval of the competent department of land planning and without obtaining the planning permit for construction projects or the planning permit for temporary construction projects. According to the provisions of the Urban and Rural Planning Law, if buildings, structures, roads, pipelines and other projects are built in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county or the people's government of the town determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit. According to the relevant laws and regulations, the demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated. Illegal construction refers to the houses and facilities built outside the planning area without obtaining the planning permit, the original site and the site selection opinions of the proposed project, in violation of relevant laws and regulations.

legal ground

"Regulations on Property Management" Article 45 A property service enterprise shall stop acts that violate laws and regulations such as public security, environmental protection, property decoration and use within the property management area, and report to the relevant administrative departments in a timely manner. After receiving the report from the realty service enterprise, the relevant administrative department shall stop the illegal act or deal with it according to law.

Article 65 of the Urban and Rural Planning Law of People's Republic of China (PRC) fails to obtain the rural construction planning permit according to law or fails to carry out construction in accordance with the provisions of the rural construction planning permit, the township and town people's governments 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.