Interpretation of "Several Provisions of Chongqing Municipality on Investigating and Handling Illegal Buildings"

20 14, 10/0 on October 24th, the municipal government promulgated the Regulations of Chongqing Municipality on Investigating and Handling Illegal Buildings (Order No.282 of Chongqing Municipal People's Government, hereinafter referred to as Order No.282), which will come into force as of the date of promulgation. In order to facilitate the public to know the contents of the policy widely, correctly understand, cooperate with and support the implementation of the policy, the Legislative Affairs Office of chongqing urban planning bureau and the municipal government made the following interpretation of the main contents after soliciting the draft on the website of Chongqing municipal government: 1. Drafting background In recent years, with the rapid economic and social development of Chongqing, the level of urban construction in our city has been significantly improved, but the number of illegal buildings has also been increasing, and the number of new illegal buildings has intensified. The main manifestations are: the expansion of residential quarters mainly by excavating basements and outdoor structures; Defrauding the collection of compensation and rushing to build on collective land; The urban-rural fringe carries out construction without authorization for the purpose of renting, selling and operating. The repeated prohibition of illegal buildings not only seriously disrupts the order of land and urban and rural planning and management in our city, but also brings great hidden dangers to public safety, so it is necessary to intensify the rectification. Because the investigation of illegal buildings involves multiple departments, it is necessary to further clarify the responsibilities of the departments. Therefore, it is necessary to regulate it by formulating government regulations. Two. The main contents of the regulations (1) Definition of illegal buildings It is clearly stipulated in Order No.282 that "buildings (structures) built without land use or planning permission include buildings (structures) that are newly built, rebuilt or expanded without authorization after being verified and confirmed by the completion planning or after obtaining the house property right certificate" (Article 2). Regarding whether the buildings (structures) newly built, rebuilt and expanded by the owners of disputed residential areas without authorization after obtaining the property right certificate belong to illegal buildings, Order No.282 clearly defines such buildings as illegal buildings. (2) A new working system of "territorial management, departmental linkage, multi-level and multi-segment supervision and social participation" has been established. Decree No.282 further strengthened the division of responsibilities between the government and departments, and established a working system of "territorial management, departmental linkage, multi-departmental supervision and social participation": First, it is stipulated that the investigation and punishment of illegal buildings shall be carried out in territorial management, and the government shall be responsible for unified organization and leadership (Article 3); The second is to further clarify the division of responsibilities between the planning and land departments, and at the same time stipulate that other relevant administrative departments should also investigate and deal with them according to law (Articles 4 and 5); The third is to establish a multi-level supervision system from city, county, town (street) to village (neighborhood) committees and property service enterprises. At the same time, the regulatory measures for illegal buildings before, during and after construction, such as complaints and reports, prohibition of providing design and construction services, inspection and discovery, prevention of investigation, and restrictions on registration and use, are stipulated to comprehensively curb illegal buildings. (Articles 7 to 20); The fourth is to stipulate that any unit or individual has the right to report illegal buildings, and at the same time stipulate the cooperation obligations of water supply, power supply, gas supply, property services and design and construction units to mobilize social participation. (Article 7, Article 9, Article 19 to Article 21) (3) Decree No.282, which clarifies the division of responsibilities among departments, stipulates that the competent department of urban and rural planning is responsible for organizing the investigation and punishment of illegal buildings within the scope of urban construction planning; Land administrative departments are responsible for organizing the investigation and punishment of illegal buildings outside the scope of urban construction planning land. If comprehensive law enforcement is implemented, the comprehensive law enforcement department shall investigate and deal with illegal buildings in accordance with its duties and powers. The total land area of the main urban area is 5473 square kilometers, of which the planned urban construction land is 1 188 square kilometers, and the remaining 4285 square kilometers are unplanned urban construction land. Yuzhong District, dadukou district, Nan 'an District, Beibei District and other counties that have established comprehensive law enforcement bureaus shall be responsible for investigating and handling illegal buildings within the scope of urban construction planning land according to the division of responsibilities. Housing management, municipal administration, environmental protection, transportation, water conservancy, forestry, gardens, fire protection, civil affairs, civil defense and other relevant departments shall, in accordance with the provisions of relevant laws and regulations, investigate and deal with illegal buildings according to law. (4) (4) Illegal buildings under construction can be forcibly eliminated by 1. For illegal buildings under construction, the administrative department in charge of investigating and handling them shall order the parties concerned to stop the illegal acts. After the illegal buildings under construction are eliminated by themselves within a time limit, if the parties concerned fail to eliminate them within the time limit, they can take the following three measures: First, stop the water supply, power supply and gas supply services according to law; The second is to seal up the construction site; The third is to stop it by force until the illegal buildings under construction are eliminated. The elimination of illegal buildings under construction may include illegal buildings under construction before being ordered to stop work. 2. Implementation subject: (1) Stop water supply, power supply and gas supply services: The administrative department in charge of investigation and the town (township) people's government shall notify the water supply, power supply, gas supply, property services and other enterprises in writing to implement them according to law. (2) Sealing up the construction site: the people's governments of districts and counties (autonomous counties) shall instruct the township people's governments and sub-district offices to implement it. (3) Forcibly stop or even dismantle illegal buildings under construction: the people's governments of districts and counties (autonomous counties) shall instruct the township people's governments and sub-district offices to implement them. (9) (5) Requirements for centralized rectification of illegal buildings in stock In order to gradually eliminate illegal buildings in stock, Decree No.282 requires the people's governments of districts and counties (autonomous counties) to investigate, verify and register illegal buildings within their administrative areas, formulate a phased rectification plan, and in principle, focus on rectification of illegal buildings in plots with communities as the basic unit. (10) (6) The standard for classified disposal of built illegal buildings is defined as 1. For illegal buildings that have been built, the following three disposal decisions are made according to law: (1) Demolition (backfilling); (2) Confiscation of illegal income; (3) Confiscation of illegal buildings. 2. Resolutely demolish illegal buildings in urban and rural planning areas, urban development reserve areas and infrastructure reserve areas in the following four situations: (1) those that seriously infringe on public interests; (two) affect the implementation of urban and rural planning; (three) the destruction of urban and rural landscape; (4) affecting public safety. 3, does not meet the requirements of urban and rural planning control and construction quality requirements, does not affect the interests and safety of the public * * * *, can be punished according to law, confiscate the illegal income, and can impose a fine of less than 10% of the illegal construction cost. (11) (7) It is stipulated that the government or the people's court shall demolish (backfill) the completed illegal buildings. After the administrative department in charge of investigation has made a decision on dismantling or backfilling within a time limit according to law, if the party concerned fails to dismantle or backfill by itself within the time limit, the administrative department in charge of investigation shall submit it to the people's government of the county (autonomous county) for a decision on compulsory dismantling or backfilling, and the people's government of the county (autonomous county) shall instruct the township people's government and the subdistrict office to carry out compulsory dismantling or backfilling according to law. If the administrative department responsible for investigating and handling cases cannot apply to the people's government of a county (autonomous county) for enforcement according to relevant laws, it shall apply to the people's court for enforcement in accordance with the provisions of the Administrative Enforcement Law of the People's Republic of China. (Article 12) and (8) stipulate the procedures for handling illegal buildings where the parties cannot be determined: 1. The administrative department responsible for investigating and handling illegal buildings will issue an announcement on the spot and public media, requiring the parties to accept the treatment within a time limit of not less than 10 days; 2. If the parties concerned cannot be determined at the expiration of the announcement period, the people's governments of districts and counties (autonomous counties) may instruct the people's governments of townships and sub-district offices to carry out forced demolition or backfilling. (14) (9) The expenses for temporary storage, forced demolition or backfilling shall be borne by the parties involved in illegal construction. If the party concerned fails to move out the property in the illegal building, the township people's government and the sub-district office shall register it, keep it properly, and announce the party concerned to claim it. If it is unclaimed within 60 days from the date of announcement, it can be regarded as that the parties voluntarily give up the relevant property. The costs of temporary storage, forced demolition or backfilling shall be borne by the illegal construction parties themselves. (15) (10) put forward specific requirements for the delivery of law enforcement documents. Decree No.282 stipulates that if the party concerned is notified to be present but the party concerned refuses to be present or refuses to sign for it, the administrative organ may post the administrative law enforcement document at the party concerned's residence or the illegal construction site, and the representative of the relevant grassroots organization or the unit to which the party belongs shall be present to witness it, or take photos or videos of the delivery process, which shall be deemed as delivery. (16) (1 1) Restricting the registration of illegal buildings Order No.282 provides the following restrictive measures for illegal buildings: 1. No unit or individual may use illegal buildings for profit. (Article 6) 2. Illegal buildings are not protected by law, and land and housing property rights registration procedures shall not be handled. (article 17) 3. Where illegal buildings are attached to legal real estate, the transfer and mortgage registration of the real estate shall be restricted. (article 17) 4. Using illegal buildings as business premises to apply for relevant licensing, registration, licensing or filing procedures shall not be handled; Those that have been handled shall be revoked according to law. (18) 5. No corresponding services such as water supply, power supply and gas supply shall be provided for illegal buildings. (19) (12) Coordination responsibilities of relevant departments 1, public security, urban and rural construction, culture, industry and commerce, quality supervision, food and drug supervision, safety supervision, agriculture, immigration, economic information and other relevant departments and land and housing ownership registration agencies shall cooperate in investigating and handling illegal buildings according to their duties. (Article 4) 2. The land and house ownership registration institution shall restrict the transfer and mortgage registration of legal real estate in time after learning that illegal buildings are attached to it. (article 17) 3. The relevant departments of public security, culture, industry and commerce, quality supervision, food and drug supervision, safety supervision, etc. shall not apply for the relevant license, registration, license or filing procedures with illegal buildings as business premises; Those that have been handled shall be revoked according to law. (article 18) 4. The administrative department of housing shall incorporate the relevant information of the realty service enterprise to discourage and report illegal construction into the management of enterprise qualification verification, as one of the performance materials for the realty service enterprise to apply for qualification grade verification. (Article 21) (13) Investigation of cooperation obligations and responsibilities of relevant enterprises and units 1, water supply, power supply, gas supply and other enterprises Water supply, power supply, gas supply and other enterprises shall stop water supply, power supply and gas supply services for illegal buildings under construction according to law after receiving written notice from the administrative department in charge of investigation and handling. (9) Enterprises engaged in water supply, power supply and gas supply shall check the planning permit or house property right certificate when going through the formalities of water supply, power supply and gas supply services, and shall not provide corresponding services without obtaining the planning permit or house property right certificate (19). In violation of the provisions of Article 19 and Article 9 of these regulations, those who provide services for illegal buildings shall be ordered by the administrative department in charge of investigation to stop the service; Refusing to stop the service, the administrative department responsible for the investigation shall impose a fine of 1000 yuan to 30000 yuan, and submit it to the supervisory organ or its superior unit for handling the relevant person in charge and the person directly responsible. (article 25). 2, building (municipal) design units, construction units, building (municipal) design units shall not issue construction drawings for construction projects that have not obtained the review opinions of construction project design scheme. The construction unit shall not undertake the construction project without obtaining the construction project planning permit. (twenty) building (municipal) design units in violation of the provisions of this Ordinance twentieth, the administrative department is responsible for the investigation, and impose a fine of 1000 yuan to 30000 yuan. The construction unit in violation of the provisions of this Ordinance twentieth, shall be punished by the administrative department of construction according to law. (article 26). 3. The realty service enterprise shall timely discover, discourage and report the illegal construction in this area, and cooperate with the investigation. (eight) property services and other enterprises shall, after receiving the written notice from the administrative department and the Township People's Government, stop the water supply, power supply and gas supply services for illegal buildings under construction according to law. (nine) the housing administrative department shall dissuade and report the illegal construction behavior of the realty service enterprise, and incorporate it into the management of enterprise qualification verification, as one of the performance materials for the realty service enterprise to apply for qualification level verification. The residential industry association shall dissuade and report the illegal construction behavior of the realty service enterprise, and include it in the enterprise credit record as the performance material of the realty service enterprise in this industry. (twenty-one) the realty service enterprise in violation of the provisions of the second paragraph of article eighth, by the housing administrative department and the housing industry association depending on the seriousness of the case, give notice. (27) (14) The parties concerned shall cooperate with the administrative organs to investigate and deal with illegal buildings, and shall not hinder law enforcement officers from performing their duties according to law. (Article 22) If a party obstructs law enforcement or refuses to cooperate, there are three ways to deal with it: 1. Public security punishment hinders law enforcement officers from performing their duties according to law, and violates the provisions of the Law of People's Republic of China (PRC) on Public Security Administration Punishment, which shall be punished by public security organs according to law; Suspected of a crime, transferred to judicial organs for criminal responsibility according to law. (article 22) 2. If the administrative department, township people's government and sub-district office responsible for the investigation and punishment of honesty and credit do not cooperate with the investigation and handling of illegal buildings, fail to perform the administrative decision within the prescribed time limit without justifiable reasons or hinder the implementation of administrative enforcement of illegal buildings, they can be published in the news media and notified to the relevant units and industry organizations. (article 23) 3. Fines If a party to an illegal building blocks law enforcement officers from carrying out on-site inspection, inspection and other law enforcement activities by refusing to enter the house, the administrative department in charge of investigation shall impose the following fines: if the illegal building is used for non-business activities, it shall be fined 1000 yuan; Those who use illegal buildings to engage in business activities shall be fined 1 10,000 yuan but not more than 30,000 yuan. (article 28).