Hefei's efforts to control illegal construction continue. Why should we crack down on illegal buildings?

Illegal buildings have the following problems:

Because it has not been effectively supervised, it does not conform to the overall urban planning; The quality of construction projects is often not guaranteed; There are major security risks in terms of security; Occupy public places and occupy state land; Affected the image of urban civilization.

Illegal buildings have become the public enemy of the city. Its danger lurks around the city like a bomb. Once detonated, it will destroy the house and kill people.

Therefore, it is forbidden to build illegal buildings in urban public places.

The safety of people's lives and property should be put in the first place in rectifying illegal buildings.

Characteristics of illegal buildings

Illegal buildings refer to buildings and structures built by citizens or legal persons without authorization in violation of laws and policies, which are usually manifested as shacks, sentry boxes and simple buildings built without authorization.

The main feature of illegal buildings is illegal, that is, illegal buildings are not protected by law. Because it violates the prohibitive provisions of the law, in principle, the parties are not given ownership, and it is impossible to register property rights according to law (Articles 5 and 23 of the Measures for the Administration of Urban Housing Ownership Registration). However, the illegal building itself is still a thing, and the builder of the illegal building still enjoys some rights in the property law until the relevant administrative department determines that it needs to be demolished according to law. These rights mainly include:

1 has the right to dispose of building materials. Although the builder does not own the building, so he has no right to dispose of it, the builder of the illegal building has the right to own the building materials of the illegal building, and of course has the right to dispose of the building materials.

Have the right to occupy this building. Possession is a fact rather than a right, and it is a state of people's control and dominance over things. Possession can occur because of ownership, other property rights or other rights, or because of some behavior that lacks the basis of rights and simple natural facts. Although the illegal building can't obtain the ownership, but because the builder has the de facto control over the illegal building, it can establish possession. This factual state of possession is protected by law.

Have the right to use this building. The purpose of possession is not just to take it for yourself, but to use it according to the physical properties and uses of things. The right to use illegal buildings is a temporary right to use. Once the building is demolished, the right to use will be destroyed; Or after the legalization of illegal buildings, the right to use illegal buildings is eliminated and transformed into the right to use legal buildings (Articles 32 and 35 of the Regulations on the Administration of Urban House Demolition). 4. Have the right to obtain illegal construction income. The owner of the illegal building has the right to occupy the illegal building, so of course he has the right to benefit, but this right to benefit should be restricted by law. Owners can only benefit from their own use of the building, but not from renting it.