Identification and treatment of illegal buildings in residential areas

1. Identification: According to the existing laws and regulations as the basis for building houses and facilities, buildings that violate laws and regulations in residential areas are illegal buildings.

Compared with the identification and treatment of the illegal construction scope of residential areas, the aspects involved are all-round, mainly including these aspects:

(a) to change the use of public buildings and facilities built in accordance with the plan in the property management area without authorization;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of the property * * * with parts, * * with facilities and equipment for business;

(four) without the original design unit or the design unit with the corresponding qualification grade to put forward the design scheme, changing the main body and load-bearing structure of the building;

(5) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;

(six) expand the original size of the load-bearing wall doors and windows, and dismantle the brick-concrete wall connected with the balcony;

(seven) damage the original energy-saving facilities of the house and reduce the energy-saving effect;

(eight) other acts that affect the safety of building structure and use.

Article 66 Anyone who violates the provisions of these regulations and commits any of the following acts shall be ordered by the real estate administrative department of the local people's government at or above the county level to make corrections within a time limit, given a warning and fined in accordance with the provisions of the second paragraph of this article.

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

(a) to change the use of public buildings and facilities built in accordance with the plan in the property management area without authorization;

(two) unauthorized occupation and excavation of roads and sites within the property management area, which harms the interests of the owners;

(three) unauthorized use of property * * * with parts, * * with facilities and equipment for business.

Individuals who commit one of the acts listed in the preceding paragraph shall be fined between 10,000 yuan and 1,000 yuan; Units that commit any of the acts listed in the preceding paragraph shall be fined between 50,000 yuan and 200,000 yuan.

(decree number. Ministry of Construction of People's Republic of China (PRC) 1 10)

Fifth residential interior decoration activities, prohibit the following acts:

(a) without the consent of the original design unit or the design unit with corresponding qualification grade, changing the main body and load-bearing structure of the building;

(2) Changing rooms or balconies without waterproof requirements into bathrooms and kitchens;

(3) Enlarge the size of the original doors and windows of the load-bearing wall, and dismantle the brick-concrete wall connected with the balcony;

(four) damage to the original energy-saving facilities of the house, reducing the energy-saving effect;

(five) other acts that affect the safety of building structure and use.

2. Disposal: After actual investigation and confirmation, according to environmental and historical reasons, warning, fine, order for rectification, demolition and other disposal methods are generally given. It needs to be determined in strict accordance with relevant laws and regulations, not at will. According to the existing laws and regulations in China, it is generally recognized that illegal buildings in residential areas will be based on the Land Management Law, the Urban Planning Law and other laws and regulations. When it is found to be illegal, it should be handled according to the actual situation, but it can only be carried out after going through relevant procedures, generally including: filing an investigation, examination and approval, giving punishment and serving it for execution, and forced demolition.

legal ground

Land Management Law of the People's Republic of China

Article 1 This Law is formulated in accordance with the Constitution in order to strengthen land management, safeguard socialist public ownership of land, protect and develop land resources, make rational use of land, effectively protect cultivated land and promote the sustainable development of social economy.

Article 2 People's Republic of China (PRC) implements socialist public ownership of land, that is, ownership by the whole people and collective ownership by working people.

Ownership by the whole people, that is, land ownership owned by the state is exercised by the State Council on behalf of the state.

No unit or individual may occupy, buy or sell or illegally transfer land in other forms. Land use rights can be transferred according to law.

According to the needs of public interests, the state may expropriate or requisition land according to law and make compensation.

The state practices the system of paid use of state-owned land according to law. However, unless the state allocates the right to use state-owned land within the scope prescribed by law.