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Is the sun room illegal?
1, first floor, sun room on the top floor, high probability of illegal construction. In general, the top floor or the first floor without property rights belongs to public places. If you directly build a sunny room, it is an illegal building;
2. Not all villa sunrooms are illegal. Villa is generally divided into two types: single-family and townhouse. The key to judge whether the villa sun room is illegal is whether the property right belongs to itself. Single-family villas, property rights belong to them. As long as it does not prevent other owners from filing with the property, they can build a sunny room in the yard, balcony or terrace. For townhouses, before building a sunny room, the special research team of Selt Sunroom suggested consulting relevant departments, such as property management and urban management bureau.
3. The terrace/balcony of the apartment is sealed as a sun room, and the probability of illegal construction is high. On many apartment floors, many owners tend to seal balconies or terraces with sun rooms. In fact, your own balcony or terrace can't be sealed if you want to. Before closing the door, you must obtain the consent of the property.
4, build a mobile sun room, the probability of illegal construction is small. In addition, many owners tend to build mobile sun rooms on balconies. Because the mobile sun room adopts modular opening and closing, as long as the owner switches the mobile sun room to the "full open" mode, it is basically the same as the outdoor space, and it is difficult for the property and urban management to judge it as illegal construction.
Legal basis: Article 3 of the Urban Planning Law of People's Republic of China (PRC).
Cities and towns shall formulate city plans and town plans in accordance with this law. Construction activities within a planned urban area shall conform to the planning requirements.
The local people's governments at or above the county level shall, according to the local rural economic and social development level and the principle of adapting measures to local conditions and being practical, determine the areas where township planning and village planning should be formulated. Townships and villages in designated areas shall make plans in accordance with this law, and the construction of townships and villages in the planned areas shall meet the planning requirements.
Local people's governments at or above the county level shall encourage and guide townships and villages in areas other than those specified in the preceding paragraph to formulate and implement township plans and village plans.
Article 60 If the town people's government or the competent department of urban and rural planning of the people's government at or above the county level commits one of the following acts, the competent department of urban and rural planning of the people's government at the same level, the people's government at a higher level or the supervisory organ shall order it to make corrections according to its functions and powers, informed criticism; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) Failing to organize the compilation of the regulatory detailed planning of the cities and towns where the county people's government is located according to law;
(two) beyond the authority or the issuance of site selection opinions, construction land planning permits, construction project planning permits, rural construction planning permits to applicants who do not meet the statutory conditions;
(3) Failing to issue site selection opinions, construction land planning permits, construction project planning permits and rural construction planning permits to applicants who meet the statutory requirements within the statutory time limit;
(4) Failing to publish the approved detailed planning and general plan of construction project design according to law;
(5) Failing to listen to the opinions of the interested parties in the form of a hearing before agreeing to modify the detailed planning for construction and the general plan of the design scheme of the construction project;
(six) to investigate and deal with the acts of construction in the planning area without obtaining the planning permission according to law or in violation of the provisions of the planning permission, or not to deal with it according to law after receiving the report.
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