Provisions of Chongqing Municipality on Investigating and Handling Illegal Buildings

Provisions of Chongqing Municipality on Investigating and Handling Illegal Buildings

Article 1 These Provisions are formulated in accordance with the Land Administration Law of the People's Republic of China, the Urban and Rural Planning Law of People's Republic of China (PRC) and other relevant laws and regulations, in combination with the actual situation of this Municipality, in order to promote and standardize the investigation and punishment of illegal buildings and maintain the order of land and urban and rural planning management.

Article 2 These Provisions shall apply to the investigation and punishment of illegal buildings within the administrative area of this Municipality.

The term "illegal buildings" as mentioned in these Provisions refers to buildings (structures) built without land use or planning permission, including buildings (structures) that are newly built, rebuilt or expanded without authorization after verification and confirmation of the completion planning or obtaining the house property certificate.

Article 3 The investigation and punishment of illegal buildings shall be subject to territorial management, and the people's governments of cities, districts and counties (autonomous counties) and townships shall uniformly lead and organize the investigation and punishment of illegal buildings within their respective administrative areas.

Sub-district offices are responsible for the investigation and punishment of illegal buildings within their respective administrative areas.

Fourth, the competent department of urban and rural planning is responsible for organizing the investigation and punishment of illegal buildings in urban planning and construction land; 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.

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.

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 with the investigation and punishment of illegal buildings in accordance with their duties.

Article 5 _ The people's governments of counties (autonomous counties) shall establish a joint law enforcement mechanism, improve the system of case transfer and information sharing, and strengthen the coordination of the investigation and punishment of illegal construction.

Article 6 Any unit or individual shall strictly abide by laws and regulations such as land management and urban and rural planning, and shall not profit from illegal construction.

Seventh any unit or individual has the right to report illegal construction.

The administrative departments, township people's governments and sub-district offices responsible for investigating and dealing with illegal buildings shall establish and improve the reporting system for illegal buildings, and announce the reporting telephone and e-mail to the public.

The administrative departments, township people's governments and sub-district offices responsible for the investigation and handling shall deal with them in a timely manner and keep confidential the informants.

Eighth _ Township People's governments and sub-district offices shall establish a daily inspection mechanism for illegal buildings, stop the construction of illegal buildings in time, and report to the administrative department in charge of investigation.

Village (neighborhood) committees and property service enterprises shall promptly discover, discourage and report illegal construction within their respective jurisdictions, and cooperate with the investigation.

Encourage development and construction units, owners' congresses and owners' committees to prevent and control illegal building construction in the property management area.

Article 9 _ The administrative department in charge of investigating and handling illegal buildings under construction shall order them to stop construction immediately, and the township people's government and sub-district offices shall supervise the construction site. For those who refuse to stop construction, the following measures can be taken:

(a) the administrative department is responsible for the investigation and handling, and the Township People's Government shall notify the water supply, power supply, gas supply, property services and other enterprises in writing to stop the water supply, power supply and gas supply services according to law;

(2) The people's governments of counties (autonomous counties) shall instruct the people's governments of townships and sub-district offices to seal up the construction site or forcibly stop until the illegal buildings under construction are demolished.

Article 10 The people's governments of counties (autonomous counties) shall investigate, verify and register illegal buildings within their respective administrative areas, formulate a phased remediation plan, and carry out centralized remediation of illegal buildings according to law.

Eleventh _ the administrative department responsible for investigating and dealing with illegal buildings that have been built shall make a decision to dismantle, backfill and confiscate illegal buildings or illegal income according to law.

Illegal buildings in urban and rural planning areas, urban development protection areas and infrastructure protection areas seriously infringe on public interests, affect the implementation of urban and rural planning, destroy urban and rural landscapes, and affect public safety. , should be removed according to law.

Illegal buildings that meet the requirements of urban and rural planning control and construction quality and do not affect the interests and safety of the public can be confiscated according to law, and can also be fined below 10% of the illegal construction cost.

Twelfth _ decided to carry out compulsory demolition or backfilling of illegal buildings, in accordance with the following procedures:

(a) the administrative department is responsible for investigating and verifying the illegal facts according to law;

(two) the administrative department in charge of investigation and handling shall make a decision to dismantle or backfill within a time limit according to law, and the parties shall dismantle or backfill themselves within the prescribed time limit;

(three) if the parties fail to dismantle or backfill themselves within the time limit, the administrative department responsible for investigation shall submit it to the people's government of the county (autonomous county) for compulsory demolition or backfilling;

(4) If the people's government of a county (autonomous county) decides to forcibly dismantle or backfill, it shall make an announcement and serve it on the parties concerned, and order the parties to dismantle or backfill themselves within a time limit;

(5) If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit, and does not dismantle or backfill, 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.

Thirteenth _ the administrative department in charge of investigation shall, after confiscating illegal buildings according to relevant laws and regulations, promptly hand over the confiscated illegal buildings to the people's governments of counties (autonomous counties) where they are located, and the people's governments of counties (autonomous counties) shall dismantle them.

Fourteenth _ illegal construction can not determine the parties, the administrative department responsible for investigating the illegal construction site and the public * * * media shall issue an announcement, requiring the parties to accept the treatment within a time limit according to law, and the announcement time shall not be less than 10; 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 township people's governments and sub-district offices to carry out forced demolition or backfilling.

Fifteenth _ before the forced demolition or backfilling of illegal buildings, the township people's government and the sub-district office shall notify the parties to move out of the illegal buildings themselves. If the parties fail to move out by themselves, the Township People's Government and the sub-district offices shall register and keep them, and announce the opinions of the parties. 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.

Sixteenth administrative organs shall serve administrative law enforcement documents in accordance with the provisions of the Civil Procedure Law of People's Republic of China (PRC). If the party concerned refuses to be present or sign for it after being notified, the administrative organ may post the administrative law enforcement documents at the residence of the party concerned or the illegal construction site, and the representatives of the relevant grassroots organizations or the unit where the party concerned belongs shall be present to witness, or record the delivery process by taking photos, videos, etc. , that is, as delivery.

Seventeenth _ illegal buildings are not protected by law, and land and housing property rights registration procedures shall not be handled.

The administrative department in charge of investigation and punishment shall inform the land and housing ownership registration agency in writing in time if it finds that legal real estate is accompanied by illegal buildings. The land and housing ownership registration institution shall promptly restrict the transfer and mortgage registration of the real estate.

If the administrative department in charge of investigation finds that the illegal situation has been eliminated, it shall promptly notify the land and housing ownership registration agency in writing to lift the restrictions.

Eighteenth units and individuals using illegal buildings as business premises to apply for relevant licensing, registration, licensing or filing procedures, public security, culture, industry and commerce, quality supervision, food and drug supervision, safety supervision and other relevant departments shall not handle; Those that have been handled shall be revoked according to law.

Nineteenth _ water supply, power supply, gas supply and other enterprises shall check the planning permit or house property right certificate when handling the service procedures of water supply, power supply and gas supply. Those who have not obtained the planning permit or house property right certificate shall not provide corresponding services.

Twentieth _ building (municipal) design units shall not issue construction drawings for construction projects that have not obtained the review opinions on the design scheme of construction projects. The construction unit shall not undertake the construction project without obtaining the construction project planning permit.

Twenty-first _ the housing administrative department shall dissuade and report the illegal construction behavior of the realty service enterprise, and bring 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-second _ the parties 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.

Obstructing law enforcement officers from performing their duties according to law, in violation of the provisions of the People's Republic of China (PRC) Public Security Administration Punishment Law, shall be punished by the public security organs according to law; Suspected of a crime, transferred to judicial organs for criminal responsibility according to law.

Twenty-third _ the parties have one of the following circumstances, the administrative departments, township people's governments and sub-district offices responsible for the investigation can be published in the news media, and notify the relevant units and industry organizations:

(a) do not cooperate with the illegal construction work.

(2) Failing to perform the administrative decision within the prescribed time limit without justifiable reasons.

(three) hinder the implementation of administrative enforcement of illegal buildings.

Twenty-fourth _ administrative organs do not perform their duties related to investigating illegal buildings according to law, and the higher authorities or supervisory organs shall order them to make corrections; If the circumstances are serious, be informed criticism, and the relevant person in charge and the person directly responsible shall be given administrative sanctions according to law; Suspected of a crime, transferred to judicial organs for criminal responsibility according to law.

Twenty-fifth _ water supply, power supply, gas supply and other enterprises in violation of the provisions of Article ninth, Article nineteenth, to provide services to illegal buildings, the administrative department responsible for investigating and handling services shall be ordered to make corrections; 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.

Twenty-sixth _ building (municipal) design units in violation of the provisions of article twentieth, by the administrative department in charge of investigation and punishment shall be fined 30000 yuan to 65438 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.

Twenty-seventh _ property service enterprises in violation of the provisions of the second paragraph of article eighth of these measures, by the Housing Authority and the housing industry association depending on the seriousness of the case, to give informed criticism.

Twenty-eighth _ illegal construction parties to refuse to enter the house and other ways to hinder law enforcement officers to carry out on-site inspection, inspection and other law enforcement activities, by the administrative department responsible for investigating the responsibility to give the following provisions of the fine:

(a) illegal buildings used for non-business activities, a fine of 1000 yuan;

(two) illegal buildings used for business activities, a fine of 1 10 thousand yuan and 30 thousand yuan.

Twenty-ninth _ these Provisions shall come into force as of the date of promulgation.

Legal basis:

Land Management Law of the People's Republic of China and Urban and Rural Planning Law of People's Republic of China (PRC).