Is it illegal to drill wells near residential buildings? Seek the legal basis in this respect, and report to which department?

It is illegal to dig wells near residential buildings without permission, which also constitutes infringement on other owners. If the circumstances are serious, it may constitute a crime. The people's court shall support the owners to violate the realty service contract or laws, regulations and management regulations and implement acts that hinder the realty service and management, and the realty service enterprise shall request the owners to bear corresponding civil liabilities such as restoring the original state, stopping the infringement and eliminating the obstruction.

Legal analysis

The owner digs a well privately, which violates the stipulations of the property service contract or the provisions of laws, regulations and management regulations. The property service company has the right to request the owner to assume corresponding civil liabilities such as restitution, cessation of infringement and elimination of nuisance, and bring a lawsuit to the court, which should support it. Well and other owners' houses are the same building, so there is an adjacent relationship. The owner changed the well drilling without authorization, which violated the civil law and constituted infringement for other owners. If the circumstances are serious, it violates the criminal law and constitutes a crime. If there are ground buildings when drilling wells, planning permission shall be handled together; The construction of a separate basement should obtain a separate planning permission. Therefore, it is a legitimate illegal act for the owner to drill wells without planning permission; Drilling wells without permission is also illegal construction. Owners who dig wells privately may even face jail if they cause serious consequences. Other owners can report to the urban management administrative law enforcement department, and the urban management administrative law enforcement department should also stop it according to relevant laws.

legal ground

Article 64 of the People's Republic of China (PRC) Urban and Rural Planning Law shall be ordered by the competent department of urban and rural planning of the local people's government at or above the county level to stop the construction without obtaining the construction project planning permit or failing to carry out the construction in accordance with the provisions of the construction project planning permit; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.