Legal problems of illegal building.

Since urban construction has been identified as illegal construction and a list has been drawn up, we must try our best to find the owner. If you can't find him, you can ask the housing management department for help, and the housing management department will manage him and forcibly dismantle him.

According to the law, any residential building must be approved by the city planning department in advance. Illegal construction refers to illegal construction without the approval of the competent department.

Regulations on the Administration of Urban Illegal Buildings:

Article 1 These Provisions are formulated in accordance with the Regulations on the Administration of Urban Construction Planning (hereinafter referred to as the Planning Regulations) and the Regulations on the Administration of Urban Public Housing (hereinafter referred to as the Public Housing Regulations) in order to facilitate the rectification of illegal structures and buildings in this Municipality and improve the city appearance.

Article 2 The following buildings without the consent of the property owner of public houses are buildings that violate the regulations on the administration of public houses (hereinafter referred to as illegal buildings) and shall be handled by the housing management department:

(1) Building closed or partially closed buildings and structures on the balcony;

(two) to build closed or partially closed buildings and structures in the patio.

Article 3 The following buildings and structures without the permission of the planning administrative department belong to illegal buildings as mentioned in the planning regulations and shall be handled by the planning administrative department:

(a) Houses and buildings with elevated roofs;

(two) buildings and structures in the courtyard of garden houses and apartments;

(three) buildings and structures attached to the external walls of houses built in neighborhoods, lanes and new villages;

(four) temporary buildings and structures that have not been demolished and have not occupied roads within the time limit.

Article 4 If illegal buildings such as buildings and structures occupying roads (including sidewalks) are not approved by the public security department or the planning administrative department, or if they are approved but are not removed within the time limit, they shall be handled by the public security department or jointly with the planning administrative department.

Fifth without the consent of the owner of public houses and the permission of the planning and management department, the partially closed buildings and structures built on the terrace are illegal buildings, which shall be handled by the housing management department; Closed buildings and structures erected on the terrace are illegal buildings, which shall be verified by the housing management department and handed over to the planning management department.

Sixth without the consent of the public housing property owner, without obtaining the "construction project planning permit" of the building floor, is a serious obstacle to urban planning of illegal buildings.

Article 7 An illegal building under any of the following circumstances is an illegal building that hinders public safety and traffic:

(a) built on the road (including sidewalks) and in the streets, lanes and new villages;

(two) the use of cracks between buildings or cantilever buildings;

(three) buildings and structures exceed the load of the original building load-bearing structure;

(4) Built on municipal and public facilities (including underground pipelines);

(five) other has hindered or may hinder public safety and traffic.

Eighth the provisions of article second, article third, article fourth and article fifth of the illegal structures, illegal buildings, according to the relevant provisions of the "public housing regulations" and "rules and regulations".

Article 9 With the approval of the district (county) people's government, the district (county) housing management department and planning management department may entrust the sub-district offices (township and town people's governments) to exercise some functions and powers to deal with illegal structures and buildings, and the sub-district offices (township and town people's governments) shall exercise their functions and powers in the name of the competent department within the delegated authority.

Tenth in the rectification of illegal buildings and structures, the district (county) two or more departments in charge of the dispute, the district (county) people's government designated relevant departments to coordinate; If the coordination fails, the district (county) people's government shall make a decision.

Eleventh illegal buildings that seriously hinder urban planning should be demolished within a time limit or confiscated according to the provisions of relevant laws and regulations.

Twelfth for illegal buildings, illegal buildings, according to the law must be corrected within a time limit, demolition or confiscation, not just a fine.

Thirteenth illegal buildings of public and private houses shall be handled with reference to the relevant provisions of the Regulations on Public Housing.

Fourteenth illegal buildings under construction, once found, the relevant competent departments shall be ordered to stop immediately; If you don't listen to dissuasion and continue the construction, you can force the demolition.

Fifteenth illegal buildings that hinder public safety and traffic shall be handled by the planning and management departments and public security departments of the district (county) people's government. Dismantle it according to the following procedures:

(a) the planning and management departments shall investigate and collect evidence according to their functions and powers, and find out the facts of illegal construction;

(two) the planning management department issued a decision to the parties to dismantle illegal buildings within a time limit. Among them, for an illegal building, the district (county) people's government will issue a unified rectification notice. If a party refuses to accept the decision, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

(three) if the parties fail to dismantle the illegal buildings by themselves within the time limit, the district (county) people's government shall organize the relevant departments to forcibly dismantle them.

Sixteenth evidence to prove illegal construction, illegal construction:

(1) Letters or statements reporting or requesting rectification of illegal buildings and structures;

(2) Records, photos or videos of illegal structures and illegal buildings;

(three) the investigation record of asking neighbors and others;

(four) statements and transcripts of illegal structures and illegal construction actors;

(five) illegal construction and other evidence of illegal construction.

Seventeenth parties and others hinder or obstruct law enforcement officers to investigate and deal with illegal buildings and structures, and do not use violence or threats, and the public security organs shall deal with them according to the seventh paragraph of Article 19 of the Regulations on Administrative Penalties for Public Security; If violence or threats are used to obstruct the investigation of illegal buildings and structures, which constitutes a crime, the judicial organs shall investigate criminal responsibility according to law.

Eighteenth mandatory demolition of illegal buildings, illegal buildings, labor costs, garbage disposal fees, etc., the competent authorities should make an administrative decision to bear the costs of illegal structures, illegal buildings. If a party refuses to accept it, it may apply for administrative reconsideration or bring an administrative lawsuit according to law. If it fails to apply for reconsideration or prosecution within the time limit and fails to perform the decision, the competent department that made the decision may apply to the people's court for compulsory execution.

Nineteenth construction units to undertake illegal construction, illegal construction, the competent authorities to deal with the person in charge of the construction unit and the main responsible personnel shall be given administrative sanctions.

Article 20 If the staff responsible for rectifying illegal buildings and structures violate the relevant provisions of laws, regulations and rules, abuse power for personal gain, abuse power, neglect their duties, and cause losses to the lives and property of the state and people, they shall be given administrative sanctions by the competent authorities. If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated according to law.

Article 21 These Provisions shall come into force as of August 1st, 1993.