Regulations of Chengdu Municipality on the Governance of Illegal Buildings

Chapter I General Provisions Article 1 In order to effectively control illegal construction, maintain the management order of urban and rural planning, and build a park city demonstration area that practices the new development concept, these Regulations are formulated in accordance with the Urban and Rural Planning Law of People's Republic of China (PRC), the Regulations on Urban and Rural Planning of Sichuan Province, the Decision of the Standing Committee of Sichuan Provincial People's Congress on Stopping and Investigating Illegal Construction and other laws and regulations, and in combination with the actual situation of Chengdu. Article 2 These Regulations shall apply to the prevention, suppression, investigation and other governance activities of illegal construction within the administrative area of this Municipality. Article 3 The term "illegal construction" as mentioned in these Regulations refers to the construction of buildings, structures, urban roads, pipelines and other projects in urban and rural planning areas in violation of the provisions of urban and rural planning laws and regulations, including the following situations:

(a) without obtaining the permit procedures for construction project planning or failing to carry out construction in accordance with the provisions of the permit procedures for construction project planning;

(two) without obtaining the permission procedures for rural construction planning or failing to carry out construction in accordance with the provisions of the permission procedures for rural construction planning;

(three) temporary construction without approval or in accordance with the approved content, or temporary buildings and structures are not removed after the approval period;

(four) other violations of urban and rural planning laws and regulations. Article 4 The governance of illegal construction shall follow the principles of source control, classified governance, territorial responsibility and comprehensive governance. Article 5 The municipal and district (city) county people's governments shall be responsible for the governance of illegal construction within their respective administrative areas, establish and improve the linkage and coordination system for law enforcement of illegal construction, and study and solve major and difficult problems in the governance of illegal construction.

Illegal construction and governance funds should be included in the government budget. Article 6 The comprehensive administrative law enforcement department of urban management shall be responsible for the guidance, supervision and assessment of the administrative law enforcement of illegal construction in this Municipality, and coordinate and investigate major and complicated cases of illegal construction.

District (city) county urban management comprehensive administrative law enforcement department is responsible for the investigation and punishment of illegal construction in the urban planning area within its jurisdiction.

The town people's government is responsible for investigating and dealing with illegal construction in rural planning areas.

The administrative organs responsible for investigating illegal construction listed in the first three paragraphs of this article are collectively referred to as investigation organs. Chapter II Source Control Article 7 Sub-district offices and town people's governments shall establish a territorial responsibility system, a patrol system and an information registration and reporting system for illegal construction, so as to stop the ongoing illegal construction according to law.

Neighborhood (village) committees shall discourage illegal construction within their respective jurisdictions, and report to the subdistrict offices, the town people's governments or other investigation organs in a timely manner. Article 8 realty service enterprises or other managers shall strictly implement the registration system for building materials and machines entering and leaving the realty service area, strengthen the inspection of construction, decoration and renovation activities in the realty service area, promptly discourage and stop illegal construction, and report to the subdistrict office, the town people's government or the relevant investigation authorities.

For the illegal construction investigated and dealt with according to law, the realty service enterprise or other managers shall refuse the illegal construction personnel, construction equipment and raw materials to enter the realty service area, and cooperate with the investigation organ for investigation. Article 9 No unit or individual may enter the construction site without the consent of the investigation organ for illegal construction investigated and dealt with according to law. Tenth planning and natural resources departments should strengthen the supervision and inspection of planning implementation, and implement planning verification control measures. Without the consent of the owners in accordance with the law, the planning permission procedures for the renovation and reconstruction of residential buildings and their ancillary facilities shall not be issued.

The competent department of housing and construction shall strengthen the on-site inspection of construction projects, and urge the realty service enterprises or other managers to fulfill the obligations stipulated in Article 8 of these regulations.

The relevant competent departments shall promptly discourage illegal construction found in administrative management and transfer the illegal construction information to the illegal construction investigation organ. Eleventh any unit or individual shall abide by the urban and rural planning, obey the planning management, and shall not carry out illegal construction, and shall not profit from illegal construction.

Any unit or individual has the right to complain and report illegal construction. The investigation organ shall establish and improve the complaint reporting system for illegal construction, announce the telephone number, e-mail address and website of the complaint reporting to the public, and accept the complaint reporting in a timely manner.

Radio, television, newspapers, internet and other media should strengthen the supervision of public opinion on the prevention and punishment of illegal construction, actively do a good job in the publicity and exposure of typical illegal construction cases, and raise the awareness of the whole society to abide by relevant laws and regulations on urban and rural planning and management. Twelfth urban management comprehensive administrative law enforcement departments should establish the city's illegal construction information base and law enforcement information sharing platform to achieve information and data sharing. Chapter III Investigation and Law Enforcement Article 13 The investigation organ may investigate, collect and fix relevant evidence of illegal construction by means of satellite remote sensing monitoring, aerial photography, electronic monitoring, audio and video recording and on-site inspection. Fourteenth of the ongoing illegal construction, the investigation organ shall order the illegal construction parties to immediately stop construction, dismantle or correct; And can seal up illegal construction sites and detain illegal construction facilities and equipment according to law. If the party concerned refuses to stop the construction, or refuses to dismantle or correct, the people's government of the city, district (city) or county shall instruct the relevant departments to forcibly dismantle it according to law.

If illegal construction causes or may cause emergencies that endanger public safety, the investigation organ shall immediately take emergency measures to stop illegal construction and eliminate illegal results.