Is it illegal to build a sunny room on the top floor of the community?

Illegal and illegal buildings should be reported to the relevant departments and removed in time.

According to Article 40 of People's Republic of China (PRC) Urban and Rural Planning Law:

In the construction of buildings, structures, roads, pipelines and other projects in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the town people's government determined by the people's government of the city or county or the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

To apply for a planning permit for a construction project, the relevant certification documents for land use, the design scheme of the construction project and other materials shall be submitted. A detailed construction plan shall also be submitted for a construction project that requires the construction unit to prepare a detailed construction plan.

To meet the regulatory detailed planning and planning conditions, the competent department of urban and rural planning of the people's government of the city or county or the people's government of a town determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall issue a planning permit for construction projects.

The competent department of urban and rural planning of the people's government of a city or county or the people's government of a town as determined by the people's government of a province, autonomous region or municipality directly under the Central Government shall publish the general plan of the approved detailed planning and design scheme of the construction project according to law.

Extended data:

In April this year, during the on-site investigation of the community, law enforcement team members found that five of the eight top-floor terraces of two residential buildings were closed by the top-floor owners to build sun rooms; Because the relevant planning procedures have not been handled, they are all illegal buildings.

However, when the law enforcement team issued a notice of violation, five owners expressed dissatisfaction. They took out a paper agreement with the developer to "enjoy the terrace exclusively", saying that they had already bought the right to use the terrace. The investigation by the law enforcement team found that when five owners bought houses, the total price was about 654.38+10,000 yuan higher than that of households who bought other floors in the same period.

According to their explanation, the extra 6,543,800 yuan was used to buy the right to use the terrace. In this draft paper agreement, it is also stated that they have independent right to use the roof terrace. "Since you have spent money, you should be able to use it at will." One owner said. The developer of the community said that when signing the agreement, it had been agreed with the owner that there should be no illegal acts in using the terrace.

Violation of regulations; He thinks that his obligation of reminding has been fulfilled. However, there are obvious differences in understanding between the two sides. Several owners believe that the developer's promise made them misunderstand their rights and didn't know about the illegal construction. They also lost an average of 40,000 yuan.

In this regard, Lin Ying, a lawyer of Hubei Chengming, explained that this "exclusive balcony" agreement itself is invalid, not to mention that Jianyang Fangguang's behavior violated the Regulations on Comprehensive Urban Management in Wuhan. According to the provisions of Article 70 of the Property Law, the terrace of a house belongs to some owners, and its right to use and operate should be owned by all owners, not one household.

Baidu Encyclopedia-People's Republic of China (PRC) Urban and Rural Planning Law

People's Daily Online-Households on the top floor illegally built the sun room, and all shouted that "the right to buy" was invalid.