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Which department should I look for if there is illegal construction in the community?
I. The processing flow of illegal construction in the community is as follows:
If there are illegal buildings in the community, you can report them to the property first, and they will negotiate with the illegal construction party. If the property communication is invalid, it must be reported to the urban construction department at this time, and relevant personnel shall be ordered to make rectification. If the illegal party has not been dismantled, the urban construction department may dismantle it according to law. Illegal construction in residential areas shall be ordered by the construction administrative department of the people's government at or above the county level to dismantle it within a time limit, and the owners and property users shall be fined between 1,000 yuan and 5,000 yuan, and the decoration enterprises shall be fined between 5,000 yuan and 50,000 yuan; If it is not removed within the time limit, the construction administrative department of the people's government at or above the county level may apply to the people's court for compulsory execution. Illegal construction of residential quarters shall be investigated and dealt with by the competent department of urban and rural planning of the local people's government at or above the county level.
Two, compulsory demolition of illegal buildings procedures are as follows:
1, investigation and evidence collection;
2. Identify illegal buildings;
3. Make a decision to order the demolition within a time limit;
4. Issue law enforcement documents;
5, the examination and approval of compulsory demolition;
6. Make the demolition plan;
7, the implementation of demolition.
Three, the identification criteria of illegal buildings are as follows:
1, which changed the use function of the building;
2, without consent, unauthorized renovation, renovation and expansion of buildings;
3, temporary buildings, overdue demolition;
4, unauthorized changes in design drawings, the construction of buildings;
5. Illegal transfer of non-agricultural land and buildings on it of urbanized neighborhood committees or joint-stock cooperative companies in the Special Zone. Illegal transfer of villagers' own homestead, non-agricultural construction land of rural economic organizations and buildings built on it;
6 buildings built on land that has been planned as public facilities, public places and public green spaces;
7. Although it is a homestead for rural self-use or a non-agricultural land for rural economic organizations, it violates the local urban planning or exceeds the standards set by the local government;
8. Other buildings that violate laws and regulations.
To sum up, illegal construction in the community should be managed by the local urban construction department. Generally speaking, the significance of dismantling illegal buildings is an effective way to strengthen urban and rural planning and construction, promote economical and intensive land use and accelerate the transformation of development mode. It is also an objective requirement for strengthening and innovating social management and building a harmonious society.
Legal basis:
Article 9 of People's Republic of China (PRC) Urban and Rural Planning Law
All units and individuals shall abide by the urban and rural planning approved and published according to law, obey the planning management, and have the right to inquire the competent department of urban and rural planning whether the construction activities involving their interests meet the planning requirements.
Any unit or individual has the right to report or accuse violations of urban and rural planning to the competent department of urban and rural planning or other relevant departments. The competent department of urban and rural planning or other relevant departments shall promptly accept reports or complaints and organize verification and handling.
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