Will the randomly built houses be forcibly demolished?

Hello, the results of dealing with illegal buildings vary according to their nature, and may not be demolished. Let's introduce it in detail below.

Demolition treatment is put at the end.

Illegal construction refers to houses built in violation of the mandatory provisions of national laws, regulations and rules. There is no unified definition of the country, but local governments have clear regulations. Generally refers to the construction without obtaining the construction project planning permit or in violation of the relevant contents approved by the construction project planning permit.

Illegal buildings mainly include: (1) buildings built without application or approval and without obtaining construction land planning permit and construction project planning permit; (2) changing the buildings built according to the provisions of the construction project planning permit without authorization; (three) buildings built without changing the nature of use; (four) buildings that have not been demolished into permanent buildings after the expiration of the temporary building construction period; (4) Buildings constructed by forging relevant materials and obtaining the permission of the competent department.

Illegal buildings have different situations according to their "illegal" degree.

On the surface, illegal buildings can be roughly divided into two types:

First, the construction party has not obtained the land use right, so it cannot obtain the construction permit;

The second is to build illegal buildings on the land that has obtained the land use right, that is, although it has the right to use the land occupied by the building to build houses and other buildings, it has not obtained a building permit.

How to deal with illegally built houses?

The punishment procedure for illegal buildings is:

1, rights and responsibilities of property management companies

Property enterprises that owners and users violate the relevant provisions of the state and this Municipality in the process of property use and decoration, as well as the temporary owners' convention and the owners' convention, shall dissuade and stop them according to the relevant provisions or the temporary owners' convention and the owners' convention; Discourage and stop ineffective, it shall report to the owners' committee and relevant administrative departments within twenty-four hours.

Of course, as a property company, it does not have the power of compulsory demolition, nor does it have the right to sue the owner for demolition. Property companies only have the right to discourage. If the owners insist on illegal construction, the property company can only report to the owners' committee and relevant administrative departments.

2. Rights of relevant owners

Owners and users who violate these regulations or the temporary owners' convention or owners' convention, damage the load-bearing structure of the house, change the nature of the use of the property without authorization, and damage the legitimate rights and interests of other owners and users, the owners' committee shall dissuade and stop them; Relevant owners and users may bring a civil lawsuit to the people's court according to law. Relevant owners, mainly neighboring rights holders, sue through neighboring rights. Article 92 of the Property Law: The owner of a real estate uses adjacent real estate for water use, drainage, passage, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be made.

3. Penalties for illegal building owners

Damage to the load-bearing structure of the building, the district (county) real estate management department shall order it to immediately correct and restore to its original state, and may impose a fine of 1 10,000 yuan or more110,000 yuan or less; If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan may be imposed.

Damage to the housing appearance, unauthorized alteration or occupation of * * * housing parts, damage or unauthorized movement of * * * housing facilities and equipment, the district (county) real estate management department shall order it to make corrections, restitution, and may impose a fine of more than 1,000 yuan and less than 10,000 yuan; If the circumstances are serious, a fine of 1 10,000 yuan or more and10,000 yuan or less may be imposed.

If buildings and structures are erected illegally, the district (county) real estate management department shall order them to be dismantled within a time limit, and may impose a fine of 1 10,000 yuan or more10,000 yuan or less; If the party concerned fails to dismantle it within the time limit, the district (county) real estate management department may apply to the district (county) people's government for compulsory demolition.

Buildings and structures under illegal construction shall be ordered by the district (county) real estate management department to stop construction immediately, and construction tools and materials may be temporarily detained; Those who refuse to make corrections may be organized to make corrections on their behalf, and the expenses for making corrections on their behalf shall be borne by the parties concerned.

The real estate registration agency shall not handle the transfer and mortgage registration of real estate for houses connected with illegal buildings and structures.

There are two kinds of punishment here: one is administrative punishment: fine; The other is administrative coercion: compulsory demolition, restriction of real estate transfer and mortgage registration.

4. Penalties for property management companies

If the property company fails to dissuade or stop the illegal acts of the owners and users or fails to report to the relevant administrative departments within the specified time, the district (county) real estate management department shall order it to make corrections and may impose a fine of not less than 1,000 yuan but not more than 10,000 yuan. If the property management company fails to perform its duties, it will be subject to administrative punishment.

5. Protect the rights of the punished.

If a party refuses to accept a specific administrative act of the Municipal Bureau of Premises and Resources, the district (county) real estate management department and other relevant administrative departments, it has the right to apply for administrative reconsideration or bring an administrative lawsuit. If a party fails to apply for reconsideration, bring a lawsuit or perform a specific administrative act within the time limit, the administrative department that made the specific administrative act may apply to the people's court for compulsory execution according to law.

6. The demolition subject of illegal buildings

Demolition of illegal buildings involves administrative law enforcement. The so-called administrative coercion refers to the behavior or system that the administrative subject takes coercive measures against the administrative counterpart who fails to perform the administrative decision that has taken legal effect according to law or applies to the people's court to force the counterpart to perform the obligation or reach the same state as the obligation.

Ownership of the power of administrative enforcement: According to the current laws in China, administrative enforcement is jointly implemented by administrative organs and judicial organs, that is, both administrative organs and courts can become the subjects of administrative enforcement. According to the provisions of China's administrative procedure law and related judicial interpretations, the distribution of administrative enforcement authority between them can be summarized as "the principle of applying to the court for enforcement, except for the enforcement by the administrative organs themselves".

Hope to adopt. Thank you.