Provisions of Shanghai Municipality on Demolition of Illegal Buildings (20 1 1 Amendment)

Article 1 In order to strengthen the management of illegal buildings and improve the urban environmental quality, these Provisions are formulated in accordance with the Urban and Rural Planning Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this Municipality. Article 2 These Provisions shall apply to the demolition of illegal buildings within the administrative area of this Municipality, except that the township and village planning areas have not obtained the construction project planning permit according to law. Article 3 The municipal, district and county people's governments shall lead and be responsible for the demolition of illegal buildings within their respective jurisdictions, establish and improve the working mechanism for the demolition of illegal buildings, improve and implement the responsibility system for the demolition of illegal buildings, and assess the departments that carry out the demolition of illegal buildings.

The municipal urban and rural construction management department and the departments designated by the district and county people's governments are specifically responsible for the comprehensive coordination of the demolition of illegal buildings within their respective jurisdictions.

City and county planning and management departments, housing management departments, urban management administrative law enforcement departments (hereinafter referred to as "illegal implementation departments") are responsible for the demolition of illegal buildings in accordance with the laws and regulations on planning management and property management and the provisions of the Municipal People's Government, and the specific division of responsibilities shall be formulated separately by the Municipal People's Government.

Street offices and town people's governments shall cooperate with the implementation departments to do a good job in the demolition of illegal buildings.

The relevant administrative departments of public security, industry and commerce shall, according to their respective duties, assist in the relevant work of dismantling illegal buildings. Article 4 This Municipality shall establish and improve the inspection system for the discovery of illegal buildings.

The implementation department and the institutions responsible for urban management inspections in districts and counties shall, in accordance with the prescribed division of responsibilities, take measures to strengthen daily inspections, find illegal buildings in time and investigate and deal with them according to law. Neighborhood offices and town people's governments shall organize forces to carry out inspections, and timely discover and stop the acts of building illegal buildings.

Property service enterprises should discourage and stop illegal construction in their property management areas; Discourage and stop ineffective, it shall promptly report to the local district and county housing management departments. Fifth city urban and rural construction management departments should set up a unified illegal building reporting telephone number in this city, and announce it to the public.

Any unit or individual who finds illegal buildings can report to the unified telephone number or the implementation department of illegal demolition. The department that accepts the report shall keep the informant confidential.

After receiving the report, the municipal urban and rural construction management department shall immediately inform the district and county demolition implementation department.

The implementation department of demolition and violation shall report the investigation and punishment of illegal buildings to the informant within one month. Article 6 The departments responsible for demolishing illegal buildings in districts and counties shall record and investigate the illegal buildings within their respective jurisdictions, which shall be summarized by the departments designated by the district and county people's governments and incorporated into the information system established by the municipal urban and rural construction management department as the basis for the management of illegal buildings. Article 7 After discovering illegal buildings and receiving relevant reports or reports from property service companies, the department responsible for demolishing buildings shall go to the site for investigation and evidence collection within 24 hours, and the department under construction shall go to the site for investigation and evidence collection within 2 hours. Illegal buildings that do not fall within the scope of responsibilities of this department shall be immediately handed over to relevant departments for handling. Article 8 After investigating and collecting evidence of illegal buildings according to relevant laws and regulations, the demolition implementation department shall make a decision to order the demolition within a time limit, and use a unified notice in advance to inform the parties of the relevant facts, reasons and basis, as well as the right to state and defend.

If the parties make statements and arguments within the time limit specified in the prior announcement, the demolition implementation department shall listen to their opinions and make a record. The implementing department shall examine the facts, reasons and evidence put forward by the parties within twenty days. If the facts and reasons put forward by the parties are established, the implementation department shall adopt them; If the implementation department refuses to adopt the illegal opinions of demolition, it shall explain the reasons. Article 9 If the parties fail to make statements or arguments within the prescribed time limit, or the facts and reasons put forward by the parties cannot be established, the demolition implementation department shall make a written decision to order the demolition within a time limit. Tenth demolition implementation departments shall, in accordance with the law, serve the parties with a notice in advance and a decision to order the demolition within a time limit. If it is difficult for the parties to determine or serve, the form of notice may be adopted. The notice period shall be no less than ten days from the date of announcement. Eleventh parties shall dismantle illegal buildings within the time limit stipulated in the decision to order the demolition within a time limit. If it is indeed difficult for the parties to dismantle themselves, the executive department may dismantle them on their behalf.

If the party concerned fails to demolish the illegal building within the time limit, the demolition implementation department shall report to the municipal, district or county people's government, and the municipal, district or county people's government shall instruct the demolition implementation department and other relevant departments to forcibly demolish it, and may also impose a fine according to law.

If the municipal, district or county people's governments instruct the relevant departments to forcibly demolish illegal buildings, they shall make an announcement seven days before the compulsory demolition. Article 12 For illegal buildings under construction, the demolition implementation department shall order the parties concerned to stop construction on the spot, and after investigation and evidence collection according to relevant laws and regulations, order the parties concerned to stop construction in writing and dismantle them themselves, and may take measures such as temporarily detaining construction tools and materials; If the parties refuse to stop the construction or refuse to dismantle it, the department in charge of dismantling shall immediately and forcibly dismantle it according to law, and may impose a fine according to law.