Regulations of Nanning Municipality on the Investigation and Punishment of Illegal Construction

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Urban and Rural Planning Law of People's Republic of China (PRC) and the Administrative Compulsory Law of the People's Republic of China and in light of the actual situation of this Municipality in order to strengthen the management of urban and rural planning and to stop and investigate illegal construction. Article 2 These Regulations shall apply to the investigation and punishment 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 that should be obtained in accordance with the law without obtaining the construction project planning permit, rural construction planning permit and temporary construction planning permit, and the construction that is not carried out in accordance with the provisions of the planning permit.

Whether the buildings (structures) built before the implementation of these regulations belong to illegal construction shall be identified and handled in accordance with the laws and regulations in force at the time of construction; If it is necessary to remove it by force according to law, it shall be implemented in accordance with the provisions of these regulations. Article 4 The principles of territorial management, graded responsibility, coordination and linkage, and accountability according to law shall be followed in investigating and handling illegal construction. Article 5 The municipal and urban people's governments shall strengthen the organization, leadership, supervision and inspection of investigating and handling illegal construction work.

Urban management comprehensive law enforcement organs, planning administrative departments and township (town) people's governments (hereinafter referred to as investigation organs) shall be responsible for the specific investigation and punishment of illegal construction in accordance with the relevant provisions of laws, regulations and the power of relatively centralized administrative punishment. Sixth illegal buildings (structures) are not protected by law, and no compensation will be given when land acquisition, demolition and house expropriation are investigated and dealt with according to law. Chapter II Coordination and Linkage Article 7 The municipal and urban people's governments shall establish a coordination and linkage mechanism to investigate and deal with illegal construction, and coordinate and solve the following matters:

(a) to study and deploy measures to investigate and deal with illegal construction;

(two) to guide and coordinate the forced demolition of illegal buildings;

(three) to supervise and coordinate the construction of information sharing platform, and investigate and deal with illegal construction;

(four) to coordinate the handling of objections to the jurisdiction of illegal construction cases and solve difficult problems in the investigation of illegal construction;

(five) to study and deal with the illegal construction matters supervised and investigated by the higher authorities;

(six) coordinate and solve other matters of illegal construction investigation.

Comprehensive law enforcement organs of urban management shall make uniform law enforcement documents and standardize law enforcement procedures. For the illegal construction found, it is necessary to urge the local investigation authorities to investigate and deal with it immediately, and regularly inform the supervisory organs of the situation. Article 8 The relevant departments and units of the municipal and urban people's governments shall immediately notify the investigating authorities when they find illegal construction, and assist in investigating illegal construction in accordance with the following provisions:

(a) to provide information and materials needed to investigate and deal with illegal construction and construction of information sharing platforms; According to the requirements of the investigation organ, be present to cooperate with the investigation.

(two) the construction administrative department shall not issue a construction permit to a construction project that has not obtained a planning permit; For illegal buildings (structures), the completion and acceptance of construction projects will not be put on record.

(three) development and reform, agriculture, forestry and other related management departments. In the examination and approval of special support funds for agricultural construction projects, the planning procedures for the application projects shall be reviewed, and the allocation of support funds shall not be approved without legal procedures.

(four) the real estate administrative department shall not handle the initial registration of house ownership for illegal buildings; If it has been handled, it shall be cancelled or changed.

(5) The public security organ is responsible for promptly stopping the acts of preventing law enforcement personnel from entering the illegal construction site to perform official duties by violence, threats or other means, and taking administrative compulsory measures against those who incite, organize and participate in violent resistance to the law, and punishing them according to law; Cases or clues of suspected crimes, such as illegal construction, criminal injury and so on, transferred by the investigation organ shall be filed according to law.

(six) the departments of industry and commerce, food and drug supervision and other departments shall check the legal procedures of the production and business premises before making the relevant administrative license. Without legal procedures, the relevant licenses will not be issued.

(seven) the supervisory organ shall be responsible for supervising the relevant units to perform their duties of investigating and assisting in the investigation of illegal construction, and investigate and deal with violations of laws and regulations in the investigation of illegal construction in accordance with relevant regulations. Ninth city management and supervision institutions found that the project under construction is not set up according to the provisions of the planning publicity board, or found illegal construction, it should immediately notify the investigation authorities.

Village (neighborhood) committees, agricultural and forestry fields (horticultural fields) fields (teams) departments, property service enterprises and other units find that the projects under construction are not set up in accordance with the regulations, or that illegal construction is found, they shall immediately report to the investigation authorities. Chapter III Supervision and Disposal Article 10 No unit or individual may use illegal buildings (structures) as production and business premises. Eleventh no unit or individual may provide water and electricity connection to illegal buildings.

Public service units such as water supply, power supply and pipeline gas (hereinafter referred to as public service units) shall, before providing services to users, check the house ownership certificate or planning verification certificate with the relevant administrative departments. The project under construction shall examine the planning permit. No real estate license, planning verification certificate, planning permit, shall not provide services. Twelfth construction projects should check the planning permit of the project. No construction is allowed without a planning permit. Thirteenth investigation organs, town people's governments, sub-district offices and other units in the urban built-up area should decompose the daily inspection responsibilities, implement grid monitoring management, and timely discover and stop illegal construction.