Who should be in charge of the illegal construction of residential communities and the encroachment

It is a common social problem that illegal construction in residential communities infringes on the public interests of the community. For the unauthorized construction of illegal buildings by some property owners, the property management company or the owners whose own rights have been infringed shall take the initiative to protect their rights, and if necessary, may file a lawsuit with the people's court to stop the infringement, restore the original state and compensate for the losses

1. Privately built sun rooms are illegal buildings.

1. First of all, it should be clarified whether the owner's exclusive terrace is the owner's exclusive part or the public part of the community. According to the second paragraph of Article 2 of the Interpretation of Differentiated Ownership of Buildings, in order for a balcony to become an integral part of the exclusive part, the following conditions must be met: it conforms to the plan, that is, it is a plan approved by the planning administrative department.

Physically exclusive to a specific house. There is an agreement in the sales contract. In addition, the terrace should generally be recognized as a public part of the community, and no owner shall build a building without permission.

2. Generally speaking, illegal buildings are violated in nature.

Houses and facilities built in accordance with the provisions of the Land Management Act, the Town Planning Act, and other relevant laws and regulations. The private construction of the sun room not only destroys the original state of the roof and the separation wall, changes the original design use, but also affects the overall view of the community and infringes on the interests of all owners, so the illegal building should be demolished immediately.

2. Unauthorized expansion of the balcony area needs to be restored to its original state.

1. Basis. Article 4 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Cases Involving Property Management Service Disputes stipulates that "if the owner violates the property management service contract or laws, regulations and management regulations by carrying out acts that obstruct property management services and management, and the property management service enterprise requests the owner to bear the corresponding civil liability such as restitution to the original state, cessation of infringement, removal of obstruction, etc., the people's court shall support it".

2. The act of occupying green space to expand the balcony area is not only a breach of contract in violation of the management regulations, but also an illegal act of building illegal buildings in violation of the provisions of relevant laws and regulations such as the Land Management Law and the Urban Planning Law. In this case, the PMC has the right to file a lawsuit on behalf of all the owners to require the illegal or breaching owners to demolish the illegal buildings, which is both the right and the obligation of the PMC.

3. Neighbors build illegally and illegally to demolish them.

1. According to the provisions of the Property Law, parties adjacent to immovable property shall correctly handle the adjacent relationship in accordance with laws, regulations and social morality, in the spirit of convenience of life, solidarity and mutual assistance, fairness and reasonableness.

2. According to the provisions of Article 83 of the Property Law, the owner may file a lawsuit with the people's court in accordance with the law for the infringement of his legitimate rights and interests, and the owner with an adjacent relationship or interest may file a lawsuit with the court on the grounds of harming his own interests in safe residence.

3. The act of building privately and indiscriminately clearly violates the provisions of the law on neighboring relations and infringes on the interests of neighbors. At this time, the interested adjacent owner has the right to sue the court to demand the immediate demolition of the illegal building in order to remove the nuisance and eliminate the potential harm.

The property should be required to be managed, and if the property refuses to perform its duties, it can go to the relevant department of the housing authority to complain to the property management company.

Complain to the Planning Bureau, and after verification, the Planning Bureau will report to the urban management for demolition and relocation. Oh.

The state does not have enough management level for illegal buildings, which is very simple. The court will take a film to collect evidence from the illegal building, and then hand it over to the real estate certificate management department, and the house is not allowed to be traded or inherited. There will be no haphazard construction.

It is controlled by the local urban construction department. If there are illegal buildings in the community, you can first respond to the property and they will negotiate with the illegal party. If the property communication is invalid, then it should be reported to the urban construction department, and the relevant personnel will order rectification, if the illegal party still does not demolish, then the urban construction department can be demolished according to law.

Illegal construction in residential areas, by the people's construction administrative departments at or above the county level shall order the demolition within a time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on the owners and property users, and a fine of not less than 5,000 yuan but not more than 50,000 yuan on decoration enterprises; If it is not demolished within the time limit, the people's construction administrative department at or above the county level may apply to the people's court for compulsory enforcement. Illegal construction of residential quarters shall be investigated and dealt with by the competent departments of urban and rural planning of local people's governments at or above the county level. Which department manages illegal construction in residential areas is as follows:

Property is the first line of management. One level further up is the comprehensive management office of the street, referred to as the comprehensive management office. One level further up is that the district urban management team generally has an illegal building office, referred to as the illegal building office.

Illegal construction refers to the construction of construction projects within the planning control area without the approval of the construction and planning administrative departments or in violation of the provisions on construction examination and approval, and the construction permits have not been obtained in accordance with the regulations. Illegal construction in residential areas, by the people's construction administrative departments at or above the county level shall order the demolition within a time limit, and impose a fine of not less than 1,000 yuan but not more than 5,000 yuan on the owners and property users, and a fine of not less than 5,000 yuan but not more than 50,000 yuan on decoration enterprises; If it is not demolished within the time limit, the people's construction administrative department at or above the county level may apply to the people's court for compulsory enforcement.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 9 All units and individuals shall abide by the urban and rural planning approved and published in accordance with the law, obey the planning management, and have the right to inquire with the competent department of urban and rural planning on whether the construction activities involving their interests meet the requirements of the plan.

Legal analysis: Illegal construction is managed by the local urban management, and you can call 12319 to accept ** to make a complaint or report to report the illegal construction. For the construction without obtaining the provisions of the construction project planning permit, the local people's competent department at or above the county level shall order the construction to stop, and shall pay a fine of less than 50% of the construction project cost.

Where corrective measures cannot be taken to eliminate the impact, it shall be demolished within a set period of time, and where it cannot be dismantled, the physical objects shall be confiscated.

Legal basis: "Land Management Law of the People's Republic of China" 76th without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's ** land administrative departments at or above the county level ordered to return the illegally occupied land, in violation of the overall land use plan to change agricultural land to construction land, demolition of new buildings and other facilities on the illegally occupied land within a time limit, restore the original state of the land, in line with the overall land use plan, confiscation of newly constructed buildings and other facilities on illegally occupied land may be accompanied by a fine; The directly responsible managers and other directly responsible personnel of the units that illegally occupy land shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.

If the property is built indiscriminately in the community, you can find the local housing and construction department to solve it. According to the relevant provisions, if the construction unit disposes of the ownership or right to use the common parts of the property and the common facilities and equipment belonging to the owner without authorization, the local people's ** real estate administrative department at or above the county level shall impose a fine of not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owner, they shall be liable for compensation in accordance with law. Without the consent of the owners' general meeting, the property service enterprise changes the use of property management houses without authorization, the local people's ** real estate administrative department at or above the county level shall order corrections within a time limit, give a warning, and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; If there is income, the income shall be used for the maintenance and maintenance of the common parts of the property and the common facilities and equipment in the property management area, and the remaining part shall be used in accordance with the decision of the general meeting of owners.

Legal basis. Article 57 of the "Property Management Regulations" in violation of the provisions of these Regulations, the construction unit disposes of the ownership or right to use the common parts of the property belonging to the owner without authorization, the ownership or use of the common facilities and equipment, the local people's ** real estate administrative departments at or above the county level shall be fined not less than 50,000 yuan but not more than 200,000 yuan; If losses are caused to the owner, they shall be liable for compensation in accordance with law.

Legal analysis: In the community, the private construction is managed by the property unit.

Legal basis: Regulations of the People's Republic of China on the Management of Property Banquets》 Article 20 The responsibility of property management is to protect the safety, health and order of the common parts, common facilities and equipment and public places, and green space in the community. Property management fees include security fees, which include the maintenance of public order.