How to determine whether it is an illegal building, what is an illegal building, and how to define i

At present, the only officially recognized identification method is the rural "homestead use certificate" and the urban "construction land planning permit", and the buildings within the permitted area are not illegal buildings.

At present, urban and urban construction is developing rapidly, and some of the newly built buildings that are within the scope of relocation and resettlement development and after the development plan is introduced will also be identified as illegal buildings in the name of "rush construction" and "arbitrage compensation".

New construction, reconstruction, and expansion projects without the approval of the land department and the construction department are all illegal construction. Including the sun room built without authorization in violation of the requirements of the housing transfer contract in the community, it is also an illegal construction.

Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other relevant laws and regulations.

Illegal construction refers to the construction of new buildings, expansion and reconstruction in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or using fraudulent means to obtain approval.

There is no uniform definition in the country, and there are clear regulations in each locality**. Generally, it refers to the construction of buildings that have not obtained the construction project planning permit or violated the relevant content of the construction project planning permit. Illegal construction mainly includes:

1. Buildings built without applying or applying for approval, and without obtaining a construction land planning permit and a construction project planning permit;

2. Buildings built without authorization to change the provisions of the construction project planning permit;

3. Buildings built without authorization that have changed the nature of use;

4. Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period;

5. Buildings built by forging relevant materials to obtain permits from competent authorities.

Legal analysis: From the perspective of the different degrees of violations, there are two types of illegal buildings: one is an illegal building with land use rights, that is, the construction is carried out on the land on which the land has legally obtained the right to use the land, but the construction has not obtained or exceeded the relevant approval of the construction and planning departments; The other is illegal buildings without land use rights, because there is no land use right, and there is no follow-up approval procedures, this type of illegal building will often face the legal consequences of being demolished without compensation.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 68 After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not dismantle within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and compulsory demolition. Nian clan.

Legal analysis: the identification of illegal buildings refers to the violation of laws and regulations, in the urban planning area has not obtained a construction project planning permit or in violation of the provisions of the engineering planning permit to build a smiling building, or to use deceptive means to obtain approval and new construction, expansion or reconstruction of the building, illegal building should be ordered by the people's ** land administrative departments at or above the county level to punish the punishment.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 1 In order to maintain road traffic order, prevent and reduce traffic accidents, protect personal safety, protect the property safety and other legitimate rights and interests of citizens, legal persons and other organizations, and improve traffic efficiency, this excavation law is formulated.

Article 2 Drivers, pedestrians, and passengers of vehicles within the territory of the People's Republic of China, as well as units and individuals related to road traffic activities, shall abide by this Law.

Article 3 Road traffic safety work shall follow the principles of management in accordance with law and convenience for the masses, and ensure the orderly, safe and smooth flow of road traffic.

Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

Illegal buildings that meet the following conditions:

First, the construction of buildings and structures in violation of the overall land use plan and the overall urban plan;

(2) obtaining land for the construction of buildings or structures without obtaining land use formalities or through illegal means;

(3) the construction of buildings and structures in the urban planning area without obtaining the project planning permission or without constructing the project planning permission content;

Fourth, illegal construction of buildings and structures on agricultural land;

Fifth, after the full implementation of the rural housing construction planning and construction application system (i.e., after January 1, 2017), the construction of buildings and structures on homesteads and collective construction land without approval or in accordance with the content of the rural construction planning permit;

Sixth, it does not conform to the situation of "one household and one house" in rural areas;

Seventh, the illegal construction of buildings and structures in ecological protection redline areas and within the control of highways and rivers;

Eighth, the construction of buildings and structures in violation of other relevant laws and regulations.

Illegal buildings are identified as: buildings occupying state-owned land, collective land, aisles, roadsides, public green spaces, aisles, and sidewalks; Buildings that are implemented after the scope of demolition and relocation has been determined; Buildings that have not obtained a planning permit for construction projects or have not been constructed in accordance with the approved scope and content; Buildings built without authorization by changing the nature of use or forging state-related materials to obtain permits.

[Legal Basis].Article 64 of the Town and Country Planning Law.

If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.

The definition of illegal construction refers to buildings that have not obtained a planning permit for construction projects or have not been constructed in accordance with the approved scope and content, which do not comply with the law. If the illegal building does not comply with the law, the competent department of urban and rural planning may make a decision to order the construction to be stopped or demolished within a time limit.

[Legal basis].Article 60 of the Town and Country Planning Law.

If the construction project planning permit has not been obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's ** urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed on the cracked core; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed on the land source.

Article 65.

If the rural construction planning permit is not obtained in accordance with the law in the township or village planning area or the construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people shall order the construction to be stopped and corrected within a time limit; If it is not corrected within the time limit, it may be dismantled.

The identification of illegal buildings refers to the violation of laws and regulations, in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the construction of the construction permit, or the use of deceptive means to obtain approval and new construction, expansion or reconstruction of the building, illegal building shall be ordered by the administrative department of the people at or above the county level.

[Legal basis].Article 64 of the Town and Country Planning Law.

If the construction project planning permit is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning permit, the local people's urban and rural planning department at or above the county level shall order the construction to be stopped; If corrective measures can still be taken to eliminate the impact on the implementation of the plan, the correction shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed; If it is not possible to take corrective measures to eliminate the impact, it shall be demolished within a time limit, and if it cannot be demolished, the physical object or illegal income shall be confiscated, and a fine of less than 10% of the construction project cost may be imposed concurrently.