What is an illegal building and what is an illegal building

Violation usually refers to traffic violations (formerly known as traffic violations), that is, motor vehicles, non-motor vehicle drivers or pedestrians, violations of road traffic safety regulations, traffic management and traffic conditions. In addition, a violation can also refer to a violation of the rules and regulations.

The meaning of violation itself refers to: not complying with the provisions of the articles of association and violating the rules.

Legal basis: The Road Traffic Safety Law of the People's Republic of China is formulated 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.

Legal analysis: Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space, and damaging the ecological environment, and many illegal buildings are still hidden in legal buildings. Illegal construction has damaged the credibility of the city, destroyed the city's style, and restricted the healthy development of the city and the implementation of urban and rural planning, and also affected the future development of the city.

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:

Buildings built without applying or having been approved, and without obtaining a planning permit for construction land and a planning permit for construction projects;Unauthorized alteration of the provisions of the planning permit for the construction of the building to build a building;Buildings built without authorization that have changed the nature of use;Buildings that have not been demolished to become permanent buildings after the expiration date of temporary construction;A building that was built by falsifying relevant documents to obtain a permit from the competent authority.

Legal basis: "Land Management Law of the People's Republic of China" Article 62 The residential land of rural villagers shall be reviewed and approved by the people of the township and township, and approved by the people at the county level.

Urban and Rural Planning Law of the People's Republic of China Article 65 For those who have not obtained a rural construction planning permit in accordance with the law or have not carried out construction in accordance with the rural construction planning permit, the township people may be ordered to make corrections within a time limit.

Legal analysis: refers to the construction of buildings in violation of the mandatory provisions of relevant laws, regulations and rules, including buildings that have not been applied for or have been applied for but have not been approved, buildings built without obtaining construction land planning permits and engineering planning permits, buildings built without approval to change the provisions of the construction project planning permit or change the nature of use, and buildings that have become permanent buildings because temporary construction has not been demolished after the expiration date.

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

Article 1 This Law is enacted for the purpose of maintaining road traffic order, preventing and reducing traffic accidents, protecting personal safety, protecting the property safety and other lawful rights and interests of citizens, legal persons and other organizations, and improving traffic efficiency.

Article 2 Vehicle drivers, pedestrians, and passengers 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, give a punishment of early warning in accordance with the provisions.

Illegal construction refers to the construction in the urban planning area without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit; or occupying new construction, expansion or alteration of buildings by fraudulent means to obtain approval; Buildings built without authorization that have changed the nature of use;Buildings that have not been demolished to become permanent buildings after the expiration date of temporary construction;A building that was built by falsifying relevant documents to obtain a permit from the competent authority.

[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.

Article 65 of the Town and Country Planning Law.

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.

Illegal construction refers to the construction outside the planning area without obtaining the planning permit for the proposed project (original site, site selection and construction opinion), in violation of the "Land Management Law", "Urban and Rural Planning Law", "Regulations on the Management of Planning and Construction of Villages and Market Towns", etcLaws and Regulationsthe provisions of the commencement of construction of houses and facilities. Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space and damaging the ecological environment.

[Legal basis].Article 40 of the Town and Country Planning Law.

The construction of buildings, structures, roads, pipelines and other projects is carried out in the urban or town planning area; The construction unit or individual shall apply to the urban and rural planning department of the city or county or the town of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

According to the General Principles of the Civil Law of the People's Republic of China, the acquisition of property ownership must comply with the requirements expressly stipulated in the law, and illegal construction cannot be regarded as legal property and there is no right. It is not possible to ask for compensation from the factory.

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.

Illegal construction can be roughly divided into two types: first, the builder has not obtained the land use right, so he cannot obtain the building permit; The second is the construction of illegal buildings on the land on which the land has obtained the right to use the land, that is, the construction of buildings without obtaining a building permit, although they have the right to use the land within the scope of the building to construct houses and other buildings.