How to check whether it is illegal and how to check whether the house is illegal

Check whether the house has any building land approval documents (such as land certificates) and legal procedures for building the house.

According to Article 40 of the Urban and Rural Planning Law of the People's Republic of China, if 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 people of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

To apply for a construction project planning permit, the relevant supporting documents for the use of land, construction engineering design plans and other materials shall be submitted. For construction projects that require the construction unit to prepare a detailed construction plan, a detailed construction plan shall also be submitted.

The urban and rural planning departments of the people's governments of cities and counties or the people of towns and towns determined by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the law, publish the general plans of the detailed construction plans and construction engineering design plans that have been approved.

It mainly depends on whether there is a certificate of approval for building land or the scope of land use of the place.

The local housing management department for residential or commercial use will have a record.

Self-built projects that have not been approved by any administrative department are illegal constructions unless the ownership of the land for the project is owned by individuals. is unprotected.

For example, in rural areas, the small second floor can be built by themselves on the premise that it does not conflict with the national administrative policy, because the farmers have the right to use the land.

However, in the city, there are urban construction plans for each administrative area, and if you build a house in a certain area (although you use it daily for your own but do not have any administrative licensing procedures or certificates), it is illegal to build a house.

For details, please check the local housing management department (residential buildings).

The house I bought, the previous owner extended the balcony of his home, is it considered illegal?

The Urban and Rural Planning Law of the People's Republic of China came into force on 1 January 2008.

1. Identification of illegal buildings in violation of planning.

The so-called "illegal construction" literally refers to buildings, structures and other engineering facilities built in violation of legal provisions; "Illegal construction in violation of planning" refers to buildings, structures and other engineering facilities built in violation of laws and regulations on planning and management.

Article 40 of the Urban and Rural Planning Law of the People's Republic of China stipulates that "where 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". Here, we need to pay special attention to the word "should". "Should" indicates that the provisions here are mandatory provisions of the law, that is, the conditions that must be met, and failure to meet this condition is illegal.

From this, we can conclude that in the urban and town planning areas to carry out engineering construction, whether it is a unit or an individual, must apply for a "construction project planning permit", otherwise, the construction behavior is an illegal construction behavior, and the construction facilities are illegal construction.

2. Handling of illegal buildings in violation of planning.

According to Article 64 of the Urban and Rural Planning Law, there are three main ways to deal with illegal buildings: fines, demolition within a time limit and confiscation.

a) Fines. For the illegal construction of the illegal construction party can take corrective measures to eliminate the impact on the implementation of the plan, the construction project cost of 5% to 10% of the fine.

2) Demolition within a time limit.

Where the illegal building built by the party involved in the illegal construction is unable to take corrective measures to eliminate the impact on the implementation of the plan, it shall be demolished within a set period of time. It is necessary to correctly apply the penalty method of demolition within a time limit.

c) Confiscation. The substantive and procedural elements of the penalty method of "confiscation" are basically the same as those of compulsory demolition. The difference is that after the necessary conditions for compulsory demolition are met, the administrative penalty of confiscation can only be applied when the illegal building cannot be demolished.

Confiscation and fines "may" be imposed concurrently. The "may" here is called a selective provision in law, also known as a flexible provision, which means that you can choose or not choose, depending on the actual situation of the administrative punishment case.

1. There is no unified definition of which belongs to illegal construction in the country, and there are clear regulations in various localities. 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. There are different situations of illegal buildings according to the degree of their "violations".

On the surface, in terms of whether the builder has the right to use the land, the illegal building 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 they have obtained the right to use the land, that is, although they have the right to use the land within the scope of the building to build houses and other buildings, they are built without obtaining a building permit, mainly including: 1. Buildings built without applying or applying for approval, and without obtaining a planning permit for construction land and a planning permit for construction projects.

For example, you can build your own warehouse in a common space between residential buildings. 2. Buildings built without authorization by changing the provisions of the planning permit for construction projects.

For example, a hotel was originally designed to have 40 floors, but the developer decided to make it 45 floors. 3. Buildings built without authorization that have changed the nature of use.

For example, a hospital applies to build a 7-storey inpatient department, but it will be a 7-storey building for employees' families. 4. Setting up temporary buildings as permanent buildings without authorization.

For example, the property company said that it had built a house for the workers to repair the house, but later converted it into a small supermarket. 2. Whether compensation can be obtained when illegal buildings are demolishedOn the issue of compensation for illegal building demolition, a distinction should be made between the building and the materials used in the building, the legal land use rights within the building and the scope of the building, the building and the property in the building, the demolition compensation and the demolition subsidy, the demolition compensation and the demolition compensation, etc.

First of all, in the compensation for demolition, it is necessary to pay attention to distinguishing between illegal buildings and materials used in construction. According to Article 22 of China's Regulations on the Administration of Urban Housing Demolition, "no compensation shall be given for the demolition of illegal buildings and temporary buildings beyond the approved period; Appropriate compensation shall be given for the demolition of temporary structures that have not exceeded the approved time limit.

Therefore, in the process of demolition, the demolition party will not compensate for the demolition of the illegal building. However, it cannot be assumed that the demolition of the materials used in the demolition of the illegal building does not require compensation from the demolition person. In fact, the materials used in some illegal buildings can exist in terms of value, and the illegal builders have legal property rights to the materials used in the illegal construction.

Second, in the compensation for demolition and relocation, attention should be paid to distinguishing between illegal buildings and land use rights within the scope of construction. If the illegal building has a legal land use right, even if the illegal building itself is not compensated for the demolition of the illegal building itself, the property interests of the land use right on the illegal construction owner must be considered. If the land use right is obtained by way of allocation, the demolition party may not compensate the illegal builders who use the land; However, if the land use right is obtained by way of transfer, and the illegal builder has paid the land transfer fee in full, but the term of the transfer has not expired, the demolition party shall pay attention to the land use income caused by the demolition of the illegal building to the illegal builder.

Hello, happy with your question. Your question is how to tell if the attic is illegally built. As long as the original house did not have an attic, and now you have added an attic by yourself, beyond the original building structure design, it is an illegal building, and it will be demolished.

Questions. This is the developer selling the attic in disguise.

I wonder if this attic is considered an illegal building.

I wonder if this attic is considered an illegal building.

Don't listen to the salesperson's foolishness, if you do what they say, let them make it clear in the sales contract that the customer can build a simple house on the 7th floor. Otherwise, there is no basis, because the money to buy a house is not the same.

Because it is not a salesperson who manages the house in the future, it is a property company, so there must be clear terms and conditions in the contract.

You ask them to show you the construction drawings, if the drawings are designed like this, it will not be an illegal building, if there is no design on the drawings, it is an illegal building by the developer himself. You can also ask your local Construction Authority Construction Section if their drawings are designed this way, because the Construction Authority manages construction projects.

Questions. The building has been completed, there are 10 days to deliver, the physical building has 8 floors is an attic, the developer sells it when the jump, the elevator to the 7th floor, there is no elevator on the 8th floor, the 8th floor is a fire door, and the 7th floor is not built on the 8th floor of the stairs, leaving a big hole on the top.

In this case, it should be possible to buy, it should not be regarded as an illegal building, and this staircase from 7 floors to the duplex is to be installed by yourself.

Questions. It's not an illegal building, why don't you write the construction area of the 8th floor, and write that the 7th floor is a square meter, which is not in line with the entity.

The point is that they didn't know what the purpose of the 8-story building was, so they couldn't just add the floor area to the 7-storey.

Hello! According to your description, it can be judged by the following two points:

1. According to the relevant provisions of the Urban and Rural Planning Law, individuals apply to the local Housing and Urban-Rural Development Bureau, obtain the Rural Construction Planning Permit issued by the Housing and Urban-Rural Development Bureau, and then go through the land use approval procedures. If a villager obtains a village construction planning permit and other relevant formalities in accordance with the law, and builds a house in accordance with the approved scope and nature of use, the house is generally not illegally built.

2. For houses without relevant documents due to historical reasons, the identification of illegal buildings needs to be analyzed in combination with the actual situation. For example, in 1987, when the Land Management Law was officially implemented, there were no relevant laws and regulations on the construction of rural houses before 87 years, and they could not be recognized as illegal construction. Or before the implementation of the Urban and Rural Planning Law in 2008, the construction of rural houses had legal land use rights, and the ** organ did not issue a penalty decision, it cannot be easily determined that the illegal construction was carried out.

I hope mine is helpful to you, and you can continue to ask me questions if you don't understand anything!

Do the math how much it will cost you to renovate your home

You can entrust a lawyer to investigate, or you can go to the local Housing and Urban-Rural Development Bureau to consult and investigate. Usually without the approval of the land department, the construction department of the unauthorized new construction, expansion of the project is sold as illegal construction, the only officially recognized method of identification is the rural "homestead use permit" and the urban "construction land planning permit", in the permitted area of the building is not an illegal building.

How to deal with illegal buildings.

1. Confirm the review procedures for illegal buildings.

The first step is to file a case.

Case filing is an act of law enforcement departments that decide to investigate and deal with them as an administrative case when they believe that there is a violation of the law and that they need to be investigated for legal responsibility after receiving complaints, reports and other materials.

The second step is the investigation procedure.

In the investigation, the following points shall be noted: 1. There shall be no less than 2 investigators; 2. Investigators should take the initiative to show law enforcement certificates, mainly to prove the investigators' law enforcement qualifications, and second, to prevent people without law enforcement qualifications from impersonating law enforcement personnel to carry out law enforcement activities; 3. Be cautious when questioning and signing the record, and when law enforcement officers ask for a signature, they must carefully check the content of the record. At the time of signing, each page of the transcript needs to be signed, and the date of signature should be written after signing.

The third step is to decide on the procedure.

1. Informing, hearing statements and defenses: Mainly to ensure the right to know, the right to make a statement, and the right to defend the penalized person. Before law enforcement personnel make a punishment decision, they will generally inform the penalized person in writing of the facts, reasons, and basis for the administrative punishment.

2. Hearing: Hearing refers to the fact that in the process of administrative punishment by the administrative organ, the administrative organ destroys the bureau, and before making a decision, the investigator who is not the investigator of the case presides over and hears the facts, evidence, and administrative punishment suggestions and legal basis of the party's violation.

The third step is the delivery and enforcement of the penalty decision.

If the law enforcement agency decides to impose a penalty, it will make and serve an Administrative Penalty Decision on the person being punished.

Enter the area and get the decoration for free**].

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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 construction of the project planning permit, or the use of deception 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.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 64 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.