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Violation of the Town and Country Planning Law
This kind of building is illegal, and you can report it to the local planning department, or report it to the chengguan.
According to Article 40 of the Urban and Rural Planning Law, 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 of the town determined by the 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. For those who meet the regulatory detailed planning and planning conditions, the urban and rural planning departments of the city and county or the town people of the provinces, autonomous regions and municipalities directly under the Central Government shall issue construction project planning permits.
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In order to meet the civilized city in our community, more than 40o privately built houses were demolished, and the environment of the community was restored, but looking back, it damaged so many materials and manpower, who caused it, I think it was the law enforcement department that did not do it, which caused this big loss. The demolition of private buildings should be forcibly grasped from the beginning, and should not bring economic and energy losses to families like our community.
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It may violate the Town and Country Planning Law
Article 64 of the Urban and Rural Planning Law has not obtained a construction project planning permit or has not been constructed 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.
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In the event of a fire, fire trucks will not be able to drive into the fence.
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Just call the city management to complain directly. If the chengguan does not care, they can go to court to sue the chengguan for inaction, or directly sue the neighbor for demolition.
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My home is in Boshan District, in 2017, the city management demolished the storage room I built outside the building, his grandmother's, fortunately, this year is not so tight, so I rebuilt the large storage room. Hahaha.
I hope to see the friends should build the garage cover, the storage room cover bar is fine. That neurotic wind has blown over, please rest assured.
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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.
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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.
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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.
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Summary. Hello, legal analysis: who is in charge of the private construction in the community:
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. It is a common social problem that illegal construction in residential communities infringes on the public interests of the community. For some property owners who build illegal buildings without permission, the property management company or the owners whose rights have been infringed shall take the initiative to protect their rights.
For the illegal construction in the community, it can be reported to the owners' meeting and the owners' committee, and they will order the perpetrator to demolish the facilities built privately; It can also be reported to the property that it will be handled by the property, and the property service enterprise can report to the relevant administrative and law enforcement departments to intervene. If the act of building without permission infringes upon the interests of other owners and causes losses to other owners, the other damaged owners may file a lawsuit with the court to demand compensation from the perpetrators.
Hello, legal analysis: who is in charge of private construction in the community: property management, the property should be required to manage, if the property refuses to perform its duties, you can go to the relevant departments of the housing authority to complain to the property company.
It is a common social problem that illegal construction in residential communities infringes on the public interests of the community. The property management company or the owner whose own rights have been infringed shall take the initiative to protect the rights of the property management company or the owner whose own rights have been infringed upon the owner's unauthorized erection of illegal buildings. The air escort can report to the general meeting of owners and the main committee of Yechang Lu through the general meeting of the owners, and they will order the perpetrator to demolish the facilities built privately; It can also be reported to the property that it will be handled by the property, and the property service enterprise can report to the relevant administrative and law enforcement departments to intervene.
If the act of building without permission infringes upon the interests of other owners and causes losses to other owners, the other damaged owners may file a lawsuit with the court to demand compensation from the perpetrators.
Legal basis: Article 942 of the Civil Code provides that the property service provider shall properly repair, maintain and clean the socks in accordance with the agreement and the nature of the use of the property; Greening and operation and management of the owners in the property service area share the buried part, maintain the basic order in the property service area, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property management service provider shall promptly take reasonable measures to stop it, report it to the relevant administrative department and assist in handling it.
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Legal Analysis: Illegal construction violates the "Urban and Rural Rolling Finger Planning Law of the People's Republic of China".
Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 40 Where buildings, structures, roads, pipelines and other projects are constructed in urban or town planning areas, 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. Silver segments.
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If the community is built indiscriminately, it can be reported to the relevant departments and asked for rectification. According to the laws of our country, where the construction of buildings, structures, roads, pipelines and other projects is carried out in the planning area of a city or town, the construction unit or individual shall apply to the relevant department for a planning permit for the construction project.
Article 942 of the Civil Code of the People's Republic of China The property service provider shall, in accordance with the agreement and the nature of the use of the property, properly repair, maintain, clean, afforest, operate and manage the common parts of the property owners in the property service area, maintain the basic order in the property service area of Zhipeng, and take reasonable measures to protect the personal and property safety of the owners. For violations of laws and regulations related to public security, environmental protection, fire protection and other laws and regulations in the property management service area, the property management service provider shall promptly take reasonable measures to stop it, report to the relevant administrative department in charge and assist in handling it.
If the property management company threatens the owner with water and power outages, the owner can go to the relevant water supply company and power supply company to report the situation, or go to the real estate administrative department at or above the county level to complain. They also have the right to file a lawsuit with the people's court in accordance with the law for property losses directly caused by water and power outages. >>>More
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 >>>More