Which department does the illegal sun room on the top floor belong to?

The construction of a sun room on the top floor without approval is an illegal building, and the urban construction planning department shall be demolished within a time limit and fined in accordance with the relevant provisions of the Urban and Rural Planning Law and the Construction Law.

The parties may complain to the urban construction management department.

Complaint **12319.

Normally, it should be within the scope of the responsibilities of the chengguan, but it can be jointly enforced by other units.

The work being done now is that the urban management department and the housing management, construction, planning and other departments work together to participate in the whole process from the developer's project approval to the housing acceptance, and put forward rectification suggestions for the part that may bury the problem.

The top floor has been legally exclusive to you through the purchase contract.

The construction of the sun room on the top floor only builds independent columns, herringbone roof trusses, and covers with lighting boards, and the walls can not be built in four directions, only for rain, snow, summer drying, drying clothes, and being used, it can not be regarded as an illegal building.

If the owner builds walls in four directions, installs doors, windows, ceilings, etc., and lives in normal rooms, then it is considered an illegal building and must be demolished in accordance with laws and regulations.

Legal analysis: Generally to see whether the sun room is built in violation of regulations, the first thing to see is whether the occupied terrace is shared by the owner, if it is shared by the owner, whether it is built or not, it is an illegal construction; If the terrace is privately owned by the owner, then it also depends on whether there is a clause in the relevant agreement prohibiting the construction of a "sunroom", and if there is a relevant clause, then the owner is not allowed to build it; If the terrace is privately owned by the owner and there is no relevant clause prohibiting the construction, then if the owner wants to build a "sun room", it must also be built on the premise of not affecting the lighting and use of others.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 45 The competent departments of urban and rural planning of local people's governments at or above the county level shall verify whether the construction project meets the planning conditions in accordance with the provisions of the law. Without verification or verification does not meet the planning conditions, the construction unit shall not organize the completion acceptance.

The construction unit shall, within six months after the completion and acceptance, submit the relevant completion acceptance materials to the competent department of urban and rural planning.

Whether the rooftop sun room is considered an illegal building depends on the situation

1. If the relevant procedures have been completed and the approval has been passed, the construction of the roof sun room in this case is not an illegal construction;

2. If the relevant procedures have not been handled, the roof sun room is an illegal building.

What are the circumstances of illegal construction?

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 basisArticle 44 of the Administrative Coercion Law of the People's Republic of China.

Where illegal buildings, structures, facilities, and so forth need to be compulsorily demolished, the administrative organ shall make a public announcement, and the parties concerned shall demolish them within a set period of time. Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.

Article 42.

In the implementation of administrative compulsory enforcement, the administrative organ may reach an enforcement agreement with the parties without harming the public interest or the lawful rights and interests of others. The enforcement agreement may stipulate phased performance; Where the parties take remedial measures, the additional fines or late fees may be waived.

The enforcement agreement shall be performed. Where the parties do not perform on the enforcement agreement, the administrative organ shall resume compulsory enforcement.

The roof sun room does not necessarily belong to illegal construction, if the relevant procedures have been completed, and also through the approval, in this case, the construction of the sun room is not an illegal construction, otherwise it is an illegal construction. Illegal construction refers to buildings and structures built without the approval of the competent department of planning and land, without obtaining a planning permit for construction projects or a planning permit for temporary construction projects. 1. If the top floor is the owner's house, the developer has included the top floor area into the owner's property right area, but the terms prohibit the construction of a sun room, and building it without permission is an illegal building; 2. If the top floor does not belong to the individual owner, but belongs to all the owners, no matter what house is built, it is considered a violation and needs to be demolished according to law.

Urban and Rural Planning Law of the People's Republic of China 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 be ordered to stop the construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

Precautions for building a sun room without permission.

The precautions for building a sun room without permission are as follows: 1. The roof space belongs to all the owners of the whole building, not only the top floor owners, but the top floor owners cannot live for themselves, unless they are agreed by all the owners of the whole building and the property service company. 2. The developer shall not agree to give the exclusive right to use the roof to individual property buyers (generally the top buyers) at the time of sale, and if agreed, the content of the agreement is invalid.

All properties in the property management area are shared by all owners, so the developer does not have the right to give the exclusive right of use of the roof to individual property buyers. 3. Only all owners of the entire building have the right to decide on the use of the roof space. If someone occupies the roof space without permission and infringes on the rights and interests of other owners, the owners can unite to find a professional lawyer to file a lawsuit with the court.

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Sun rooms are more common in modern buildings, especially around villas or on the roofs of residential areas, where sun rooms are often designed. Many owners who have purchased a rooftop house, in order to make use of the terrace, will build a sun room on it, so as to obtain a leisure area, roof garden, etc., so is it an illegal building to build a sun room on the top floor of the community? Let's take a look with Qeeka Home experts.

1. Is it an illegal building to build a sun room on the top floor of the community?

It is not necessarily illegal, if there are relevant planning procedures, the sun room under its approval is not an illegal construction, otherwise it is an illegal construction. Because illegal construction is an illegal act, once it is discovered, it can be reported to the relevant departments and ordered to be demolished in time.

Second, what to pay attention to when building a sun room.

1. Pay attention to the drainage system.

The drainage system of the sun room is very critical, if it is not well designed, it is very likely that there is a certain threat to the safety of the sun room, if the drainage system is not set up, the pool area is too large, it is easy to spill when it rains, and it will produce building safety hazards for a long time.

2. Pay attention to humidity and temperature.

I believe that everyone has a certain idea about the layout of the sun room, most people want to put a lot of plants in it, at this time it is necessary to take into account the temperature and humidity, because many plants have strict requirements in terms of climate, in view of the construction of the sun room, you can choose the natural plant family that likes humidity and heat.

3. Pay attention to the lockers.

Lockers should also be designed in the sun room, and the lockers must be kept dry, and the surrounding areas are not suitable for placing too many plants, otherwise it is easy to get wet when watering, and at the same time, it is also necessary to do a good job of moisture-proof treatment, and you can choose waterproof materials to make lockers.

Summary: The above is an introduction to whether building a sun room on the top floor of the community is an illegal building, and what to pay attention to when building a sun room, I hope the content shared can give you some reference, if you want to know more about relevant knowledge, you can **** Qijia Network Zhaoye News.

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It depends on the specific regulations and policies. Generally speaking, if there is no provision in the planning and construction plan of the community prohibiting the construction of a sunroom, and the sunroom built by the suspect meets the relevant building codes and safety requirements, then Zaobumo is not considered an illegal building. However, if the planning and construction plan of the community clearly prohibits the construction of a sunroom, or if the sunroom violates the relevant building codes and safety requirements, then the stool is considered an illegal building.

It is recommended to consult the relevant departments or property management companies before building a sun room to avoid violations.

Legal analysis: building a sun room on the top floor without approval is an illegal building, and the urban construction planning department shall demolish it within a time limit and impose a fine on the perpetrator in accordance with the relevant provisions of the "Urban and Rural Planning Law" and the "Construction Law".

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 38 In the urban and town planning area to provide State-owned land use rights by way of transfer, before the transfer of State-owned land use rights, the urban and county people's ** urban and rural planning departments shall, in accordance with the control of detailed planning, put forward the location, nature of use, development intensity and other planning conditions of the land transfer, as an integral part of the contract for the transfer of State-owned land use rights. For plots that have not determined the planning conditions, the right to use state-owned land shall not be transferred.

For construction projects that obtain state-owned land use rights by way of transfer, the construction unit shall obtain a construction land planning permit from the urban and rural planning department of the city and county people's ** after obtaining the approval, approval, and filing documents of the construction project and signing the contract for the transfer of state-owned land use rights.

The competent departments of urban and rural planning of the people's governments of cities and counties shall not change the planning conditions as part of the contract for the transfer of state-owned land use rights in the planning permit for construction land without authorization.

How to get the top floor is not an illegal building, it depends on the specific situation.

If it is co-owned by the owner, regardless of whether the house is built or not, it is an illegal construction; If the rooftop terrace is privately owned by the owner, then it also depends on whether there is a clause in the relevant treaty prohibiting the construction of a sun room, and if there is a relevant clause, then the owner is not allowed to build it; If the rooftop terrace is privately owned by the owner and there is no relevant clause prohibiting dust and bad transportation, then if the owner wants to build a sun room, it should also be built without affecting the lighting and use of others.

Illegal construction mainly includes:

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;

2) Unauthorized alteration of the construction project planning permit provisions of the completed building;

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 expiration date of temporary construction.