Regarding illegal construction, is it illegal to violate the law

First, you need to understand what a building violation is.

Illegal construction refers to houses built in violation of the mandatory provisions of national laws, regulations and rules. There is no unified definition in the country, and there are clear regulations in each locality (it depends on your local regulations in Shanghai). Generally, it refers to the construction of buildings in the urban planning area without obtaining the construction project planning permit or in violation of the provisions of the construction project planning permit, which seriously affects the urban planning.

Illegal buildings mainly include: (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 to build a building; (3) Buildings built without authorization that have changed the nature of use; (4) Unauthorized construction of temporary buildings into permanent buildings.

Illegal construction, in a strict sense, refers to the construction of houses and facilities in violation of the provisions of the Land Management Law, the Urban Planning Law, the Regulations on the Construction and Management of Villages and Market Towns and other relevant laws and regulations.

I helped you find it

If it is the above illegal building, you can indeed find the relevant competent department to solve the demolition matter.

Second, when you asked, you said, "It has caused damage to my daily life", I don't know if it is the building that has caused damage to your life and makes you think it is illegal? If so, they can report to the relevant departments so that they can rectify the situation so that it does not affect the lives of citizens. I don't know what you think, but I personally think this one is a little more feasible.

There are also the relevant departments mentioned above, you are not afraid of trouble to think of the court, then it is recommended that you call your local evening newspaper to report, even if they can't log out, they will give you a clear way that suits you

I wish you a safe and healthy life!

Troublesome things, if the impact on you is not too great, forget it, don't sue or anything, if you have an interest in your family, it is recommended that litigation or reporting and other means are good, otherwise just report! So as not to engage in tension in the relationship with the couple!

Well, if you go to court and follow the normal procedure, there will be no problem. If it is found that there is a phenomenon such as money trading or kicking ball, it is proposed to solve it through an independent ** agency with great influence.

The first question is a local lawyer in Shanghai!

Second question. You can go to the chengguan!

You can file a complaint with the Town Planning Bureau.

Legal analysis: According to the laws of our country, illegal construction is illegal.

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.

Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a township or village planning area, or construction is not carried out in accordance with the provisions of the rural construction planning permit, the people of the township or township shall order the construction to be stopped and to make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

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 buildings have damaged the credibility of the city, destroyed the city's style, 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 application or without approval, without obtaining a planning permit for construction land and a planning permit for construction projects; Unauthorized alteration of the building built in accordance with the provisions of the planning permit for the construction project; Buildings built without authorization that have changed the nature of use; Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings beyond the validity period; 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 by the township people, and approved by the county-level people.

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 order the cracker group to make corrections within a time limit.

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

Legal basis: Urban and Rural Planning Law of the People's Republic of China

Article 64 Where a construction project planning permit has not been obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the competent department of urban and rural planning of the local people's government 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 10/100 of the construction project cost may be imposed concurrently.

Article 65 Where a rural construction planning permit has not been obtained in accordance with the law in a township or village planning area, or construction is not carried out in accordance with the provisions of the rural construction planning permit, the people of the township or township shall order the construction to be stopped and to make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.

Article 66 If a construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the city or county where it is located shall order it to be demolished within a time limit, and may be fined less than one time the cost of the temporary construction project: (1) Temporary construction without approval; (2) Failure to carry out temporary construction in accordance with the approved content; (3) Temporary buildings and structures are demolished beyond the approved time limit.

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 basisArticle 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.