What are the 33 types of minor violations?

1. What is illegal construction?

Illegal construction refers to the construction of buildings and structures without obtaining a construction project planning permit or in accordance with the provisions of the construction project planning permit.

2. What are the types of illegal construction?

1. No application or application has not been approved;

2. Buildings built without obtaining construction land planning permits and construction project planning permits;

3. Buildings that have not been built in accordance with the approved scope and nature of use although the planning permit for construction projects has been obtained;

4. Unauthorized construction of temporary buildings into permanent buildings.

3. Are all unlicensed houses illegal?

In fact, not all unlicensed houses are illegally built, and the time you mentioned to build a house is indeed a more critical point.

We also all know that before the promulgation of the "Urban and Rural Planning Law of the People's Republic of China" in 2008, rural houses were very free in approval and construction.

Fourth, these types of unlicensed houses are legal.

1. Houses that comply with local housing construction policies.

2. The ancestral home that has been passed down from generation to generation in the family.

3. The countryside in the last century.

Houses built on homesteads before the year.

If the demolition party does not compensate for illegal construction, then it must be unreasonable and illegal, then we must know how to use legal knowledge to defend rights.

Each is also a crime, which means that building a house for one's own benefit in a place where it should not be built should be considered a petty offense.

Legal analysis: At present, the definition of illegal construction can be defined as buildings and structures that have not been approved by the competent department of planning and land, have not obtained (or not followed) the construction project planning permit or the temporary construction project planning permit (rural construction planning permit), and have expired temporary buildings. According to national law, no compensation for demolition of illegal buildings will be awarded.

[Legal basis].Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land and its relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and shall deal with the construction in violation of urban and rural planning in accordance with the law. Before the people at the municipal and county levels make a decision on housing expropriation, they shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law.

Compensation shall be given to those identified as legal buildings and temporary structures that have not exceeded the approved period; No compensation shall be given to those identified as illegal constructions and temporary constructions that exceed the approved period.

Legal Analysis: In the urban planning area, the construction of new buildings, expansion and renovation of buildings occupied by occupying land without obtaining a construction project planning permit or in violation of the provisions of the construction project planning permit, or by fraudulent means to obtain approval.

Illegal construction mainly includes:

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 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.

Legal analysis: Illegal construction refers to buildings and structures built by citizens or legal persons without authorization in violation of laws and policies, usually manifested as unauthorized construction of sheds, stalls, simple buildings, etc. In the urban planning area, if the construction land approval document is obtained without obtaining the construction land planning permit and the land is occupied, the approval document is invalid, and the occupied land shall be ordered to be returned by the people at or above the county level.

Legal and implicit basis: Article 39 of the Urban Planning Law of the People's Republic of China In the urban planning area, if the construction land approval document or land occupation is obtained without obtaining the planning permit for the construction of the canopy and the land, the approval document is invalid, and the occupied land shall be ordered to be returned by the people at or above the county level.

Legal Analysis: Buildings built without applying or obtaining 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; After the construction of temporary buildings, the number of mausoleum buildings that have not been demolished to become permanent buildings after the expiration date of the construction of temporary buildings; A building that was built by falsifying relevant documents to obtain a permit from the competent authority.

Legal basis: Urban and Rural Planning Law of the People's Republic of China Article 40 Paragraph 1 In the urban and town planning area of buildings, structures, roads, pipelines and other engineering construction, 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 to determine the town people's first application for a construction project planning permit. In the township or village planning area for the construction of township enterprises, rural public facilities and public welfare undertakings, the construction unit or individual shall apply to the township or town people, and the township and town people shall report to the urban and rural planning departments of the city and county for issuance of rural construction planning permits.

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

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

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; Corrective measures can still be taken to eliminate the impact on the implementation of the plan, corrected within a time limit, and imposed a fine of not less than 5% but not more than 10% of the construction project cost; 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 township or township 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.

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 or structures are not demolished beyond the approved time limit.

Illegal buildings are divided into two kinds, one is the illegal building with the land use right certificate, that is, the capital construction is carried out on the land resources that reasonably and legally obtain the land use right certificate, but the construction capital construction of the project has not obtained or exceeded the relevant audit of the capital construction and the overall planning unit, and the other is the illegal building without the land use right certificate, because there is a land use right certificate, it is not considered to be the audit and handling procedures after the fact, and this kind of illegal building that takes the calendar usually encounters free demolition[Laws and Regulations].Adverse effects.

1. Buildings that have not been applied for or have not been approved for application, and have not yet obtained land construction permits and engineering construction permits.

2. Those who have obtained a permit for the construction of the project, or who have obtained the permit for the construction of the project, but have carried out the project in accordance with the permitted scope.

3. Newly created, reconstructed and renovated buildings and buildings shall be implemented after the scope of relocation and collection is clarified.

4. Newly created, constructed, or reconstructed buildings and buildings that occupy state-owned land and illegally occupy collective land in rural areas.

5. Sheds, houses, etc., built on land resources such as corridors, roads, urban green spaces, and pedestrian crossings without permission.

6. A building that is completed by fraudulently obtaining a permit from the competent authority based on counterfeit relevant raw materials. Illegal houses that can not be demolished.

What are the illegal buildings that must not be demolished?

1) Affecting the safety of the main structure of buildings and structures;

2) the existing technical conditions can not be dismantled;

3) After demolition, it may cause significant damage to the public interest;

4) If the illegal building becomes a legal building through correction or supplementary procedures, the building involved shall not be demolished.

[The law is based on hail].

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

Article 68.

After the competent department of urban and rural planning makes a decision to order the construction to be stopped or demolished within a time limit, if the parties do not stop the construction or do not demolish it within the time limit, the local people at or above the county level where the construction project is located may instruct the relevant departments to take measures such as sealing the construction site and forcing demolition and wanton search.