What is considered an illegal house? What is considered an illegal house?

It is mainly a building and structure that has been 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.

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Houses built two years ago First of all, the Land Management Law was approved in 1986 and officially implemented in 1987.

According to the relevant provisions of Article 62 of the Land Management Law, the residential land of rural villagers shall be reviewed by the township people and approved by the people at the county level.

In order to promote economic development, many places have set up relevant investment promotion bureaus to attract investment, and agreed to build factories on the land first, and then go through the procedures.

The land use rights and above-ground buildings bought out from ** through bidding and auction **The remaining land use rights of township enterprises.

Houses that violate the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Administration of Villages and Market Towns and other laws and regulations are considered illegal buildings.

Illegal construction, also known as illegal construction, refers to buildings built without the approval of the competent department of planning and natural resources, without obtaining a construction project planning permit or land use approval procedures.

Illegal buildings mainly include: unauthorized alteration of urban or rural planning and construction of buildings; Buildings constructed in excess of the approved limits; non-agricultural buildings built on agricultural land; Temporary structures that have not been demolished within the time limit, etc.

In other words, illegal construction mainly violates the Town and Country Planning Law and the Land Management Law. In addition, there are illegal buildings that violate other laws.

How to dispose of illegal buildings.

1. For non-agricultural buildings that occupy agricultural land and cultivated land, the competent land department at or above the county level shall inform the land department to order the return of the illegally occupied land, and if it is constructed in violation of the overall land use plan, it shall be demolished within a time limit; If it is in line with the overall land use plan, the illegal building will be confiscated and the illegal builder may be fined.

2. For buildings that have not obtained the construction project planning permit or have not been constructed in accordance with the provisions of the construction project planning permit, the urban and rural planning department at or above the county level, the urban management law enforcement department or the township ** and sub-district offices (new entities after 2019 in some areas) shall order the construction to be stopped, demolished within a time limit, or confiscated or fined.

3. Buildings that have not gone through land use procedures or planning permits due to historical, policy, or social reasons cannot be easily identified as illegal buildings.

Summary. Hello dear, happy to answer for you! Illegal construction of commercial housing refers to the behavior of unauthorized or beyond the approved construction scope, construction scale, construction height, construction density and other aspects in the construction process of the building.

The illegal construction of commercial housing includes the following situations:1Construction without approval:

It refers to the construction activities carried out beyond the approved construction scope when the construction permit has been obtained. 3.Exceeding the approved construction scale:

It refers to the construction activities carried out beyond the approved construction scale when the construction permit has been obtained. 4.Exceeding the approved construction height:

It refers to the construction activities carried out beyond the approved construction height when the construction permit has been obtained. 5.Exceeding the approved construction density:

It refers to the construction activities carried out beyond the approved construction density when the construction permit has been obtained. <>

Hello dear, happy to answer for you! Illegal construction of commercial housing refers to the behavior of unauthorized or beyond the approved construction scope, construction scale, construction height, construction density and other aspects in the construction process of the building. The illegal construction of commercial housing includes the following situations:

2.Exceeding the approved construction scope: Refers to the construction activities carried out beyond the approved construction scope when the construction permit has been obtained.

3.Exceeding the approved construction scale: It refers to the construction activities carried out beyond the approved construction scale when the construction permit has been obtained.

4.Exceeding the approved construction height: Refers to the construction activities carried out beyond the approved construction height under the condition that the construction permit has been obtained.

5.Exceeding the approved construction density: refers to the construction activities carried out in excess of the approved construction density when the construction permit has been obtained.

Legal basis: According to Article 52 of the Regulations on the Administration of Urban Housing Construction, the construction of houses or other buildings in the urban planning area without approval is an illegal construction. In urban planning areas, only buildings that have been legally planned, designed, approved and accepted can be recognized as legal buildings.

If a house or building is built without going through the corresponding planning, design, approval, and acceptance procedures, it is an illegal construction. If a house or building does not obtain the corresponding construction project planning permit, construction permit, completion acceptance certificate and other relevant documents, or fails to follow the planning, design, approval and acceptance procedures during the construction process, it may be determined to be illegal construction. A house or building that violates the relevant construction standards and codes during construction may also be found to be unbuilt.

Illegal buildings refer to buildings built in violation of administrative rules and regulations other than laws and administrative regulations, such as buildings without any approvals or certificates. In the field of demolition and requisition, the main types of illegal buildings are:

1. Failure to obtain a construction project planning permit or failure to construct in accordance with the approved scope and content despite obtaining a construction project planning permit;

2. Self-built houses, that is, self-built buildings around existing houses, courtyards, roofs, and balconies;

3. Newly constructed, constructed or expanded buildings or structures on collective land, including contracted land and homesteads, without approval, and the collective land use rights are obtained through private transfer by farmers;

4. Occupying state-owned land and illegally occupying collective land in rural areas to build, construct or expand buildings and structures;

5. Occupying fixed pavilions and houses built in aisles, roadsides, public green spaces, aisles, sidewalks, etc. without approval;

6. Buildings and structures that are newly built, expanded, or reconstructed after the scope of demolition and relocation is determined.

Is there any compensation for the demolition of illegal houses?

Under normal circumstances, the demolition of illegal buildings does not require compensation, but in some cases, the demolished person can receive relevant compensation.

1. If it is an illegal building that has obtained the right to use the land, the demolition party shall be appropriately compensated if the demolition causes damage to the land use right in the process of demolition and relocation. 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 transfer period has not yet expired, the demolition party shall also compensate the demolished party for the loss of land use income caused by the demolished person. If the land use right is obtained by way of allocation, the demolition party may not compensate the illegal builders who use the land.

2. The property in the illegal building can exist independently of the illegal building, and is the legal property of the illegal builder and shall be protected in accordance with the law. In the process of demolition and relocation, the demolition party should pay attention to reminding the person being demolished to relocate and protect his personal property, and if the demolition party does not impose any protective measures on the property in the illegal building, causing losses to the property of the person being demolished, the person being demolished may request corresponding compensation.

3. Although the demolition compensation cannot be obtained under the general circumstances of illegal construction, the demolition compensation can be applied, and the demolition party shall compensate for the loss of the loss of the history and the loss of the house in accordance with the law when the demolition procedures and means are illegal and the legitimate rights and interests of the demolished person and the tenant of the house are infringed in the process of demolition. If the interests of the person being demolished are harmed, a demand for compensation for losses may be submitted.

1. For the illegal construction of the house is judged to be no application or the application has not passed without approval, the construction of their own related projects on the land that does not belong to them is an illegal construction, in this case, the relevant departments need to notify it to be demolished immediately, if it is not demolished, then it will be seized or forced to demolish the phenomenon, and in serious cases, fines will be imposed, if it is a little worse, it is likely to bear the relevant legal responsibility.

2. In the case of the closure without permission, the form and structure of their buildings have been changed without authorization, which is also illegal, and if this situation occurs, then it is necessary to issue a notice to order it to rectify, if the rectification time exceeds a certain period of time, then it is very likely that a fine will be imposed for this behavior.

3. If the temporary construction of related projects on land that does not belong to you without permission and approval, it is also an illegal construction, and it needs to be demolished immediately in this situation, and if it is not demolished within the specified time, you may pay some legal responsibilities and may pay some fines.

4. By forging relevant information, the construction permit was obtained by fraud from the competent department, and the construction project was completed in the later stage, and the relevant information was found to be forged, in this case, the relevant departments will not pass, this situation is relatively bad, and it needs to be demolished immediately, and the construction project is likely to bear criminal responsibility if the construction project is not immediately demolished.

What types of buildings are illegal?

1. Failure to apply for a planning permit for building land.

If the building does not apply for a building land planning permit before construction, or does not obtain the approval of the Ministry of Housing and Urban-Rural Development and other relevant departments after the application, this kind of building is illegally constructed, and it must not only be demolished, but also pay some fines.

2. Failure to obtain a construction project planning permit.

If the building has not obtained the relevant building land planning permit, it is illegally constructed, and the urban planning administrative department will impose certain penalties in accordance with the provisions of the relevant laws and regulations.

3. Unauthorized change of relevant regulations.

There are strict regulations on the area, scope, and positioning of the building in the construction project planning permit, and if the building exceeds the scope during construction, it is an illegal building.

4. Changing the nature of use without authorization.

The nature of the use of buildings cannot be changed, homesteads must not occupy agricultural land, and buildings built on residential land cannot be used for commercial activities.

5. The validity period of the temporary building is exceeded after construction.

Many people take advantage of the loopholes of the law to use some temporary buildings as permanent buildings, and after the buildings have reached the expiration date, they still do not demolish them, which is also illegal construction.

6. Falsifying information and fraudulently obtaining licenses.

For those who cannot pass the building qualification certificate through legitimate means, after fraudulently obtaining a permit from the competent authority by forging some relevant materials, the completed building is illegal, and needs to be ordered to be demolished, and the corresponding responsibility should be borne.

Illegal houses refer to houses that have not obtained a construction project planning permit or have not been constructed in accordance with the provisions of the construction project planning permit. The solution is as follows: the parties go through the relevant formalities to make it a legal building; where it is not possible to complete the formalities, it shall be corrected within a set period of time and a fine 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.

1. How to identify illegal buildings.

The details of the identification of illegal buildings are as follows:

1. The builder has not obtained the land use right, so he cannot obtain the building permit;

2. It is the construction of illegal buildings on the land on which the land has obtained the right to use the land, that is, although there is the right to use the land within the scope of the building to construct houses and other buildings, but the construction of illegal buildings without obtaining a building permit.

Illegal construction is dealt with as follows:

1. Fines, if corrective measures can be taken to eliminate the impact on the implementation of the plan for the illegal buildings built by the parties involved in the illegal construction, a fine of between 5% and 10% of the construction project cost shall be imposed;

2. Demolition within a time limit.

2. Will illegal houses in rural areas be forcibly demolished?

Illegal buildings in rural areas can be forcibly demolished if they are not demolished within a time limit.

Paragraph 4 of Article 41 of the Urban and Rural Planning Law stipulates that a construction unit or individual can only go through the approval procedures for land use after obtaining a rural construction planning permit.

Article 65 stipulates that if a rural construction planning permit is not obtained in accordance with the law in the 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 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.

Article 68 stipulates that 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 party does not stop the construction or does 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 compulsory demolition.

3. Provisions of the Urban and Rural Planning Law on the demolition of illegal buildings.

According to the relevant laws, there is a difference between urban and rural areas in the handling of illegal buildings, that is, cities are ordered to stop construction, make corrections within a time limit, impose a fine of not less than 5 percent but not more than 10 percent of the construction project cost, and demolish within a time limit. In rural areas, there are only three means: ordering construction to be stopped, making corrections within a time limit, and demolishing them.

Article 64 of the Town and Country Planning Law.

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.