Why is the phenomenon of illegal housing construction in urban and rural areas so serious?

Snail dwelling is a familiar word, although it comes from the TV series "Snail Dwelling", it is the most realistic portrayal of many people in the city.

Compared with the crowded housing in the city, the phenomenon of snail dwelling is almost non-existent in urban and rural areas; Many families have a very large living area despite their small population.

As the state's management of land becomes more and more standardized and rigorous, more and more cases of illegal construction have been reported. In my personal opinion, the reason why there will be serious illegal construction in urban and rural areas is mainly because of the following two reasons:

1. There is no corresponding management norm for a long time, the land in the city has been very strictly controlled, and it is strictly forbidden for anyone to occupy the land without permission, or on the existing buildings, there are over-scale illegal buildings. This is all because there is a saying that "every inch of land is valuable" in the city.

Compared with the management in the city, many rural areas have a situation of vast land and sparse population. In this case, when building a house, it can be further expanded on the basis of the original area, so that the area of the house is larger and larger.

And in many cases, some fertile farmland will be used for the construction of buildings, which will increase the number of illegal buildings.

For these illegal buildings, there are no relevant management regulations at the time of early construction, so they are "reasonable" to be completed.

Second, the lack of a sound regulatory mechanism in the construction of houses in rural areas, in many cases, there is no strict land occupation standards, and in the process of construction, there is also a lack of corresponding regulatory mechanisms.

After the illegal building was completed, no one intervened in such a thing. In addition, the farmers are getting richer and richer, and in such a situation, more and more illegal buildings are being built.

With the improvement of the country's land use system, it is now also dealing with such illegal construction; Moreover, the current homestead is no longer approved; I think that slowly these illegal buildings will also have a corresponding management mechanism.

Due to the extensive management of urban and rural areas and the lack of supervision of residential land, almost every household has renovated their houses, and due to the expansion of urban development, urban and rural land is favored by capital, and it will be beneficial to obtain more compensation through illegal construction and addition.

In places like urban and rural areas, supervision is not strong enough. People's awareness of the law is also relatively weak. So.

There are more illegal houses. But with the process of urbanization, it will also govern this area. After all, illegal buildings are still illegal buildings.

It should be dealt with in accordance with existing laws and regulations.

Because there are no special personnel to take care of this matter, and there are no prescribed standards for those who build houses, the phenomenon of illegal building is very serious.

Because there is no one to manage the urban and rural areas or the management is not good, so the urban and rural areas are generally extended outward when they are newly built, and these illegal houses have become less and less in recent years.

Because no one manages or is not strict, and there is always gossip in some places that it is going to be demolished, the high compensation fee induces many people to take risks and violate the construction; Or to build an extra room to rent out and make money.

First of all, the relevant supervision and management departments in urban and rural areas are not strict enough. Second, the urban and rural masses lack understanding of the division of land use. Third, out of an urgent need for economic development.

The supervision is not strong enough! Because urban and rural areas are a place that is easy to ignore, no one will pay attention to it! So it's a place for some people to take advantage of loopholes!

Now people's pursuit is getting higher and higher, more and more buildings, whether they are scenic spots or housing, but no one dares to guarantee the quality of these buildings, so let's take a look at what is the harm of illegal buildings?

Hazards of illegal construction.

The first point: illegal buildings are a waste of land resources in the first place, because if the building is illegal and unqualified, there is no way to completely demolish it in the short term, which is a great waste of land resources, because some of these buildings occupy the most basic farmland, or some land that originally needs to build other things, which causes a waste of resources and damages the interests of the people. Unnecessary losses to the country.

Hazards of illegal construction.

The second point: hindering the demolition and relocation, now with the rapid development of people's lives. Many places will face this demolition, but the emergence of illegal buildings has given a big problem, because these illegal buildings will destroy the overall planning, and the houses that will be demolished will be demolished with a wrong message, so that the first can not grasp the scale, can not give a reasonable budget, and also brings relatively large losses to the country.

Hazards of illegal construction.

The third point: illegal construction increases the insecurity factor. The appearance of illegal buildings is often the developer to ask some unprofessional people to build it casually, without serious planning and construction, so after some time of use, it will become a hazardous house, an unsafe house, there will be an accident at any time, bringing harm to people, and living is not at ease.

If an accident happens, the chances of people escaping are also very small, because the quality of illegal buildings is not good, and people will be killed at any time. Moreover, if it is on the side of the road, illegal buildings will obstruct people's traffic sight and cause traffic accidents, which are the hazards of illegal buildings.

The above is an explanation of the harm of illegal buildings, when we choose a house or building, we must look more carefully, do not live in such an illegal building place. In addition to the above, there are many harms, such as affecting social stability, because if a large number of illegal buildings appear, especially for profit, they will inevitably occupy a large area of farmland, affect the appearance of the village, and so on. These are the hazards of illegal buildings, of course, this still needs the state to vigorously sanction, do not let these situations continue to happen, illegal buildings to bring you not only these, but also a lot, the harm is not only to the masses of the people but also to the country has a great impact, affecting the development of society, affecting the economic conditions of the whole country, so the state still needs to vigorously sanction the occurrence of these situations.

There are several ways to deal with it in the Town and Country Planning Law:

1. Dismantle and restore the original cap;

2. Supplementary procedures;

3. Confiscation of illegal income (if there is no illegal income, the entire illegal building will be confiscated);

4. A fine of 10% of the cost shall be imposed.

The above penalties may be applied in parallel.

If you demolish the building by yourself, or go through the legal formalities again, and the circumstances are serious, you may be fined, and it is recommended to consult a lawyer team if you have a dispute.

Beijing Guanling Law Firm adheres to the case handling concept of "seeking win-win through litigation - winning the lawsuit in court, seeking win-win situation in court", and provides high-quality and efficient legal services for parties with the trend of scale, specialization, branding and internationalization. Successfully handled a large number of administrative disputes, demolition disputes, company legal disputes, real estate disputes, contract disputes, tort disputes, criminal disputes and other cases, won the enterprises and institutions, social organizations, the people's wide acclaim and lasting trust, if you encounter legal problems, welcome to consult us.

Legal Analysis: Illegal construction of houses in rural areas refers to houses built in rural areas without obtaining planning permits for proposed projects.

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

Article 64 If the construction project planning permit is not obtained or the 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% of the construction project cost may be imposed concurrently.

Article 68 After the competent department of urban and rural planning makes a decision to order the cessation of construction or demolition 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 compulsory demolition.

Legal Analysis: The following buildings are within the scope of illegal buildings:

1. Closed or partially closed buildings and structures erected on the platform;

2. Closed or partially closed buildings and structures erected in the patio.

3. Buildings with roofs and roofs;

4. Buildings and structures in the courtyards of garden houses and apartments;

5. Buildings and structures built in Fang, Li Lane, Xincun and other areas that are attached to the outer wall of the house;

6. Temporary buildings and structures for the construction of unoccupied roads that have not been demolished.

7. Roads (including sidewalks) and in neighborhoods, alleys, and new village passages;

8. It is built with the gap between buildings or the suspension outside the protruding building;

9. The building or structure exceeds the load of the load-bearing structure of the original building;

10. Constructed on government and public facilities (including underground pipelines);

11. It has obstructed or may obstruct public safety and traffic.

To sum up, it is commonly said that the construction houses without formal legal procedures belong to the category of illegal buildings.

The solution is very simple, go to the relevant departments for approval, that is, to get the formal legal procedures of the relevant departments, and the problem is solved after the review is passed. or demolition of illegal buildings. There are only these two options, and there is no third way to solve it.

Legal basis: Constitution of the People's Republic of China Article 53 Citizens of the People's Republic of China must abide by the Constitution and laws, keep state secrets, protect public property, abide by labor discipline, abide by public order, and respect social morality.

There is no unified definition of house demolition and illegal construction, which is stipulated by the local government. Generally refers to the following:

1. Failure to approve temporary construction; Failure to carry out temporary construction in accordance with the approval; Failure to dismantle within the time limit;

2. Buildings that have not been approved for respect; or obtain a permit, but do not carry out the construction as approved.

3. Self-built or self-renovated houses, including: buildings rebuilt without authorization; or alter factories, residences and other buildings without authorization;

4. Other construction and omission in violation of laws and regulations.