Is it illegal to forcibly demolish the canopy, and is the canopy illegally built

As to whether the forced demolition is illegal, the first thing to see is what kind of construction is being demolished and whether the forced demolition process is legal. But now some people are not aware of the law and do not know which behaviors are illegal, such as whether the forced demolition of the canopy is illegal? Many people may think that building a canopy on their own ground is not a big deal, but if the canopy is built with safety hazards or illegal occupation of land, or if it has a great impact on others, the canopy may be considered illegal.

If the relevant law enforcement officers use the enforcement document issued by the court to forcibly demolish the illegal canopy, then this act is a legal act. However, if there is no relevant court document, and the canopy is forcibly demolished, it is an illegal forced demolition, and the parties can apply to the court for litigation to protect their legitimate rights and interests. No matter what we are facing, only by acting within the scope permitted by the law can we have legal benefits, otherwise it will be an illegal act and will face severe punishment by the law.

1.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.

2.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 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.

3.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.

Legal basisAccording to Article 64 of the Urban and Rural Planning Law of the People's Republic of China

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;

This issue should be analyzed on a case-by-case basis, and it is not possible to generalize. In some small cities, owners are allowed to install canopies, and no matter who demolishes the owners' canopies, it is illegal. In some large cities, it is forbidden for owners to install canopies, if there are individual owners who install canopies without permission, the local ** department forcibly dismantles or orders them to dismantle, of course, it is not illegal.

Legal analysis: canopies are not illegal construction.

Legal basis: Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land The people's ** at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and the construction in violation of urban and rural planning shall be dealt with 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.

If the canopy is located in the fire escape and is lower, there is a hidden danger and must be removed; If it is located in a building facing the street, it will affect the image of the city and it is also an illegal building.

Building Code Violations

Illegal construction refers to the construction of houses and facilities outside the planning area without obtaining the planning permit for the proposed project (the original site and site selection opinion), and the construction of houses and facilities in violation of the provisions of 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 relevant laws and regulations.

Illegal buildings have the characteristics of encroaching on safe passages and illegally occupying cultivated land, affecting urban public space, damaging the ecological environment, etc., and many illegal buildings are still hidden in legal buildings. Illegal buildings damage the credibility of the city, destroy the urban landscape, restrict the healthy development of the city and the implementation of urban and rural planning, and also affect the future development of the city.

The state stipulates that not only the illegal building shall be demolished, but the party involved in the illegal construction shall also bear all the costs incurred in demolishing the illegal building.

On May 27, 2020, the Ministry of Natural Resources recently issued the "Notice on Strengthening the Supervision and Management of Land and Spatial Planning", which requires standardized planning preparation and approval, strict management of planning permits, implementation of full-cycle management of planning, and "zero tolerance" for new illegal construction.

Introduction to illegal construction. Buildings refer to buildings and structures with various use values produced by various materials, and are houses or other places fixed on the land in which people can live or produce activities, such as residences, office buildings, factories, warehouses, etc.

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.

The above content reference

This needs to be regarded according to the location and height of the canopy, if the canopy is located in the fire escape and is lower, there is a hidden danger and must be removed; If it is located in a building facing the street, it will affect the image of the city and it is also an illegal building.

It can not affect the life of others, such as lighting, ventilation, sight, and clothes, and the canopy cannot be built on both sides of the structure, but can only be installed on one side of the structure, not counting the construction area. It cannot affect the overall requirements of the community, and when it is reported, the urban management will come forward.

Canopy construction note:

1. The sliding canopy is used in low-rise buildings or outdoor tents, and it is not suitable for use in high-rise buildings.

2. In the selection of sliding canopy materials, from the material thickness, specifications, size, style, etc., are strictly controlled.

3. The sliding canopy is suitable for shading the doors and windows of low-rise and multi-storey buildings, but it is not suitable for shading high-rise buildings.

Forced demolition must meet the following four statutory conditions:

1. Do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit.

If the expropriated person applies for administrative reconsideration or initiates an administrative lawsuit within the statutory time limit, the legal consequences are: first, the people of the city or county who made the decision to expropriate the house cannot apply to the court for compulsory demolition; Second, the people's courts cannot enforce it. In practice, some city and county people do not abide by the law and apply to the court for compulsory enforcement in violation of the law, but the court cannot enter the compulsory enforcement procedure in accordance with the law and carry out compulsory demolition.

2. Compulsory demolition is premised on a compensation decision.

If there is no compensation decision, no unit can take compulsory demolition. In practice, there are two main situations in which compulsory demolition and relocation can be carried out: first, a compensation agreement has been signed and the person is not relocated; Second, a compensation decision was made, and neither relocated nor applied for administrative reconsideration or filed a lawsuit in accordance with regulations.

3. The expropriated person must be given monetary compensation, property right exchange house and swing house.

Failure to provide materials such as the amount of monetary compensation, the special account storage account, the location and area of the property right exchange house and the swing house cannot be forcibly demolished.

4. Where any of the following circumstances exist in the expropriation and compensation decision, the people's court shall rule not to approve enforcement:

1) manifestly lack of factual basis;

2) Obvious lack of legal and regulatory basis;

3) Clearly does not comply with the principle of fair compensation, seriously harms the lawful rights and interests of the person subject to enforcement, or makes the basic living conditions, production and operation conditions of the person subject to enforcement unsafe;

4) Clearly violating administrative purposes and seriously harming the public interest;

5) Serious violation of legal procedures or due process;

6) Exceeding the scope of authority;

7) Other circumstances that are not suitable for compulsory enforcement as provided for by laws, regulations, rules, etc.

If the canopy is built without support, is not enclosed or partially enclosed, it is not considered an illegal building. However, if the construction site is on the fire escape and the height is about one meter, it is considered an illegal building, and the canopy built in this way has certain safety hazards and will be demolished.

The specific illegal buildings mainly include:

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.

If the canopy you build meets the above requirements, it is illegal.

If the canopy you build meets the above requirements, it is illegal.

Question: Because we are self-built houses, we built them on our own roofs.

The question was originally a two-and-a-half-story self-built house, about twenty or thirty centimeters higher than the original two-and-a-half-story house.

It belongs to the rural self-built house.

At present, self-built houses in rural areas also need to be approved.

Question: Yes, but it was built about a year and a half to two years ago.

Yes, but it was built about a year and a half to two years ago.

It wasn't so strict at the time.

It took a year and a half, nearly two years, before the chengguan said about the problem.

Without the consent of the owner of public real estate and the permission of the planning and management department, partially enclosed buildings and structures erected on the terrace are illegal constructions and shall be handled by the housing management department; The closed buildings and structures built on the sundeck are illegal buildings, and shall be transferred to the planning and management department for handling after verification by the housing management department.

The chengguan only investigates temporary illegal buildings

You try to find a housing management office

If it is a combustible canopy, you can find a fire complaint, which reduces the fire safety distance between buildings.

Of course, as long as there is no land use certificate and real estate certificate, even if there is no land use certificate! Occupying public land is illegal construction.

Because it should be considered an illegal building, the upstairs violates your neighboring rights.

Legal analysis: illegal canopy is built in violation of the law or relevant administrative regulations, in the process of urban management, for the orderly progress of urban planning and related matters will be forced to demolish some illegal buildings, but the forced demolition will affect people's lives. The legal basis is the Urban Planning Law of the People's Republic of China.

Legal basis: Article 40 of the Urban Planning Law of the People's Republic of China In the urban planning area, the construction project planning permit has not been obtained or the construction project planning permit is carried out in violation of the provisions of the construction project planning permit, which seriously affects the urban planning, the local people's urban planning administrative department at or above the county level shall order the construction to be stopped, and the illegal buildings, structures or other facilities shall be demolished or confiscated within a time limit; If it affects urban planning and can still take corrective measures, the local people's ** urban planning administrative department at or above the county level shall order it to make corrections within a time limit and impose a fine.

As long as the canopy is not grounded without supports, closed or partially closed, it is not considered an illegal construction.

Legal basis: Article 76 of the Land Management Law of the People's Republic of China without approval or fraudulent means to obtain approval, illegal occupation of land, by the people's ** land administrative departments at or above the county level shall order the return of illegally occupied land, in violation of the overall land use plan to change agricultural land to construction land without authorization, demolition of newly built buildings and other facilities on illegally occupied land within a time limit, restore the original state of the land, in line with the overall land use plan, confiscation of newly constructed buildings and other facilities on illegally occupied land may be accompanied by a fine; The directly responsible managers and other directly responsible personnel of the units that illegally occupy land shall be given administrative sanctions in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law.