Is it illegal to build a shed on the roof, and is it illegal to build a shed on the roof of a self b

Building a shed is an illegal construction, and there is only one situation where the roof area can be used normally, that is, according to the reasonable use needs, equipment such as solar water heaters can be installed on the roof, and this type is not illegal.

Legal analysis

The ownership of land is owned by the state or collective, and villagers, rural enterprises or urban residents and urban enterprises only have the right to use the land, and they need to comply with the corresponding construction approval procedures when building on the land, otherwise they may be identified as illegal construction by the relevant departments. Illegal construction refers to buildings and structures 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. According to the provisions of the Urban and Rural Planning Law, if 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 people of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

According to the relevant laws, no compensation will be given for the demolition of illegal buildings and temporary structures that have exceeded the approved period. Illegal construction refers to the construction outside the planning area without obtaining the planning permit for the proposed project, the original site, the site selection and construction opinion, and the violation of the relevant regulationsLaws and Regulations

the provisions of the commencement of construction of houses and facilities.

Legal basis

Property Management Regulations" Article 45 of the property management area in violation of the relevant public security, environmental protection, property decoration and use of laws and regulations, property service enterprises shall be stopped, and timely report to the relevant administrative departments. After receiving the report of the property service enterprise, the relevant administrative departments shall stop the illegal acts or deal with them in accordance with the law.

Urban and Rural Planning Law of the People's Republic of China Article 65 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 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.

Whether it is from the "Property Law" or the "Property Management Regulations", the roof area is a shared equipment and facilities site, and it is illegal for you to build a shed, and there is only one situation where the roof area can be used normally, that is, you install equipment such as solar water heaters on the roof according to reasonable use needs, and this type is not illegal.

There are potential safety hazards in building sheds, and once it collapses and injures innocent people, you need to bear the main responsibility, please think twice!

Property companies have no right to build, first of all, the property needs the consent of half of the owners to use the public area, in addition, building a shed is already an illegal act, absolutely not.

Legal analysis: If the corresponding building is built on the roof of the self-built, the permission of the town planning and management department shall be obtained, and the unauthorized construction without permission is an illegal building. However, as long as it does not affect the normal life of others, does not obstruct the management of urban appearance, and does not affect the unified planning of towns, responsibility is generally not pursued.

Illegal buildings mainly include: (1) Buildings built without applying or obtaining approval, and without obtaining a planning permit for construction land and a planning permit for construction projects. (2) Buildings built without authorization by changing the provisions of the planning permit for construction projects.

Legal basis: Article 75 of the Land Management Law of the People's Republic of China violates the provisions of this law by occupying cultivated land to build kilns or graves, or building houses, digging sand, quarrying, mining, taking soil on cultivated land without authorization, destroying planting conditions, or causing desertification or salinization of land due to land development, the competent departments of natural resources and agriculture and rural affairs of the people's governments at or above the county level shall order corrections or governance within a time limit in accordance with their duties, and may be fined concurrently; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal analysis: It is illegal to build an awning on the top floor. An awning on the top floor is not in the planning of the construction of the house.

The right to develop the space on the top floor of the building shall belong to all the owners, and the owner of the top floor of the building shall not have the right to construct any building. Setting up an awning on the top floor requires approval from the construction department. For those who have not applied or whose applications have not been approved, and have not obtained the planning permit for construction land and the planning permit for construction projects, they cannot change the building without authorization.

Legal basis: Article 64 of the Urban and Rural Planning Law of the People's Republic of China has not obtained a construction project planning permit or has not been constructed 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.

It is illegal to build a tin shed on the roof of one's own house. Article 64 of the Detailed Rules for the Implementation of the Urban and Rural Planning Law shall order the construction to stop 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. 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.

Illegal, without the approval of the urban planning department, the act of building privately and disorderly is illegal, and it must be demolished in accordance with the law. There are hazards in building a shed on the roof:

Affect the aesthetics of the house. In order to increase the construction area or usable area, it is illegal to build a shed on the roof or add a floor to expand. It affects the appearance of the city as a whole, and also affects the safety of the floor structure, which will have a bad impact.

Threatens the overall security of the building. Whether the roof is built with a shed or the roof is transformed into other use space, it will increase the load-bearing of the roof and the house with pai roll, the weight of the roof becomes larger, the foundation of the house is easily damaged, and the uneven sinking occurs over time, which is easy to crack the wall and even threatens the overall safety of the house.

Destruction of the waterproof structure on the roof. When the roof decoration is done with more than the waterproof layer, build a shed on the roof, or renovate it, the waterproof layer of the roof will be damaged, the waterproof layer is destroyed, in case of rain, there will be leakage problems downstairs, but the gains outweigh the losses.

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Many novices will wonder if the roof shed is illegal? So today, pchouse will give you the answer.

Roof erection is an illegal construction, only one situation can be used normally, that is, according to the reasonable use of the needs of the installation of a solar water heater on the roof, this is a legal and reasonable behavior.

Article 45 of the property management area violates the relevant safety, environmental protection, decoration, use and other laws and regulations, property service enterprises shall stop and report to the relevant administrative departments in a timely manner. After receiving a complaint from the owner, the property management department shall take measures in a timely manner to punish it.

Article 65 of the Urban and Rural Planning Law of the People's Republic of China: In the township or village planning area, without a rural construction planning permit in accordance with the law, or without approval for construction, the township or town people shall be ordered to stop construction and make corrections within a time limit; If it is not corrected within the time limit, it may be dismantled.