Is a house built without going through any housing construction procedures an illegal building?

There are many houses built without going through any housing construction procedures, and there are generally no construction procedures in rural areas, especially the self-built houses in the past, so it is a very complicated problem to determine whether a house without construction procedures is illegally built, and it is also a problem that must be solved and dealt with by future policies.

So how do you determine this?

First of all, it is necessary to acknowledge the problems left over from history.

Many unlicensed self-built houses in rural areas are caused by problems left over from history, and there is the responsibility of the builder for illegal construction, and there is also the responsibility of the law enforcement department for failing to enforce the law and supervise. For example, one house per household.

Under the approval system, houses built before the introduction and implementation of the system are not required by law to apply, and there is no requirement for approval by relevant departments. In my rural hometown, it was not until 2018 that the approval policy of one household and one house began to be implemented, and all the rural self-built houses built before 2018 did not have approved the construction procedures.

Second, it is necessary to integrate it with the actual conditions in rural areas.

According to the actual situation in the rural areas, up to now, the system of examination and approval of applications for one house per household has not yet been implemented in some rural and remote areas; on the one hand, this is caused by the fact that rural land is not valuable, and on the other hand, it is caused by the failure of the relevant departments to abide by the law and the lax enforcement of the law. In addition, self-built houses in rural areas are not uniformly included in the real estate register.

So far, many rural homesteads have not been confirmed and registered, and there are still many old rural houses that used to have homestead land and collective land.

After a long time, many documents were lost, and some certificates were taken back by the village committee and said that they were replaced, but the old certificates were received and no new certificates were issued. Another example is the unlicensed self-built houses that rural people meet the requirements of one house per household, but have not applied for it, and have not obtained approval procedures. According to many actual conditions in rural areas, self-built houses without permits and procedures in rural areas cannot be simply determined to be illegal construction.

Third, it is necessary to follow policies and regulations.

Under the Land Administration Act, which was promulgated and implemented on 1 January 1999.

Article 62 stipulates that a rural household can only own one homestead, and that rural housing must be applied for in accordance with the law, and can only be legally built after obtaining the approval of the relevant departments.

However, in addition to the above-mentioned historical legacies and the actual situation in rural areas, when determining illegal construction in rural areas, this legal basis can only be used as a reference, or in the future, strict law enforcement, strict approval system for building applications, previously built unlicensed self-built houses, from the perspective of people's livelihood and social stability, do not build already built, that is, can not be demolished and can not be regarded as legal real estate, and finally can only take fines, taxation is relatively reasonable and socially acceptable to allow the legalization of the certificate.

That's my opinion.

1. Is it legal to build a house on construction land without formalities?

It is illegal to build a house without formalities on the construction land, it is an illegal building, and the local city and county people's ** urban and rural planning department will order it to be demolished within a time limit, and a fine of less than one time the cost of the temporary construction project may be imposed.

Town and Country Planning Law

Article 66 If the construction unit or individual has any of the following acts, the competent department of urban and rural planning of the local city or county 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. What are the procedures for building a house on construction land?

1. State-owned land use certificate.

2. Planning permit for construction land.

3. Construction project planning permit.

4. Construction permit for construction projects. Submit an application, conduct an on-site survey, and issue a construction permit for the construction project that meets the standards.

3. What materials need to be prepared for construction permits for construction land?

A) shall go through the approval procedures for land use in accordance with the law, has gone through the approval procedures for the land for construction projects.

2) For construction projects in urban and town planning areas, planning permits for construction projects have been obtained.

3) If the construction site has basically met the construction conditions and the housing needs to be expropriated, the progress shall meet the construction requirements.

4) The construction enterprise has been determined. If there is no bidding for the project that should be tendered in accordance with the regulations, there is no public bidding for the project that should be open for bidding, or the project is dismembered and contracted, and the project is contracted to an enterprise that does not have the corresponding qualifications, the determined construction enterprise is invalid.

In other places, illegal buildings are generally identified from the perspective of planning and construction permits, that is to say, if the house you build has not obtained the construction land planning permit, construction project planning permit, building construction permit, or is built beyond the scope of the above permit, it may be identified as an illegal building.

This kind of house is not only an illegal building, but also may be demolished in violation of regulations, and it will also affect the interests of the house.

Legal analysis: If the house has not been submitted to the urban and rural planning department for approval, has not obtained the planning permit for the construction project, and does not have the real estate certificate, it is generally an illegal building, but if it is caused by historical reasons, it can be determined whether it is an illegal building according to the specific circumstances.

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 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 Peifeng may be fined less than 10% of the construction project cost.

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.

Not having a title deed does not necessarily mean that it is a building violation. Illegal construction refers to buildings that occupy state-owned land, collective land, aisles, roadsides, public green spaces, aisles, sidewalks, etc.; Buildings that are implemented after the scope of demolition and relocation has been determined; Buildings that have not obtained the planning permit for construction projects or have not been constructed in accordance with the approved scope and content; Buildings built without authorization by changing the nature of use or falsifying relevant materials to obtain permits.

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 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, corrections shall be made within a time limit, and a fine of not less than 5% but not more than 10% of the auction price of the construction project 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.

If a house is built without approval, it is an illegal building. According to the provisions, without approval, or by fraudulent means to obtain approval, illegal occupation of land, by the people at or above the county level, land administrative departments ordered to return the illegal occupation of the land type land. For those who violate the overall plan for land use and change agricultural land into construction land without authorization, the new buildings and other facilities on the illegally occupied land shall be demolished within a time limit and the land shall be restored to its original state.

Criminal Law of the People's Republic of China

Article 342 [Crime of Illegal Occupation of Agricultural Land] Whoever violates land management regulations by illegally occupying cultivated land for other purposes, and the amount is relatively large, causing a large amount of damage to cultivated land, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and/or a fine.

Article 346:Where a unit commits the crimes provided for in Articles 338 to 345 of this Section, the unit shall be fined, and the directly responsible managers and other directly responsible personnel shall be punished in accordance with the provisions of each article of this Section.

The so-called illegal building refers to the construction of a new construction project in violation of laws and regulations in the urban planning area without obtaining a construction project planning permit or in violation of the provisions of the engineering planning permit, or a new, expanded or reconstructed building by deception to obtain approval.

However, the unlicensed house has not been registered with the property right, and the property right has not been established, and the right holder can only obtain the complete right after the property right certificate is completed.

In reality, even if it is an illegal building, reasonable compensation should be given according to the principle of proportionality of Yuqing in the administrative law.

Article 64 of the Urban and Rural Planning Law stipulates that 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 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, a fine of between 5% and 10% of the construction project cost shall be imposed within a time limit; 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.