Under what circumstances can the villa not be demolished

It depends on whether the corresponding formalities for the building plan have been obtained, and if so, it can be ordered to restore the original state within a time limit.

Article 3 of the Beijing Municipal Provisions on the Prohibition of Illegal Construction includes illegal construction in cities and towns and illegal construction in rural areas. Illegal urban construction refers to urban construction projects that have not obtained construction project planning permits, temporary construction project planning permits, or construction projects that have not been carried out in accordance with the content of the permits, as well as urban temporary construction projects that have not been demolished within the time limit. Illegal rural construction refers to rural construction projects that should have been obtained but did not obtain a rural construction planning permit, a temporary rural construction planning permit, or were not constructed in accordance with the content of the permit.

Article 92 of the Beijing Municipal Urban and Rural Planning Regulations: The term "illegal construction" as used in these regulations includes illegal construction in cities and towns and illegal construction in rural areas. Illegal urban construction refers to urban construction projects that have not obtained construction project planning permits or temporary construction project planning permits in accordance with the law, or have not been constructed in accordance with the content of the permits, as well as urban temporary construction projects that have not been demolished within the time limit. Illegal rural construction refers to rural construction projects that should have been obtained but did not obtain a rural construction planning permit, a temporary rural construction planning permit, or were not constructed in accordance with the content of the permit.

"Parties to illegal construction" as used in these Regulations includes the construction unit, construction unit, owner, or manager of the illegal construction.

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.

Article 68 of the Urban and Rural Planning Law of the People's Republic of China 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 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.

Old rural houses built before January 1, 1987 are not illegal constructions and therefore will not be demolished.

In addition, there are the following situations of illegal construction will not be demolished:

1. Partial demolition affects the safety of the main structure of the building or structure, or the overall demolition affects the safety of the main structure of the adjacent building or structure.

2. The existing technical conditions and geographical environment for demolition cannot be demolished.

3. The demolition will cause significant damage to the public interest or other serious consequences.

Legal analysis: illegal villas will not necessarily be demolished. According to the relevant laws and regulations, 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.

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

Article 64 Where a construction project planning permit has not been obtained or 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 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.

Article 66 If a construction unit or individual commits any of the following acts, the competent department of urban and rural planning of the city or county where it is located 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) Failure to carry out temporary construction in accordance with the approved content; (3) Temporary buildings or structures are not demolished beyond the approved time limit.

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: if the approval procedures are handled, it is a legal building; If there is no approval formalities, strictly speaking, it is an illegal building.

Legal basis: Land Law of the People's Republic of China Article 62 A rural villager household may only own one homestead land, and the area of the homestead shall not exceed the standards set by the provinces, autonomous regions and municipalities directly under the Central Government.

Rural villagers building houses shall conform to the overall land use plan of the township (town), and use the original homestead land and vacant land in the village as much as possible.

The residential land of rural villagers shall be reviewed by the people of the township (town) and approved by the people at the county level; Among them, where the occupation of agricultural land is involved, the examination and approval formalities shall be handled in accordance with the provisions of Article 44 of this Law.

Rural villagers who sell or rent their houses and then apply for homestead land are not to be approved.

Hello, glad to answer for you :1The first step is to triage by time.

According to the specific time of the urban planning of each locality, it is reasonable to determine the time limit of illegal construction. It can be two-stage or three-stage. The two-stage form is to delineate a point in time, and the illegal buildings formed before this point in time can be re-processed for the construction of the Hehanyou Law, and the illegal and old imitation buildings after the time point can be treated.

2.The three-stage method is to delineate two time points, and all the formalities before the first time point will be completed, no punishment will be given, and the legal building will be disposed of: after the first time point and before the second time point, lenient treatment, if it can not be demolished or confiscated, it will not be demolished or confiscated; Where administrative punishments may be waived, administrative punishments are not to be given.

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For the sake of their own interests, many citizens build houses and expand in violation of regulations, which not only occupies public resources, but also brings a lot of potential safety hazards. So, let's introduce to you how the expansion of the villa is not illegal, for your reference!

1. How is the expansion of the villa considered illegal.

The design drawings of the villa are submitted to the Planning Bureau for sealing, and only through the approval of the planning department is not an illegal construction, and the property company will naturally not bother with the approval of the property company, and anything that has not passed the approval of laws and regulations will be identified as illegal construction and will be demolished in accordance with the law. Illegal construction refers to buildings built in urban planning areas without obtaining a project planning permit or in violation of the provisions of the construction project planning permit, or using deceptive means to obtain new construction, expansion and reconstruction.

2. How to report illegal construction of the house.

1. Complain to the urban construction department.

Each city has a single bureau responsible for urban construction and management, such as the Planning and Construction Urban Management Bureau, which is specialized in supervising illegal buildings in the city. You may wish to first learn about the complaints of the Planning and Construction Urban Management Bureau, and just call the complaints directly.

2. Complain to the township people.

If you live in a village or market town, and the illegal construction is within the jurisdiction of the township people, you can complain to the housing and construction land unit of the township people.

3. Complain to the Letters and Visits Bureau.

They are also responsible for receiving all the cases of petition complaints, and then send the case to the relevant departments, so that the problem can be solved. Of course, you can also call the Letters and Visits Bureau**, and the other party will convey it to you as soon as possible, which is very convenient.

Enter the area and get the decoration for free**].

1. Under what circumstances can the illegal construction not be demolished.

1. The following illegal buildings shall not be demolished

1) Affecting the safety of the main structure of buildings and structures;

2) the existing technical conditions can not be dismantled;

3) After demolition, it may cause significant damage to the public interest;

4) If the illegal building becomes a legal building through correction or supplementary procedures, the building involved shall not be demolished.

2. Legal basis: Article 64 of the Urban and Rural Planning Law of the People's Republic of China.

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 shall be confiscated or the illegal income shall be punished, and a fine of less than 10% of the construction project cost may be imposed concurrently.

2. What are the criteria for identifying illegal construction?

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.

Legal analysis: 1. Affect the safety of the main structure of buildings and structures. If the building is partially demolished, it will affect the safety of the main structure of the building and structure.

or the overall demolition of the building will affect the safety of the main structure of adjacent buildings and structures. In this case, the illegal building may not be demolished. 2. The existing technical conditions cannot be dismantled.

Due to some special buildings, or the building is in a special geographical location, and the existing demolition technical conditions are limited, the illegal building cannot be demolished, and it may not be demolished. 3. The demolition of illegal buildings may seriously harm the public interest. After the demolition of some illegal buildings, it may seriously harm the public interest, or after the demolition, lead to some irreversible serious consequences.

In this case, the illegal building may not be demolished. 4. If the "illegal building" becomes a "legal building" through correction or re-application procedures, the building involved may not be demolished.

Legal basis: Article 286 of the Civil Code of the People's Republic of China: Owners shall abide by laws, regulations and management regulations, and relevant acts shall comply with the requirements of resource conservation and protection of the ecological environment. The owner shall cooperate with the property service enterprises or other managers in accordance with the law in implementing emergency response measures and other management measures in accordance with the law.

The general meeting of owners or the owners' committee has the right to request the perpetrator to stop the infringement, remove the obstruction, eliminate the danger, restore the original state, and compensate for the losses in accordance with laws, regulations, and management regulations for acts that harm the lawful rights and interests of others, such as arbitrarily disposing of garbage, discharging pollutants or noise, raising animals in violation of regulations, building in violation of regulations, encroaching on passages, and refusing to pay property fees. Where the owner or other actor refuses to perform the relevant obligations, the relevant parties may report or complain to the relevant administrative department, and the relevant administrative department shall handle it in accordance with law.

The villa can not be demolished if it is illegally built:

1. Affect the safety of buildings and main structures. If part of the building is demolished, it will affect the structural safety of the building, or the overall demolition of the building will affect the safety of the adjacent building and the main structure, in this case, the illegal building can not be demolished.

2. If it cannot be demolished by virtue of the current technical conditions, due to the particularity of the geographical location of the building or the building, the illegal building that cannot be demolished according to the existing demolition technology can not be demolished.

3. The legalized building may not be demolished through modification or re-entry procedures.

Violation Identification Criteria:

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. Unauthorized alteration of the building built using the nature of the day.

4. Setting up temporary buildings as permanent buildings without authorization. <>