Building a scaffolding on the roof of a private house is not considered illegal

As you mentioned, the illegal construction is based on the fact that the building violates the planning and approval of the Housing and Urban-Rural Development Commission, and there is no legal reason for the addition of ancillary facilities.

Generally speaking, the erection of a shed on the roof of a private house should be considered an illegal construction.

Calculate. It's not that you can build your own house casually, there are requirements for building.

The illegal buildings demolished on the street are not all public, and many of them belong to individuals, but it does not mean that they are reasonable and legal.

In other words, private roofs are not what you want.

If you want to build, you have to get approval.

Count, as long as it is not the way it was at the time of the review, the extra is illegal. Every year someone builds it, and every year someone demolishes it.

It is illegal to erect a scaffold on the roof of a private house, because it is now clearly stipulated that residential buildings cannot be erected on the roof at will.

Erecting a shed on the roof of a private house is an illegal building, and this situation needs to be reported. If it is not reported, it will need to be dismantled one day when it is inspected.

Pro, according to laws and regulations, this must be illegal, if it is not investigated, this has nothing to do with it, you can build it yourself, if you need to be investigated, it is an illegal building.

It is illegal to erect a scaffold on the roof of a private house.

Although the house is your own, it is also considered a building violation.

If it's your own house on top of the roc, no one will manage it, but if you're building it on a rented house or a planned house, it's not going to work.

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.

Whether it is illegal to build a shed on your own homestead depends on the situation:

1. If a farmer builds a steel frame shed on his homestead, if he obtains the permission of the urban and rural planning department, and obtains the planning permit, it is not an illegal construction;

2. If the permit is not obtained, it is illegal.

What is the enforcement process for illegal construction and forced demolition?

1. File a case; 2. In the investigation procedure, the investigators shall not be less than 2 persons and shall take the initiative to show their law enforcement certificates, and shall be cautious when being questioned and signing the record;

3. Decide on the procedure, and at the same time perform the notification, listen to the statement and defense;

4. Service and enforcement of penalty decisions.

[Legal basis].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; 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.

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.

It is not illegal to build a scaffolding on one's own homestead. It is okay to build a shed on your own homestead, which falls within the scope of reasonable use of homestead. According to the Civil Code of the People's Republic of China.

Article 362 stipulates the right to use the homestead.

People have the right to occupy and use collectively owned land in accordance with the law, and have the right to use the land to build dwellings and their ancillary facilities in accordance with the law. The acquisition, exercise and transfer of the right to use homestead land shall be governed by the law on land management and relevant state regulations.

Requirements for applying for homestead:

1) Where it is truly necessary to divide the household due to the marriage of children or other reasons, and there is a lack of homestead land;

2) The migrant population settles down and becomes a member of the collective economic organization.

those who do not have a homestead;

3) Due to the occurrence or defense of natural disasters.

Implement village and market town planning and carry out communal facilities in townships (towns).

and the construction of public welfare undertakings, which need to be relocated.

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Legal Analysis: Not Included. However, it also depends on local planning. As for whether the building is an illegal building, it depends on the construction period and the conformity with the local plan.

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

Article 3: Cities and towns shall formulate urban and town plans in accordance with this Law. Construction activities within the urban and town planning areas shall comply with the planning requirements. Local people at or above the county level shall determine the areas where township and village plans should be formulated in accordance with the level of local rural economic and social development and in accordance with the principles of adapting measures to local conditions and being practicable.

Townships and villages within the designated area shall formulate plans in accordance with this Law, and the construction of townships and villages within the planning area shall comply with the planning requirements. Local people at or above the county level are encouraged and guided to formulate and implement township and village plans in areas other than those provided for in the preceding paragraph.

Article 4 The formulation and implementation of urban and rural planning shall follow the principles of overall urban and rural planning, rational distribution, land conservation, intensive development and planning before construction, improve the ecological environment, promote the conservation and comprehensive utilization of resources and energy, protect cultivated land and other natural resources and historical and cultural heritage, maintain local characteristics, ethnic characteristics and traditional features, prevent pollution and other public hazards, and meet the needs of regional population development, national defense construction, disaster prevention and mitigation, public health and public safety. Construction activities carried out in the planning area shall comply with the provisions of laws and regulations on land management, natural resources and environmental protection. Local people at or above the county level shall, in accordance with the actual conditions of local economic and social development, reasonably determine the scale, steps and construction standards of the development of cities and towns in the overall urban and town plans.

Legal analysis: If a farmer builds a steel frame shed on his homestead, if he obtains the permission of the urban and rural planning department and obtains the planning permit, it is not an illegal construction, and the unobtained permit is an illegal construction. The construction unit or individual can only go through the approval procedures for land use after obtaining the rural construction planning permit.

Legal basis: Article 41 of the "Urban and Rural Planning Law of the People's Republic of China" In the township and village planning area for the construction of township enterprises, rural public facilities and public welfare undertakings, the construction unit or individual shall apply to the township and town people, and the township and town people shall report to the urban and rural planning departments of the city and county for issuance of rural construction planning permits.

The planning and management measures for the use of original homestead land for the construction of rural villagers' houses in township and village planning areas shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government.

Many people buy a top-floor building, and they will use the top floor, for example, they will build a shed or a sun room. How is it not illegal to build? What issues do we need to pay attention to when building a shed?

1. Is it illegal to erect a roof shed?

From the perspective of the "Property Law" and the "Property Management Regulations", because the roof area is a public equipment place, if you do not have the consent of the relevant departments, it is illegal to build a shed without permission. If someone reports that you can't get the relevant construction permit, the relevant departments will carry out illegal demolition and maybe a fine, so you must not build a shed on the roof at will.

Second, how to build it is not illegal.

1. First of all, you need to judge whether the roof is owned by the owner, if it is owned by the owner, you have to see if there is a relevant treaty prohibiting the construction of a shed, for example, some people want to build a sun room, if the community property has a prohibition clause, it cannot be built at will.

2. If there is no violation of the relevant regulations and it is determined that the roof is the owner's private property, you can build a shed or a sun room. The owner needs to communicate and negotiate with the property management company and the developer, and go to the relevant departments to go through the approval procedures, and also apply for the record with the local urban planning bureau. In this case, it can be built.

3. What aspects need to be paid attention to when building a roof?

1. It is necessary to complete all the procedures of the slag bureau and obtain the consent of the relevant departments before the official start of construction.

2. When building a roof, you need to choose a suitable location. If you need to build a sunroom, you should choose the location of the sunroom, and take into account the sunshine time of the year. Such as bridges.

3. It is very important to choose materials, and the quality of the sun room will be better if you choose materials with excellent quality.

4. When building, it should also be taken into account that it cannot affect the lighting and use of neighbors, and cannot affect the rights and interests of other owners.

5. Some details should be considered, such as drainage, as well as some problems of force and heat insulation.

Summary: The above points are about the illegal roof construction, how to build it is reasonable, and what problems need to be paid attention to in the process of construction.