Is it illegal to build a sun room on the roof of a self built house, there is a clear law

It is not illegal to build a sun room on the roof of a house built by oneself, but it is an illegal building that has not been approved by the property management company or urban construction department.

The consequences are: All the houses will be owned by individuals for 70 years, including remodeling, repairs, or other renovations, but the fact is that many communities do not allow it, because the unauthorized construction destroys the appearance of the community, and will allow other residents of the community to carry out illegal construction, which has a very bad impact on the entire community, and may be subject to property freezing.

The main illegal buildings are as follows:

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;

There are different situations of illegal buildings according to the degree of their "violations". On the face of it, it is said that the illegal construction builder has the right to use the land.

Illegal buildings can be broadly divided into the following two types:

1. The builder has not obtained the land use right, so he cannot obtain the building permit;

2. It is a building that is built in violation of regulations on the land on which it has obtained the right to use the land, but is built without obtaining a building permit.

[Legal basis].

Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land Municipal and county-level people** and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and shall be dealt with in accordance with the law for construction in violation of urban and rural planning. 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.

Whether the construction of a sun room on the roof of a self-built house is illegal mainly depends on whether there are clear and unified local regulations on housing construction, and it is recommended to go to the urban construction department to understand it clearly. The sun room recommends choosing a jewel sun room with doors and windows, introducing nature into the residence, allowing the sun to bathe in life, transparent contact with the starry sky, and close dialogue with the wind and rain, so that life is full of a picturesque scenery. [Click to view more brand news].

The main features of the gem sunroom are as follows:

1. Quanming non-traditional buildings built with glass and metal frames to achieve the purpose of enjoying sunlight and getting close to nature;

2. The top surface is equipped with 5+5 laminated glass and 6+6 laminated glass.

Under normal circumstances, buildings that have not obtained planning permission for construction projects, and buildings that exceed the permitted construction area or height are newly built or erected without authorization within the scope of the construction project land that has been completed and accepted, or buildings that are newly built or erected without authorization by using construction projects are illegal buildings.

If you want to know more about the sun room, it is recommended to consult the Zunshang doors and windows. Founded in 2004, Zunshang Doors and Windows is a large and medium-sized aluminum alloy door and window enterprise integrating R&D, production, sales and service. Since its establishment nearly 20 years ago, the company has been focusing on the R&D and production of high-end products such as aluminum alloy system doors and windows, sun rooms, etc., with 700+ brand stores in the country, and its products are exported to more than 30 provinces, autonomous regions, municipalities directly under the central government and Southeast Asia.

The products are mainly used in high-end home decoration, villas, clubs, office buildings and other places.

1. If the corresponding building source 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.

2. Illegal buildings mainly include:

(1) Buildings built without applying for or obtaining approval for construction land, 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.

(3) Buildings built without authorization that have changed the nature of use.

(4) Unauthorized use of temporary structures to become permanent buildings.

Legal analysis: In this regard, the sunroom does not belong to the building. 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.

If it is said that it is a new building, then the garden and balcony of your own home belong to yourself, and there is a real estate certificate to prove it, and it does not belong to the illegal construction of a sun room.

Legal basis: "Urban and Rural Planning Law of the People's Republic of China" Article 64 If the construction project planning permit has not been obtained, or the construction project is not in accordance with the construction project planning permit, the competent urban and rural departments at or above the county level shall order the construction to be stopped, and corrective measures can still be taken to eliminate the impact, which can be corrected within a time limit, and a fine of more than 5% and 10% of the project cost shall be imposed.

1. Is it an illegal building to build a sun room?

1. Whether the construction of a sun room is an illegal building is generally decided according to the specific situation

1) The construction of a sun room in a public area is generally an illegal building;

2) The construction of sunlight in private areas is generally not an illegal building.

2. Legal basis: Article 45 of the Property Management Regulations.

In the property management area, in violation of the relevant laws and regulations on public security, environmental protection, property decoration and use, property service enterprises shall be stopped, and promptly 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.

Article 50. Owners and property service enterprises shall not occupy or excavate roads and sites in the property management area without authorization, harming the common interests of the owners.

If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee.

Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.

2. What should I do if I find illegal buildings?

The methods for discovering illegal buildings are as follows:

1. The parties may request the property to stop it and issue a rectification notice;

2. It can be reported to the relevant administrative departments and reported to the urban and rural planning departments, and the urban and rural planning departments shall order the demolition, and the owners may file a lawsuit if they refuse to perform.

Legal analysis: If the construction of the sun room is built in the public part, it is illegal, and if it is built in the private part, it will not affect others.

Legal basis: Road Traffic Safety Law of the People's Republic of China

Article 1 This Law is enacted for the purpose of maintaining road traffic order, preventing and reducing traffic accidents, protecting personal safety, protecting the property safety and other lawful rights and interests of citizens, legal persons and other organizations, and improving traffic efficiency.

Article 2 Vehicle drivers, pedestrians, and passengers within the territory of the People's Republic of China, as well as units and individuals related to road traffic activities, shall abide by this Law.

Article 3 Road traffic safety work shall follow the principles of management in accordance with law and convenience for the masses, and ensure the orderly, safe and smooth flow of road traffic.

Article 90 A driver of a motor vehicle who violates the provisions of road traffic safety laws and regulations on road traffic shall be given a warning or fined not less than 20 yuan but not more than 200 yuan. Where this Law provides otherwise, punishment is to be given in accordance with the provisions.

If the construction of the sun room is built in the public part, it is illegal, and if it is built in the private part, it will not affect others.

The new interpretation of the Property Law came into effect on March 1, 2016, mainly to distinguish between the public and private parts of the detailed explanation of the owner's rights to make a clear answer, can be used independently, the building part can be clearly distinguished from the parking space and the terrace belongs to the private part, the owner has the right to benefit and the right to dispose of, the sun room is built on the private part of the terrace, does not affect others, does not affect the city, safe and solid is OK.

First of all, if it affects the appearance of the city and urban planning, then it is considered an illegal building, and if it is built in a private part that does not affect others and does not affect the cityscape, it is not an illegal building. Secondly, holding a real estate certificate and proving that the house is your own is not considered a violation. Finally, for the sake of insurance, go to the relevant departments to go through the approval procedures to ensure that the appearance of the city will not be affected, and it will also be dealt with as appropriate.

Generally, it is not illegal to build a sun room in their own yard, which belongs to their own personal private buildings, general illegal buildings refer to the urban planning area without obtaining a construction project planning permit, or in violation of the provisions of the construction project planning permit, or to take deceptive means to obtain approval and occupy an area of new expansion and renovation of the building, the general sun room can be a sheltered platform, expanding the indoor use area, high functional lighting rate, strong space, high utilization rate.

If the construction of the sun room is built in the public part, it is an illegal building, and vice versa.

If it is built in a private part, it will not affect others and the cityscape. The new interpretation of the Property Law came into effect on March 1, 2016, mainly to distinguish between the public and private parts of the detailed explanation of the owner's rights to make a clear answer, can be used independently, the building part can be clearly distinguished from the parking space and the terrace belongs to the private part, the owner has the right to benefit and the right to dispose of, the sun room is built on the private part of the terrace, does not affect others, does not affect the city, safe and solid is OK.

First of all, from a formal legal point of view, it is difficult to make sense. Illegal buildings are divided into two categories, affecting the appearance of the city, etc., what to do after they are built: pay a fine, and go through the procedures.

There is another one that seriously affects the appearance of the city and the urban planning, that is, it must be demolished after it is built. In addition, the relevant departments may talk about potential safety hazards and use them to dismantle them. However, China's laws are not yet complete, and the sun room is said to be an illegal building, and it is not an illegal building, but it is only an illegal construction, which belongs to the urban management.

Illegal construction of urban management can be demolished, and the demolition of illegal buildings can only be demolished after the approval of the court. Secondly, in principle, as long as the owner of the house holds the real estate right certificate, can prove that the property belongs to himself, is entitled to rebuild and repair, this problem can be seen at the purchase contract at that time, generally the terrace of the house is part of the real estate developer as a gift.

How to determine whether the sunroom is a violation?

Public areas are illegal, private areas are not.

Terraces can generally be sealed without disturbing the neighbors.

The villa is private property and is not illegal.

If you have a small courtyard, it is not illegal to install a sun room in your own small courtyard.

The top floor is the tightest place for the card.

Build a sunroom.

It is not necessarily an illegal building, if it has gone through the relevant planning procedures, the sun room under its approval is not an illegal construction, on the contrary, it is an illegal construction. Illegal construction refers to the failure to obtain a planning permit for a construction project without the approval of the competent department of planning and land.

or planning permits for temporary construction works, buildings and structures constructed without authorization. It is recommended to build a sun room with respectable doors and windows. The jewel sun room in the doors and windows is a non-traditional building built with glass and metal frames to achieve the purpose of enjoying sunlight and getting close to nature, and the top surface is equipped with 5+5 laminated glass.

Sun room selection glass attention:

1. There are also different types of glass, which can be made into different decorative effects. For the sunroom, we can choose a single-layer tempered glass.

Its thickness also varies, some are 5 mm, 6 mm, and some can reach 12 mm. After this tempered glass is broken, it will be broken into some small particles, which will not hurt people. So if you want to decorate the sun room, you can choose this kind of glass.

2. You can also choose laminated tempered glass, which has higher safety performance, and compared with other glasses, the effect of shockproof, anti-theft and explosion-proof will be better, and the safety factor will be better.

Comparatively high. 3. In addition, you can also choose hollow tempered glass, which is made of two pieces of glass to form a certain thickness, and the air is pumped away in the middle to form a hollow layer, which can reduce the convection heat transfer of the glass and has a certain thermal insulation effect, so it can be used to make the material of the sun room.

4. In order to reduce the radiation of sunlight, a coated glass has been developed, that is, a film is also attached to the glass.

Enterprise. Since its establishment nearly 20 years ago, the company has been focusing on the R&D and production of high-end products such as aluminum alloy system doors and windows, sun rooms, etc., with 700+ brand stores in the country, and its products are exported to more than 30 provinces, autonomous regions, municipalities directly under the central government and Southeast Asia.