Which department should issue the notice of demolition of illegal buildings within a time limit?

According to the "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 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 it cannot be demolished within a time limit, 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 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) Failure to carry out temporary construction in accordance with the approved content;

3) Temporary buildings and 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.

Generally, it is the relevant departments at or above the county level, if you get this document, you must pay attention to it, if you do not start the legal process within the time limit specified by the law, then you may be administratively compulsory. Lawyer Jia Qihua has many years of experience in handling cases, and has successfully won reasonable compensation for many people, and I hope it will be helpful to everyone.

Legal analysis: There is no time limit, and the notice of demolition of illegal buildings is immediately demolished.

Legal basis: Measures for the Handling of Illegal Buildings

Article 4 When the personnel of illegal construction investigation and reporting encounter new construction, addition, reconstruction, and construction in violation of building regulations, they shall immediately report to the competent construction authority for processing, and implement the matters designated by the competent construction authority to handle and handle the matters designated by the competent construction authority, and the construction agency in charge shall immediately order the suspension of work if he is aware of the illegal construction situation due to investigation, report or other circumstances. Personnel who report and demolish illegal buildings shall wear identification cards issued by municipalities directly under the Central Government and counties (cities)** when performing their duties; Demolition personnel should also carry demolition documents.

Fifth municipality, county (city) competent construction authorities, should be received from the date of illegal building inspectors within five days of the implementation of the survey, determined that must be demolished, should be demolished. If it is determined that the demolition requirements have not been constituted, the offender shall be notified to apply for a license in accordance with Article 30 of the Construction Law within 30 days after receiving the notice. If the application for the license of the illegal builder does not comply with the regulations or fails to apply for the license within the time limit, the competent building authority of the municipality directly under the Central Government or county (city) shall demolish it.

Legal analysis: Receiving a notice of illegal construction does not necessarily lead to the demolition of the house, and it should be judged whether it is legal. 1.

Whether evidence has been investigated and collected. Whether the notice was made after investigation and evidence collection, and whether your opinions were heard. A notice of illegal construction should be made on the basis of clear facts and sufficient evidence.

2.Whether the department issuing the notice has the corresponding authority. The administrative department that made the notice of illegal construction should find out whether the building involved in the case has legal authority, and some administrative departments must violate the law if they exceed their administrative powers.

3.Whether the house has to be demolished. Illegal construction is divided into two categories: substantive violations and procedural violations.

This determines whether the illegal building can be eliminated in accordance with the law and become a legal building. Substantive violations are generally not possible, but procedural violations are usually possible.

Legal basis: Article 65 of the "Urban and Rural Planning Law of the People's Republic of China" In the township or village planning area, if the rural construction planning permit is not obtained in accordance with the law 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.

Legal analysis: For those who refuse to rectify the illegal construction, the urban management law enforcement can issue a demolition notice within a time limit according to the requirements of the superiors. Demolition can be carried out after the demolition order is issued.

Before the revocation of the forced demolition order, it has legal effect, and if the person subject to forced demolition applies for administrative reconsideration, and the forced demolition order is revoked and cancelled, it will no longer have legal effect.

Legal basis: "Administrative Compulsion Law of the People's Republic of China" Article 44 Where illegal buildings, structures, facilities, etc. need to be forcibly demolished, they shall be announced by the administrative organs, and the parties concerned shall demolish them within a time limit. Where a party does not apply for administrative reconsideration or initiate an administrative lawsuit within the statutory time limit, and does not demolish it, the administrative organ may compel the demolition in accordance with law.