How to report the demolition of illegal buildings in rural areas, and how to report illegal building

Report directly to the local township or county, or report online. If a house is built illegally in a rural area, you can file a complaint with the construction department. The national unified complaint ** of the construction department is 12319.

If illegal occupation is involved, you can file a complaint with the land department. The land department has a unified complaint **12336.

At present, there is no reward for reporting illegal self-built houses in rural areas, and those who receive reports will be dealt with after verification of their true construction. For illegal buildings in rural areas, ** can be demolished within a time limit. If they refuse to demolish it by themselves, the county level shall be forced to demolish it in accordance with the law or apply to the court for compulsory demolition.

1. Buildings built on agricultural land.

As the name suggests, the so-called "agricultural land" is the land directly used for agricultural production, including cultivated land, forest land, grassland, farmland water use land, breeding water surface, etc.

Before the conversion of agricultural land into construction land, the unauthorized construction of houses on agricultural land is clearly prohibited by relevant laws and is an illegal construction.

2. Build houses on rural construction land.

Rural construction land includes villagers' homesteads, land for township enterprises, and land for public facilities and public welfare undertakings in townships (towns).

1) If a non-villager or a non-village-run enterprise needs to use rural land, it shall first go through the national land acquisition procedures, change the nature of the land to state-owned land, and obtain the right to use state-owned land before it can be built on the plot, otherwise the building is an illegal building.

2) The villagers of the village or the village-run enterprises of the village do not conform to the overall land use plan, and the houses built on the rural construction land are illegal buildings without obtaining the rural construction planning permit and the construction project planning permit.

Legal basis

According to Article 68 of the Urban and Rural Planning Law, 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 party does not stop the construction or does 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.

According to Article 83 of the Land Management Law, if a new building or other facility built on illegally occupied land is ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; Where they do not prosecute and do not dismantle it on their own at the end of the time limit, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the offender.

Nowadays, some people build houses on the homestead of the village without authorization, and build them in violation of regulations, which not only occupies social and public resources, hinders the production and life of others, but also brings potential safety hazards. So how to complain and report if you find illegal construction? First of all, we need to know how to distinguish the illegal construction of the so-called illegal construction in rural areas, which refers to all kinds of buildings that are built on agricultural land or rural construction land without obtaining rural construction planning permits and construction project planning permits in accordance with the law.

It also includes privately built buildings, which are mainly divided into: courtyards built by farmers privately, greenhouses built illegally, factories built illegally, and so on! How much is the report of illegal construction in rural areas**?

If it is found that illegal construction in rural areas, especially on cultivated land and basic farmland, it can be reported directly to the local ** or land and resources management department. You can call the land and resources report**: 12336 to report**; You can also enter the "12336 Land and Resources Illegal Reporting Online Information Platform" for online reporting.

There are three ways to report illegal construction in rural areas:

1.Report directly to the local people at or above the county level.

3.Log in to the local land and resources online reporting system to report.

Hope the above information is helpful to your question.

Legal analysis: 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 a fine of less than 10% of the construction project cost may be imposed concurrently.

Legal basis: Article 74 of the Land Management Law of the People's Republic of China: Where land is sold or illegally transferred in other forms, the competent department of natural resources of the people's ** at or above the county level shall confiscate the illegal gains; Where agricultural land is changed into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state.

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You can call 12319 urban construction service** to report yes** complaint center, ** after calling, the computer system will record, and let the complainant leave ** and address, the information is summarized to the Municipal Urban Management Law Enforcement Bureau, and the Urban Management Law Enforcement Bureau will be dealt with by the territorial urban management law enforcement bureau where the illegal construction is reported. At the same time, the Letters and Visits Section of the local urban management department will send back a text message to the complainant, informing the other party that the complaint has been handled.

2. The reply of the local city management department shall be carried out within the specified time. Strictly speaking, after receiving the report, the local urban management department can investigate whether there are illegal buildings within one to two days, and at the latest, three to four days. The urban management department generally deals with cases where the construction period is violated for 45 days.

However, it is necessary to report the investigation plan of the illegal construction to multiple departments and to seek the opinion of the planning department before demolition. 2. The scope of the 12319 complaint 12319 is used as the system access number, centralized acceptance of gas leakage, gas pipeline installation and maintenance; Leaking; Buses do not solicit passengers; Passengers were hacked; sewage problems, littering, disorderly roads, gardens, public toilets; illegal or illegal advertising, occupation of road operations; encroachment on green spaces, destruction of landslides on roads, destruction of urban forests; sabotage of municipal facilities; the failure of the primary and secondary roads is not timely; Chaotic construction, illegal construction, unauthorized alteration of building structures, urban construction services, housing and land disputes, tourist rental consultation and complaints.

Legal analysis: report to the people of townships and towns. 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.

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

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 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.

1. Two suggestions for illegal construction:

1. According to different types of illegal construction, complain and report to the local land and planning administrative departments or local townships and streets;

2. If your neighbor's illegal construction affects your daily life, you can file a lawsuit with the local people's court to request it to be restored to its original state.

2. If illegal buildings are found, they can report to the Urban Construction Management and Supervision Detachment under the Urban Construction Bureau, or to the local Housing and Land Management Bureau and Planning Bureau. Illegal buildings that seriously impede urban planning shall be demolished within a time limit or confiscated in accordance with the provisions of relevant laws and regulations. Where illegal construction or illegal construction must be corrected, demolished or confiscated within a time limit in accordance with the law, it must not be replaced by a fine alone.

Legal basis: Article 9 of the Urban and Rural Planning Law of the People's Republic of China All units and individuals have the right to report or accuse violations of urban and rural planning to the competent department of urban and rural planning or other relevant departments. The competent departments of urban and rural planning or other relevant departments shall promptly accept reports or accusations and organize verification and handling.

Buildings and structures erected without authorization are illegal constructions. Common forms of illegal construction include: closed or partially enclosed buildings and structures erected on balconies and patios; Buildings with additional houses and raised roofs; Buildings and structures built in neighborhoods, alleys, new villages and other areas that are attached to the exterior walls of houses; Temporary buildings, structures, etc. that have not been demolished within the time limit.

If you find illegal construction, you can call 12345 or contact the urban management law enforcement department for investigation and punishment. For parties who do not demolish or refuse to demolish illegal buildings or structures within the time limit, the urban management law enforcement departments and township and town people** shall include their illegal information in the city's Public Credit Information service platform, and may disclose it to the public through methods such as announcements such as announcements. Where the parties are enterprises, they shall also be disclosed in accordance with law through the enterprise credit information publicity system.

Illegal construction in rural areas can be complained to the Housing and Urban-Rural Development Bureau and the Land and Resources Bureau.

Illegal occupation of land without approval or fraudulent means to obtain approval, by the people's ** department of natural resources at or above the county level shall order the return of the illegally occupied land, in violation of the overall land use plan to change agricultural land to construction land without authorization, demolition of the illegally occupied land on the newly built buildings and other facilities, restore the original state of the land, in line with the overall land use plan, confiscate the newly built buildings and other facilities on the illegally occupied land, may be fined; The directly responsible managers and other directly responsible personnel of units that illegally occupy land shall be punished in accordance with law; where the crime of assault is constituted, criminal responsibility is pursued in accordance with law.

If the amount of land is occupied in excess of the approved amount, the excess land shall be punished as illegal occupation of land.

In accordance with the relevant laws and regulations, if the newly built buildings and other facilities on the illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and demolish it on its own; If the construction continues, the organ that made the penalty decision has the right to stop it. If the construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a set period of time, it may file a lawsuit with the people's court within 15 days of receiving the decision to order demolition within a set period of time; If the time limit expires and the department does not bring a lawsuit and does not dismantle it on its own, the organ that made the penalty decision shall apply to the people's court for compulsory enforcement in accordance with law, and the costs shall be borne by the violator.

Land Management Law of the People's Republic of China

Article 79 Where a unit or individual that does not have the right to approve the expropriation or use of land illegally approves the occupation of land, illegally approves the occupation of land beyond the authority of approval, does not approve the use of land in accordance with the overall land use plan, or approves the occupation or expropriation of land in violation of the procedures prescribed by law, the approval document shall be invalid, and the person in charge and other persons directly responsible for illegally approving the expropriation and use of land shall be punished in accordance with law; where a crime is constituted, criminal responsibility is pursued in accordance with law. Land illegally approved or used shall be recovered, and if the relevant parties refuse to return it, it shall be punished as illegal occupation of land.

Where the expropriation or use of land is illegally approved, causing losses to the parties, they shall be liable for compensation in accordance with law.

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 a fine of less than 10% of the construction project cost may be imposed.

Legal basis: Article 74 of the Land Management Law of the People's Republic of China: If the land is sold or illegally transferred in other forms, the illegal gains shall be confiscated by the competent department of natural resources of the people's people at or above the county level; Where agricultural land is changed into construction land without authorization in violation of the overall land use plan, the newly built buildings and other facilities on the illegally transferred land shall be demolished within a time limit and the land shall be restored to its original state.