Reading guide:In China, the "law" of "illegal construction" is not limited to the "planning law". If there is a "construction project planning permit" and conforms to all plans, there is a "construction project planning permit" that may still infringe on the neighbor's neighboring rights.
In our country, there are many aspects to consider to determine whether a house is illegally built, and it can be said that it is a rather complex technical work. When the construction law enforcement department came to determine that our houses were illegally built, many people did not know which laws had been violatedI don't know whether it is reasonable and legal to determine whether my house is illegally built, or whether there are remedial measures. This will appear very passive when faced with housing expropriation.
, aboutBuilding Code ViolationsIllegal constructionIllegal construction
In current practice, these three terms are used interchangeably, and these three words are more similar to a sociological vocabulary than a careful and rigorous legal vocabulary. In short, before "illegal construction", the synonym is "illegal construction" and the official expression is also "illegal construction" (retrievable 1980s*** normative documents).
In 1990, the Urban Planning Law was promulgated, and "chapter" became "law", and in this regard, "illegal construction" became a common expression. There are certain changes and evolutions in the spread of language, and there are still sporadic sayings such as "illegal construction" in the world.
Later, due to the comprehensive law enforcement of the city, the expression of "illegal construction" was too cumbersome, and in order to be crisp and neat, the expression within the system was more Xi to the more concise expression of "illegal construction".
Although there are some differences in the names, all three designations refer to the same system of legal norms or the same administrative area - urban and rural planning, which in most cases today is especially for urban planning and management.
Combined with the relevant provisions of the current "Urban and Rural Planning Law", it is generally believed that "illegal construction" refers to buildings and structures that are built without the approval of the competent department of planning and land, without obtaining a planning permit or a planning permit for temporary construction projects.
So, in our countryDoes an illegal building only refer to a building that violates the Town and Country Planning Law and does not have a planning permit?
Illegal constructionContraryActNot limited toPlanning Law
Personally, I believe that "illegal construction" in practice is a profound problem that cannot be avoided, and one of them is not only a simple reason of "failure to obtain planning permission". In the general direction, it may be a violation of legal norms of public law, a violation of legal norms of private law, or even a combination of public and private legal norms.
As far as the administrative management norms are concerned, it may be a violation of planning and management regulations, or it may be a violation of construction management regulations, or it may be a violation of other administrative regulations such as environmental protection and fire protection. In practice, we often talk about the "illegality" of buildings, from the connotation to the extension, in fact, it is not rigorous.
Scenario 1: YesPlanning permit for construction worksand in line with all plans.
The illegal situation of "illegal construction" is limited to the failure to obtain planning permission for construction projects, and it is actually possible to obtain planning permission for construction projects, which still violates the overall land use plan referred to in the Land Management Law.
Not only that, but the types of plans themselves are extremely complex, and the classification of urban master plans, regulatory detailed plans, etc., is not grasped by non-specialists. However, if planning permission is obtained for construction projects, it should be in accordance with the regulatory detailed plan and the overall land use plan;However, if the examination is not strict and the certificate is not strictly obtained, and any one of the plans is violated, the building will still be "illegal construction" if it is investigated and dealt with in accordance with the Land Management Law and other relevant laws.
Scenario 2: YesPlanning permit for construction worksNeighbouring rights may still be violated.
Owners who have obtained a "planning permit" under public law to carry out building construction may still obstruct neighbors' access, lighting, water supply, heating and other adjacent rights, and are not exempt from civil liability because they have obtained planning permission under public law. The relevant right holder can still obtain relief from the judicial authorities in accordance with civil channels, and require the owner of the building to bear the responsibility of removing the obstruction and restoring the original state. SoThe end of the building is still mainly demolished, which is private lawIllegal construction
Scenario 3: YesPlanning permit for construction works, but do not have the construction permit required by the Construction LawIllegal buildings
In the Construction Law, the construction qualification of the building itself is still subject to administrative licensing, and in addition, the engineering structure and construction quality of the building itself are also subject to completion acceptance. If the construction permit and completion acceptance are not obtained, the competent authority can still order it to stop work, which is another kind of "illegal construction".
Scenario 4: YesPlanning permit for construction works, but without obtaining fire protection filing or acceptance permit, may also beIllegal buildings
According to the Fire Protection Law, the fire safety of buildings, especially public places and facilities, is recorded or licensed according to the different fire protection levels of the buildings.
Scenario 5: YesPlanning permit for construction projectsButThose who do not handle or cannot handle housing registration or immovable property registration for various reasons also belong toIllegal buildings
According to the relevant requirements of the "Regulations on the Registration of Immovable Property", the materials that need to be provided for the initial registration of immovable property rights include the necessary procedures for planning, construction, fire protection, construction and security just analyzed.
In addition, there is the existence of the problem of "small property rights" in rural areas, as well as buildings attached to the sea, tidal flats, water areas, mines, drilling platforms, as well as artificial islands, temporary resort buildings in scenic areas, and other various buildings, which exist in large numbers and may involve more than traditional public law and private law norms.