Measures of Baise Municipality on Investigating and Handling Illegal Construction

Chapter I General Provisions Article 1 In order to further strengthen the management of urban and rural planning and construction, effectively control and investigate illegal construction, and improve the quality of urban and rural living environment, these measures are formulated in accordance with the provisions of the Urban and Rural Planning Law of People's Republic of China (PRC), the Administrative Compulsory Law of the People's Republic of China and other laws and regulations, and in combination with the actual situation of this Municipality. Article 2 These Measures shall apply to the prevention, detection, suppression and investigation of illegal construction within the administrative area of this Municipality. Article 3 The term "illegal construction" as mentioned in these Measures refers to the following acts that violate the laws and regulations on urban and rural planning management:

(1) Failing to obtain a construction project planning permit according to law or failing to carry out construction in accordance with the provisions of the construction project planning permit;

(2) failing to obtain a rural construction planning permit according to law or failing to carry out construction in accordance with the provisions of the rural construction planning permit;

(three) temporary construction without approval or not in accordance with the approved content;

(four) temporary buildings (structures) are not removed within the approved period;

(5) Other circumstances stipulated by laws and regulations.

The fact that illegal buildings (structures) violate urban and rural planning persists and belongs to the state of illegal construction. Article 4 The people's governments of cities and counties (cities, districts) shall be responsible for organizing and leading the investigation and punishment of illegal construction within their respective administrative areas, and establishing and improving a comprehensive coordination mechanism for investigating and punishing illegal construction.

The competent department of urban and rural planning is responsible for the guidance and supervision of the investigation and punishment of illegal construction in the city; Responsible for the investigation and punishment of major complex illegal construction.

County (city, district) competent department of urban and rural planning is responsible for the investigation and punishment of illegal construction in this Municipality.

The township (town) people's government is responsible for the investigation and punishment of illegal construction within its jurisdiction; Sub-district offices shall assist in the work related to illegal construction within their respective jurisdictions. Article 5 The people's governments at all levels in this Municipality shall include the funds for the prevention and punishment of illegal construction in the annual budget. Article 6 The people's governments at all levels in this Municipality, relevant departments and news media shall strengthen the publicity of urban and rural planning laws and regulations and the governance of illegal construction. Seventh citizens, legal persons or other organizations have the right to complain and report illegal construction behavior, and the investigation organ shall reply to the informant within 7 working days after receiving the report, and keep it confidential. Chapter II Prevention and Control of Illegal Construction Article 8 This Municipality implements the responsibility system for the prevention and control of illegal construction, and the people's governments of cities and counties (cities, districts) shall establish a grid supervision and management system for illegal construction, form a patrol network with relevant government departments, townships (towns), streets, communities, villagers' groups and property communities as units, and implement the division of responsibilities. Article 9 The investigation organ shall establish a daily inspection mechanism, stop illegal construction activities found in the inspection on the spot, and supervise the construction site. Tenth residents' committees and villagers' committees have the right to discourage and stop the suspected illegal construction activities within their jurisdiction, and shall immediately report to the competent department of urban and rural planning or the township (town) people's government and sub-district offices.

Property service enterprises shall promptly dissuade and stop acts suspected of illegal construction within their jurisdiction and make written records; Discourage or stop ineffective, it shall immediately report to the competent department of urban and rural planning or the township (town) people's government and the street office. Eleventh natural resources, housing and urban and rural construction, market supervision, health, culture, radio and television, tourism, public security, emergency management and other departments. Information exchange should be realized with the investigation organ, and timely information such as housing lease filing, land use, industrial and commercial registration, health, cultural management, fire permit, etc. should be provided. Through the information sharing platform. Twelfth city and county (city, district) relevant departments shall perform their duties to stop illegal construction in accordance with the following provisions:

(a) the competent department of urban and rural planning shall not issue a construction project planning permit for a construction project that does not meet the regulatory detailed planning and planning conditions; For construction projects that do not meet the planning conditions, verification opinions that meet the planning conditions of construction projects shall not be issued; Supervise and inspect the projects under construction, and establish and improve the tracking management system of the projects under construction.

(two) the construction administrative department shall not issue a construction permit to a construction project that has not obtained a construction project planning permit; For construction projects with illegal construction, comprehensive completion acceptance shall not be put on record; For the illegal buildings (structures) that have not been processed by the parties, the completion acceptance of the construction project will not be filed.

(three) the real estate registration agency shall not handle the registration, alteration, transfer and mortgage procedures for the real estate that has been identified as illegal construction by the investigation organ according to law.

(four) the real estate administrative department is responsible for guiding the property service enterprises to inspect and register the construction of residential areas under their management; Stop illegal construction, cancel the qualification of participating in the selection of excellent property management and demonstration residential quarters for property service enterprises that affect the living environment, and include bad credit records in accordance with relevant regulations.

(five) the development and reform, industry and information technology departments will be subject to administrative punishment of the illegal information of the parties into the public credit information resources directory, and assist the relevant law enforcement departments to the public. Thirteenth relevant public service units and production and operation enterprises shall perform the following duties:

(a) water, electricity, gas, communications, cable television, elevators and other public service units or enterprises should strictly review the conditions in accordance with laws, regulations and relevant provisions of the industry when accepting applications for installing the above service facilities, and have the right not to provide services for construction projects without construction project planning permits, rural construction planning permits or construction project planning verification opinions.

(2) Design units shall not provide construction drawing design documents for construction projects that have not obtained construction project planning permits, rural construction planning permits or temporary construction planning permits, or have not provided construction drawing design documents in accordance with construction project planning permits, rural construction planning permits or temporary construction planning permits;

(three) the construction unit and the project supervision unit shall not undertake or supervise the construction project without obtaining the construction project planning permit, rural construction planning permit or temporary construction planning permit.

The above-mentioned public service units, production and operation enterprises and ready-mixed concrete production enterprises may stipulate in the service contract that they have the right to unilaterally suspend or terminate the provision of services for construction projects that are legally recognized as illegal construction. If the investigation organ informs its clients that the construction is illegal, the above-mentioned units and enterprises shall, from the date of receiving the notification, suspend or terminate the provision of services according to law or in accordance with the contract.