1. Mode of enterprise workshop or residence;
2. There is no way to apply for approval after the expansion of the community;
3. Small property houses are built on collective land. Of course, this is controversial in practice. Is it illegal?
4. State-owned industrial land has been obtained, but there are no corresponding approval procedures and approval procedures for construction projects;
The temporary building has expired. The two-year temporary construction period granted to you has expired, and the application for extension has not been continued or the application for extension has not been approved by the other party;
All the above forms may lead to the objective reality that your place belongs to illegal buildings. However, under the objective premise that illegal buildings are being demolished on a large scale all over the country, illegal buildings should also be distinguished. What are illegal buildings?
The difference between illegal buildings
In the application of Article 40 of the Urban and Rural Planning Law, the Land Management Law and the Property Law, the confirmation and punishment measures for illegal buildings are applied in a step-by-step manner. For example, those who can go through the relevant formalities will go through the formalities, and those who can pass the fine will be fined. If there is no substantial impact on national defense security, public safety and the appearance of the city, it should not be recognized as an illegal building in principle. Including acquiescence, recognition, encouragement, etc. Is it an illegal building made by the government in the early stage of attracting investment and some authoritative departments have confirmed the legality of the relevant buildings? It should be treated differently in objective reality.
Judging from the demolition of illegal buildings in the past, only those that endanger national security and public safety and the appearance of the city can be suspected of illegal buildings. On the collective land, especially the homestead, in order to meet the problem that the residents do not meet the living area, if we rebuild or expand the legal homestead or land use right, we think it is an illegal building at will, but now Taizhou, Hangzhou, Ningbo, Wenzhou and other places in Zhejiang Province do not treat it differently when carrying out large-scale demolition. We think it should be treated differently. No matter what form it takes, it depends on the source, which stage it belongs to in the legal appraisal procedure of illegal buildings, what legal measures should be taken and whether it can be remedied. Can other relevant legal means be adopted to confirm relevant legal rights? In this regard, we should all have a practical discussion.
Small property houses on collective land
First of all, can houses be built on collective land? Can you build a building? If it is collective construction land or non-cultivated land, it is ok. But why is it called a small property house? The reason for the small property right house is that the house you built on the collective land is for public sale, that is to say, it is not built for the members of the collective land, but sold to people other than the members of the collective land. Because you didn't requisition land, you became state-owned land without paying the land transfer fee, which violated the national land management order and the relevant laws and regulations on the pre-sale of commercial housing. This is an illegal procedure. But are small property houses illegal buildings? We think it is necessary to buy before selling. The buyer is not a member of a collective organization. The property right of this house is a small property right house If it is not sold after completion, or if I live for a member of a collective organization, it cannot be regarded as a small property right house.
Law enforcement procedures for illegal buildings
The enforcement procedures of illegal buildings also have mutual and complete enforcement procedures. First of all, we must give the parties the right to state their defense. How did the house come about? Why did you build it like this? Which relevant departments approved it? Everyone should be given the right to state the case and defend himself. After the complaint is completed, even if it is found to be illegal construction, the right to reconsideration proceedings should be given. Now, according to the relevant provisions of the Administrative Enforcement Law, you can exercise your administrative authority only after the court decides whether you are building illegally. There is a question about the order and procedure of exercising administrative power, which has been ignored in many places now. As long as you can't get the construction planning permit, your house will be demolished if it is considered illegal. I don't care what the legal procedure is. We believe that this is a very obvious aspect of a specific administrative act, which is illegal and cannot be encouraged and disseminated. It is also a ruthless trampling on real estate or private rights and should not be encouraged.
Various methods to solve illegal buildings
At present, many places try out whether illegal buildings can be listed and traded after paying land transfer fees, especially small property houses, and fill in relevant land transfer fees and relevant land acquisition procedures. If all the buildings are paid and the buildings are qualified, we can discuss whether they can be completed and accepted. Including enterprise factories, I found that in industrial parks, especially spontaneous industrial parks, the safety and quality of enterprise factories, architectural style, architecture and the face of the city are completely matched. Whether this kind of illegal building is recognized or not has some humanized considerations. Since most of you meet the requirements of our urban planning, but you haven't applied for relevant licenses, can you use a certain service life, such as 10 years, and I will confiscate it after ten years? That is to say, give him the right to use first, or I will reverse the rent after confiscation. I found this way in Daxing, Beijing. After confiscation, the enterprise wants to operate normally here and rent it to you. Illegal buildings should not be forcibly demolished, but should be digested and solved by various means, including confiscation, fine, comprehensive improvement or engineering quality appraisal, which meets the requirements of various aspects of engineering quality and should be solved by various means.