Legal analysis
It is illegal to transform the external structure of residential buildings without authorization, which belongs to illegal buildings. According to the relevant laws and regulations, all buildings must meet the standards of the planning department before they can be built. Illegal construction refers to buildings and structures built without the approval of the competent department of land planning and without obtaining the planning permit for construction projects or the planning permit for temporary construction projects. According to the provisions of the Urban and Rural Planning Law, if buildings, structures, roads, pipelines and other projects are built in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county or the people's government of the town determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit. China's laws clearly stipulate that the demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated. The administrative law enforcement procedure of illegal construction cases should go through many links, such as investigation and determination, ordering to stop work, and issuing punishment decisions, which generally takes 3 to 6 months or longer.
legal ground
Article 78 of the Land Administration Law of the People's Republic of China, if rural villagers illegally occupy land to build houses without approval or by deception, the competent agricultural and rural departments of the people's governments at or above the county level shall order them to return the illegally occupied land and dismantle the newly built houses on the illegally occupied land within a time limit. Those who exceed the standards set by provinces, autonomous regions and municipalities directly under the Central Government shall be punished for illegal occupation of land.
Article 44 of the Administrative Enforcement Law of the People's Republic of China If illegal buildings, structures and facilities need to be demolished, the administrative organ shall make an announcement and order the parties to dismantle them themselves within a time limit. If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and does not dismantle it, the administrative organ may forcibly dismantle it according to law.