1. For illegal buildings reported by the masses, found in daily inspections, approved by leaders and exposed by the media, there should be video materials, transcripts of conversations with illegal parties, and evidence such as witness testimony if the parties do not cooperate. The whole investigation and evidence collection work, the urban planning area is undertaken by the county (district) planning department and the rural planning area is undertaken by the township government. If the township government cannot do it independently, the district planning department will send personnel to participate in the investigation.
2, investigate the basic situation of illegal parties. Including name, gender, age, occupation, family demographic status (basic information of each member), main source of income, whether there are houses except illegal buildings, housing area, illegal building purposes (rental, self-use and self-occupation), etc.
3, on-site inspection records. Location, area, structure and construction time of illegal buildings.
4, the transfer of urban construction master plan and regulatory detailed planning, determine the planning area to the housing management department for building registration information.
Second, identify illegal buildings.
After the investigation and evidence collection work of the planning department is completed, it is determined whether the house involved is an illegal building according to relevant laws and regulations.
Three. Make a decision to order the demolition within a time limit.
1, investigate and collect evidence of illegal buildings in accordance with the relevant provisions of the Urban and Rural Planning Law. Buildings that do not violate urban and rural planning but have not been approved for planning and construction are procedural illegal buildings, and may be required to make corrections within a time limit and impose a fine, and go through relevant administrative licensing procedures; In violation of urban and rural planning, the building is a substantial illegal building, and a Decision on Ordering the Demolition of Illegal Buildings within a Time Limit has been made. If the administrative counterpart fails to dismantle illegal buildings by himself within the time limit, it will organize the demolition.
2. If it is planned to make a decision to order the demolition within a time limit, a notice shall be made to inform the parties of the relevant facts, reasons and basis, as well as the right to make statements and defenses.
3. If the parties state and defend themselves within the time limit stipulated in the Notice, the demolition implementation department shall listen to their opinions and make records. The implementing department shall examine the facts, reasons and evidence put forward by the parties within twenty days. If the facts and reasons put forward by the parties are established, the implementation department shall adopt them; If the planning department refuses to adopt it, it shall explain the reasons and notify the relevant parties.
4. If the parties fail to make statements and arguments within the prescribed time limit, or the facts and reasons put forward cannot be established, the planning department shall make a written decision to order the demolition within a time limit.
Four, the issuance of law enforcement certificates
1, the county (district) planning department or the people's government of a township or town shall, in accordance with the law, serve the notice, the decision to order the demolition within a time limit and other law enforcement documents on the parties concerned.
2, on-site issuance of law enforcement certificates, there must be more than two people holding administrative law enforcement certificates.
3. If the parties do not cooperate or sign, first of all, the field staff should sign the receipt and indicate that the parties refuse to sign; The second is to post the law enforcement documents at the door of the illegal party or the obvious position of the illegal building, and lock the evidence through the image data; The third is to invite the local village leaders to witness the delivery.
Verb (abbreviation for verb) approves forced demolition.
County (District) planning departments to collect information, in accordance with the relevant requirements of document production, production of documents for approval, and then according to the procedures for approval. After the review by the legal department of the government, the urban and rural planning bureau or the urban management bureau shall be ordered to organize the forced demolition in the name of the county (district) government.
Illegal buildings investigated and dealt with by the Township People's Government shall be dismantled by the Township People's Government according to Article 65 of the Urban and Rural Planning Law.
Six, make the demolition plan
If the people's governments at the city and county (district) levels instruct the relevant departments to forcibly demolish illegal buildings, they shall make an announcement seven days before the compulsory demolition.
Seven, the implementation of demolition
County (District) government ordered the urban management law enforcement departments to carry out compulsory demolition, urban management law enforcement departments as the lead unit to organize the implementation, and the departments involved should cooperate.
Buildings built by units without building qualification and other illegal buildings are illegal buildings. Although it is an illegal building, it can't be demolished casually. It is necessary to meet certain conditions and follow the procedures stipulated by relevant laws and regulations.
Extended data
Tort claim
When an illegal building is infringed by others, there are different opinions in practice whether the infringer should bear the responsibility to stop the infringement and compensate. There is a view that the state (court) should protect legitimate rights and interests, and the court should not protect the rights and interests brought about by illegal civil acts.
The illegal building has not been approved by the relevant government departments, which violates the provisions of the Urban Planning Law and other relevant laws and regulations, and the state should not protect the interests arising therefrom. But I think this view is one-sided. Although illegal buildings are illegal before they are approved by relevant departments, not everyone can destroy them. Illegal buildings can only be handled by relevant departments authorized by law through legal procedures.
Demolition and confiscation of illegal buildings is the statutory duty of administrative organs, and it is an administrative law enforcement act for administrative organs to perform their administrative duties. In addition, it is obviously unfounded for other units and individuals to dismantle, occupy or destroy illegal buildings without authorization.
On the other hand, illegal property cannot be arbitrarily deprived by others just because it is illegal. If the law allows it, it will lead to the proliferation of private rights (such as robbing others of drugs and illegal guns).
Therefore, it is also illegal to dismantle, damage or occupy illegal buildings occupied by others without authorization, which constitutes a civil tort. Of course, the actor should bear civil liability for the economic losses caused by such illegal acts to others.
reference data
Baidu Encyclopedia: Illegal Building