The identification of illegal buildings is mainly based on land management law and urban and rural planning law. Illegal construction refers to buildings, structures and other engineering facilities built in violation of the law; "Illegal buildings in violation of planning" refers to buildings, structures and other engineering facilities built in violation of planning management laws and regulations.
Laws and regulations on illegal buildings
Substantive legal provisions
The solution to the problem of illegal construction is directly stipulated in Article 40 of the Urban Planning Law of People's Republic of China (PRC): "In an urban planning area, if construction is carried out without a construction project planning permit or in violation of the provisions of the construction project planning permit, which seriously affects urban planning, the competent department of urban planning administration of the local people's government at or above the county level shall order it to stop construction and dismantle or confiscate illegal buildings, structures or other facilities within a time limit; If it affects urban planning and corrective measures can be taken, the competent department of urban planning administration of the local people's government at or above the county level shall order it to make corrections within a time limit and impose a fine. "
We can draw the following five conclusions from the above provisions as the basis for handling such disputes:
1. The urban planning department of the local people's government at or above the county level is the administrative department in charge of handling illegal buildings, and has the right to administratively identify illegal buildings;
2. According to different situations, the ways to deal with illegal buildings include: stop construction, dismantle within a time limit, confiscate the formalities and impose fines;
Laws and regulations on house expropriation
The premise of house expropriation is that the compensation fee is paid in full. The compensation fee shall be paid in full before the compensation decision is made, stored in a special account and used for special purposes.
The full compensation fee is a prerequisite to ensure the smooth implementation of house expropriation, and also an important prerequisite to protect the interests of the expropriated person. Full amount in place means that the amount of money and materials used for expropriation compensation should meet the requirements of the expropriation compensation scheme, which can ensure that all expropriated people are compensated according to law and properly placed.
According to the provisions of Article 8 of the Regulations on Expropriation and Compensation of Houses on State-owned Land, the people's governments at the city and county levels shall make a decision on house expropriation:
(a) the needs of national defense and diplomacy;
(two) the needs of the government organization and implementation of energy, transportation, water conservancy and other infrastructure construction;
(three) the needs of public utilities such as science and technology, education, culture, health, sports, environmental and resource protection, disaster prevention and mitigation, cultural relics protection, social welfare, and municipal utilities organized and implemented by the government;
(four) the needs of the construction of affordable housing projects organized and implemented by the government;
(five) the needs of the old city reconstruction organized and implemented by the government according to the relevant provisions of the Urban and Rural Planning Law;
(six) the needs of other public interests as prescribed by laws and administrative regulations.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: 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.