Illegal construction refers to违章 buildings that have not been approved by the relevant departments.
Regulations on the management of illegal urban constructions:
Article 1: In order to facilitate the rectification of illegal constructions and improve the appearance of the city, according to the "Urban Construction Planning Management Regulations" (hereinafter referred to as the "Planning Regulations") and the "Urban Public Housing Management Regulations" (hereinafter referred to as the "Public Housing Regulations"), these regulations are formulated.
Article 2: The following constructions without the consent of the public housing property owner are considered as violations of the "Public Housing Regulations" (hereinafter referred to as illegal constructions), which will be handled by the housing management department:
(1) Fully or partially enclosed buildings or structures built on balconies;
(2) Fully or partially enclosed buildings or structures built in courtyards.
Article 3: The following constructions without the permission of the planning management department are considered as violations of the "Planning Regulations", which will be handled by the planning management department:
(1) Buildings added to the roof or elevated house tops;
(2) Buildings or structures within the courtyards of garden residences and apartments;
(3) Buildings or structures attached to the exterior walls of houses in neighborhoods, lanes, and new villages;
(4) Temporary construction buildings or structures not occupying roads that have not been dismantled after expiration.
Article 4: Buildings or structures occupying roads (including sidewalks) without the approval of the public security department and the planning management department, or although approved but not dismantled after expiration, shall be handled by the public security department or jointly handled by the public security department and the planning management department.
Article 5: Without the consent of the public housing property owner and the permission of the planning management department, partially enclosed buildings or structures built on drying platforms are considered as illegal constructions, which will be handled by the housing management department; fully enclosed buildings or structures built on drying platforms are considered as illegal constructions, which will be investigated by the housing management department and then transferred to the planning management department for handling.
Article 6: House additions without obtaining a "Construction Engineering Planning Permit" and without the consent of the public housing property owner are considered serious violations obstructing urban planning.
Article 7: Illegal constructions with any of the following circumstances are considered as violations obstructing public safety and traffic:
(1) Built on roads (including sidewalks) and within the passages of neighborhoods, lanes, and new villages;
(2) Suspended constructions utilizing the gaps between buildings or extending beyond building boundaries;
(3) Buildings or structures exceeding the load-bearing capacity of the original structure;
(4) Built on municipal and public facilities (including underground pipelines);
(5) Other constructions that have already obstructed or may obstruct public safety and traffic.
Article 8: Illegal constructions and illegal buildings outside the scope of Articles 2, 3, 4, and 5 of these regulations shall be handled according to the relevant provisions of the "Public Housing Regulations" and the "Rules Regulations".
Article 9: After being reported and approved by the district (county) people's government, the district (county) housing management department and the planning management department can entrust the street office (township, town people's government) to exercise part of the powers to handle illegal constructions and illegal buildings. The street office (township, town people's government) exercises power in the name of the competent authority within the scope of the entrusted authority.
Article 10: If two or more competent authorities of the district (county) have disputes over their duties and powers in the process of rectifying illegal constructions and illegal buildings, the relevant department designated by the district (county) people's government shall coordinate; if coordination fails, the district (county) people's government shall make a decision.
Article 11: Serious violations obstructing urban planning should be dismantled within a time limit or confiscated in accordance with relevant laws and regulations.
Article 12: For illegal constructions and illegal buildings, where it is necessary to correct, dismantle, or confiscate them according to law, fines alone cannot be used as substitutes.
Article 13: Illegal constructions in private-public shared buildings shall be handled in reference to the relevant provisions of the "Public Housing Regulations".
Article 14: For illegal buildings under construction, once discovered by the relevant competent authority, an immediate stop-work order shall be issued; if they continue construction despite persuasion, forced demolition may occur.
Article 15: For illegal constructions obstructing public safety and traffic, the district (county) people's government shall organize the planning management department, the public security department, etc., to dismantle them according to the following procedures:
(1) The planning management department investigates and collects evidence according to its authority and clarifies the facts of the illegal construction;
(2) The planning management department issues a decision letter to the parties ordering them to dismantle the illegal construction within a time limit. Among them, for large-scale illegal constructions, the district (county) people's government first issues a unified rectification notice. Parties who are dissatisfied with the decision letter may apply for administrative reconsideration or initiate administrative litigation according to law.
(3) If the parties fail to dismantle the illegal construction themselves within the time limit, the district (county) people's government shall organize relevant departments to forcibly dismantle it.