How to demolish illegal buildings

Living in the city needs to obey many rules. Due to the increasing urban population, China has become more and more strict in urban management. Many times there will be many illegal buildings in the city, but how to deal with illegal buildings is a very distressing thing. In general, the demolition of illegal buildings also needs to follow a certain process. Next, I will answer your question about how to demolish illegal buildings.

First, how to dismantle illegal buildings.

First, file a case. Filing a case is an activity that law enforcement departments decide to investigate and deal with as an administrative case when they find or receive complaints, reports and other facts or materials and think that illegal facts have occurred or exist and need to be investigated for legal responsibility.

Second, the investigation procedure. In the investigation, we should pay attention to the following points: First, there should be no less than two investigators. Secondly, investigators should take the initiative to show their law enforcement certificates.

Third, the decision-making process. The first is to inform and listen to statements and arguments. This is mainly to protect the punished person's right to know, to state and to defend. Before making a decision on punishment, law enforcement officers will generally inform the punished person in writing of the facts, reasons and basis of administrative punishment. The punished person has the right to state and defend himself. If law enforcement officers refuse to listen to the statements and arguments of the parties, the decision on administrative punishment cannot be established. Then there is the hearing, which refers to the procedure that the administrative organ, before making a decision, is presided over by investigators who have nothing to do with the case, and listens to the facts and evidence put forward by the investigators, the suggestions and legal basis of administrative punishment, as well as the statements, proofs, cross-examination and arguments of the parties.

The fourth is the delivery and execution of the punishment decision. If the law enforcement organ decides to implement the punishment, it will make and deliver the "Decision on Administrative Punishment" to the punished person.

Second, the legal provisions related to illegal construction

Eleventh local regulations may set administrative penalties other than restricting personal freedom and revoking the business license of enterprises.

Laws and administrative regulations stipulate administrative penalties for illegal acts, and if local regulations need to make specific provisions, they must be stipulated within the scope of acts, types and ranges of administrative penalties stipulated by laws and administrative regulations.

Twelfth regulations formulated by the ministries and commissions of the State Council can make specific provisions within the scope of administrative punishment acts, types and ranges stipulated by laws and administrative regulations.

Where laws and administrative regulations have not been formulated, the regulations stipulated in the preceding paragraph formulated by the Ministry of the State Council and the Committee may set administrative penalties such as warnings or a certain amount of fines for acts that violate the administrative order. The limit of fines shall be stipulated by the State Council.

The State Council may authorize the directly affiliated institutions with the power of administrative punishment to implement administrative punishment in accordance with the provisions of the first and second paragraphs of this article.

Article 13 The regulations formulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, the people's governments of cities where the people's governments of provinces and autonomous regions are located and the people's governments of larger cities approved by the State Council can make specific provisions within the scope of administrative punishment acts, types and ranges stipulated by laws and regulations.

If laws and regulations have not been formulated, the regulations formulated by the people's government as stipulated in the preceding paragraph may set administrative penalties such as warnings or a certain amount of fines for acts violating management order. The limit of fines shall be stipulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.

Article 14 Except for the provisions of Articles 9, 10, 11, 12 and 13 of this Law, no administrative penalty may be imposed on other normative documents.

Three, illegal building compulsory demolition procedures

1, case acceptance registration;

2. On-site investigation records;

3. Issue the Notice of Stop Work (Verification) (Note: a. A written explanation of the above behavior; B, my identification materials; C, housing related materials);

4, fill in the "case filing approval form" (sign the undertaker's opinions and basis, and then report to the leadership for approval and make an investigation record);

5. Make a record of investigation and inquiry.

The above is about how to dismantle illegal buildings for you. The existence of illegal buildings in cities is not only a phenomenon that damages the appearance of the city, but also has certain dangers.