What if the building is demolished illegally?

1. You can call the urban construction service hotline to report the demolition and illegal construction. After the phone call, the computer system will record it, and let the complainant leave his phone number and address, and the information will be summarized to the Municipal Urban Management and Law Enforcement Bureau, which will handle it together with the Urban Management and Law Enforcement Bureau where the illegal construction report is located. At the same time, the Letters and Calls Section of the local urban management department will send a short message to the complainant to inform him that the complaint has been handled.

2. You can go directly to the local administrative department at the next higher level to complain and report the injustice of illegal construction and forced demolition. If the illegal building is directly demolished without legal procedures and the party concerned refuses to accept it, it may apply for administrative reconsideration or bring an administrative lawsuit. Whether the forced demolition of illegal buildings is legal or not depends on whether the procedure of forced demolition is legal or not. If forced demolition is carried out in accordance with the procedures prescribed by law, it is legal; if the forced demolition procedure is illegal, it is illegal. If illegal buildings, structures and facilities need to be dismantled according to law, 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.

I. Precautions for Forced Demolition of Illegal Buildings

1, warn to leave first. Before the forced demolition, it is still up to the demolition people, the demolition authorities, grass-roots organizations and people engaged in legal work to persuade the relocated households, explain the truth and interests, and try their best to urge the relocated households to weigh the gains and losses, change their ideas and take the initiative to let the houses be demolished. If it really doesn't make sense, it will be demolished by force.

2, comprehensive preservation of evidence. Before the implementation of compulsory demolition, the demolition person shall apply to the notary office for evidence preservation on the relevant matters of the demolished house. Before the forced demolition of houses, notaries shall be invited to be present to record, photograph, record and register the property status of the houses and furniture of the relocated households, and the relevant personnel shall sign for confirmation to prevent disputes from occurring for future reference.

3. Take care of your property. When demolishing a house, it shall notify the person in charge of the unit where the family members of the demolished person are located, and the neighborhood offices, neighborhood committees and demolished persons shall be present, and the property of the demolished person shall be counted and registered one by one, and shall be handed over to the demolished person after being signed by the above-mentioned personnel and the compulsory demolition staff. Refuse to accept the demolition, can be centralized and unified custody, shall not be damaged or lost.

4. Ensure personal safety. Pay attention to the ideological trends of the relocated households and persuade them at any time. The public security organ may take compulsory measures according to law to ensure the personal safety of the relocated households or other personnel who really hinder the forced demolition of houses, act excessively and have serious circumstances.

5. Follow up afterwards. After the implementation of compulsory demolition, although the house was demolished, it does not mean that the contradiction has been solved. In the case of disputes between the demolition and the demolition, disputes between the demolition and the demolition authorities and the local people's government will often form. Relevant departments and units should continue to follow up and do a good job in resolving contradictions.

Second, the identification standard of illegal buildings

1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;

2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;

3, without changing the nature of the use of buildings;

4. Set the temporary building into a permanent building without authorization.

Three, the method of complaining about illegal construction is as follows

1, illegal urban construction, you can complain to the urban management department or the Planning Bureau;

2. If the complaint department does not handle the complaint after receiving it, the whistleblower can report it directly to the local people's government or the superior land and resources department;

3, you can call the urban construction service hotline for telephone reporting;

Informants can also use online media to attract public attention.

4. What are the criteria for identifying illegal buildings?

1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;

2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;

3, without changing the nature of the use of buildings;

4. Set the temporary building into a permanent building without authorization.

5. What are the main illegal buildings?

1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;

2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;

3. Do not change the nature of the building;

4, after the construction of temporary buildings over the period of validity has not been removed into permanent buildings;

5. Buildings constructed by forging relevant materials to defraud the permission of the competent department.

6. Do I have to pay for illegal buildings?

There is no need to lose money for illegal buildings. Those who are identified as illegal buildings have no right to claim compensation for demolition. After the competent department of urban and rural planning has made a decision to stop construction or dismantle it within a time limit, if the parties fail to stop construction or dismantle it within the time limit, they can directly force the demolition without compensation.

Seven, illegal forced demolition report to which department?

Report to the public security organ immediately if illegal forced demolition is found, or apply for administrative reconsideration to the demolition department or bring an administrative lawsuit to the court. No unit or individual may force the expropriated person to move by means of violence, threat or violation of regulations to interrupt water supply, heat supply, gas supply, power supply and road traffic. Construction units are prohibited from participating in relocation activities.

8. Where can I complain about illegal buildings?

In violation of laws and regulations, you can complain to the competent department of urban and rural planning of the local people's government at or above the county level, or to the city comprehensive management law enforcement bureau; Order the construction unit to make corrections and stop construction. If no correction is made within the time limit, illegal buildings can be demolished.

Is it illegal to rent illegal buildings?

Is it illegal to rent illegal buildings? For the lessor, although the contract is invalid because the house is illegal, the self-built house is still the property it occupies before it is demolished. After the contract is invalid, the lessor may require the lessee to return the house. If the lessee damages the house and its facilities during the lease period, the lessor has the right to require the lessee to restore the original state or compensate for the losses. More importantly, the lessor has the right to ask the lessee to pay the occupation fee during the period of its occupation of the house.

legal ground

People's Republic of China (PRC) Urban and Rural Planning Law

Article 66 Where a construction unit or individual commits one of the following acts, the competent department of urban and rural planning of the local municipal or county people's government shall order it to be demolished within a time limit and may impose a fine of less than one time the cost of the temporary construction project:

Temporary construction without approval;

(two) temporary construction is not carried out in accordance with the approved content;

(three) temporary buildings and structures are not removed within the approved period.

Land Management Law of the People's Republic of China

Article 77 Where land is illegally occupied without approval or by deception, the competent department of natural resources of the people's government at or above the county level shall order it to return the illegally occupied land; Violation of the overall land use planning, unauthorized conversion of agricultural land into construction land, demolition of new buildings and other facilities on illegally occupied land within a time limit, and restoration of land to its original state; In line with the overall land use planning, it shall be confiscated and may be fined; The person in charge and other persons directly responsible for the illegal occupation of land units shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Those who occupy land in excess of the approved amount shall be punished as illegal occupation of land.

People's Republic of China (PRC) building law

Twenty-sixth units that contract construction projects shall hold qualification certificates obtained according to law and undertake projects within the business scope permitted by their qualification grades.

Construction enterprises are prohibited from exceeding the business scope permitted by their qualification grades or contracting projects in the name of other construction enterprises in any form. Construction enterprises are prohibited from allowing other units or individuals to use their qualification certificates and business licenses to undertake projects in their own names in any form.