Beijing Banned Illegal Construction Regulations

Original Language Title: 北京市禁止违法建设若干规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346645.shtml

Beijing banned illegal construction regulations

    (November 16, 2010, the Beijing Municipal People's Government at the 78th Executive meeting January 10, 2011, Beijing Municipal People's Government promulgated as of April 1, 2011, No. 228) first in order to strengthen the management of urban and rural planning, suppression and investigation of illegal construction, according to the Beijing municipal urban and Rural Planning Ordinance, these rules are formulated.

    Second stop and investigate and deal with illegal building in the administrative area of the city the present provisions shall apply.

    Water supply, conservation, land management, landscaping and other provisions of relevant laws and regulations prevail. Third illegal construction of illegal buildings, including towns and villages of illegal construction. Towns of illegal construction is the lack of construction project planning permit, temporary construction project planning permit or license content not in accordance with the construction of the urban construction projects, as well as the town fails to dismantle the temporary construction projects.

    Rural refers to illegal construction should be made without rural construction planning permits, temporary rural construction planning permit or license content not in accordance with the construction of the rural construction projects. Prohibited in the Fourth District and county people's Government responsible for the administration of illegal construction work, organize and coordinate the relevant administrative authorities to stop and investigate and deal with illegal construction. Prohibition of illegal construction work within the Township people's Government responsible for the Administration to stop and investigate and deal with illegal construction in rural.

    Prohibited within the subdistrict office responsible for the administration of illegal construction related work.

    Planning administrative departments, their respective responsibilities for the administration of comprehensive urban management enforcement authorities halt and investigate and deal with illegal construction.

    Public security, land, water, and rural work, the urban amenity, heritage, landscape, housing and urban-rural construction, and supervisory departments according to their respective duties, prohibition of illegal construction work.

    Fifth any unit and individual shall comply with town and country planning, subject to planning and management, not for illegal construction, or use of illegal construction in illegal profits.

    People's Governments at all levels and planning administrative departments, administration of comprehensive urban management enforcement authorities for urban and rural planning should be organized advocacy, education, raising awareness of citizens comply with town and country planning.

    The sixth construction of units and individuals have the right to report any illegal behavior. Administrative Department of planning, urban management comprehensive administrative law enforcement organs and the Township people's Government (hereinafter referred to as bodies with investigation responsibilities) a reporting system should be established, to report timely investigation, treatment, and the informer confidential.

    Illegal construction of verified, commendations and awards to informants. The seventh article of the City set against illegal building information-sharing mechanisms.

    Use of city grid management information systems, satellite remote sensing monitoring, e-government network, urban basic geographic information system technology and information resources, establish illegal construction information platform for information exchange and data sharing. Eighth district and county people's Government the establishment of illegal construction inspection system.

    Township people's Governments and neighborhood offices in accordance with the principle of territorial management, patrol, detect and stop illegal construction, and in accordance with the duty to investigate or report to the authorities with investigation responsibilities. Nineth city planning administrative departments direct investigation of illegal construction in the city.

    Planning Administrative Department is responsible for investigating the illegal construction of the following:

    (A) construction project planning permit has been made, the provisional construction project planning permit license content not in accordance with the construction of the urban construction projects;

    (B) construction project planning permit has been made without selection report comments of approval conditions, planning or construction engineering design construction works;

    (C) fails to dismantle the town temporary construction works;

    (D) that did not belong to the city administration comprehensive administrative law enforcement organs, the township government is responsible for the investigation of illegal construction.

    Administration of comprehensive urban management enforcement agencies responsible for the investigation without obtaining the construction project planning permit, temporary construction project planning permit as well as the former subparagraph (b) town planning documents listed in the construction project.

    Villages within the Township people's Government is responsible for investigating the administration of illegal construction, but the revocation of township people's Government set the country of illegal construction in the region of the subdistrict office, has made temporary rural construction planning permission but not in accordance with the permission for the construction, by the administrative departments in charge of planning, planning permit should be made without obtaining the temporary rural construction, comprehensive administrative law enforcement agencies responsible for the investigation by the city administration. Tenth article first discovered illegal construction or receiving the report led to check the executive authorities responsible authorities, do not fall within its jurisdiction, it shall refer the case within 2 business days with investigation responsibilities; found a violation of other provisions of law, inform other administrative bodies shall, within 2 working days.

    Custody of the executive organ shall promptly investigate, and a decision made within 2 working days after written notification check responsibilities. 11th found under construction in cities and towns of illegal construction, have duties of investigation authority shall forthwith be ordered to stop construction.

    Did not stop construction of the parties, and shall report immediately to the location of the illegal construction of county-level people's Government, district and county people's Government may order the county administration of comprehensive urban management enforcement authorities seized the construction site. 12th Administrative Department of planning be ordered to stop construction or discovering towns have built illegal construction, able to take corrective measures to eliminate the effects of plan implementation, should be written in the 20th a rectification; corrected penalty of between 10% 5% per cent of total cost of the construction project.

    It fails or is unable to take corrective measures to eliminate the impact on the planning of cities and towns of illegal construction, can be removed, it should be ordered to dismantle, cannot be dismantled and confiscated illegal income or, and the total cost of the construction project fined a maximum of 10%.

    Comprehensive administration of urban management enforcement agencies ordered to stop construction or discovering towns of illegal construction has been completed, it should be ordered to dismantle in the 20th, cannot be dismantled and confiscated illegal income or, and the total cost of the construction project fined a maximum of 10%.

    Rectification and dismantle period normally not later than 15th. The 13th town fails to dismantle the illegal construction parties, bodies with investigation responsibilities shall, within 5 working days after the expiry, will dismantle the decision and fails to dismantle the district and county people's Government, where the reports of illegal construction. District and county people's Governments shall instruct County comprehensive administrative law enforcement organs, such as the compulsory removal of city management.

    Compulsory before demolition, should develop a programme of work, emergency preparedness, and public security organs, subdistrict offices, municipal services unit with the unit's responsibility. 14th found the town a temporary construction works without temporary construction project planning permit or not in accordance with the temporary license of construction project planning permit for construction or fails to dismantle, bodies with investigation responsibilities should be ordered removed, and the total cost of the construction project fined not more than 1 time.

    Ordered to dismantle hate not later than 15th. 15th Township people's Government found the construction of villages after the illegal construction, shall forthwith be ordered to stop construction, the party did not stop construction may seal up the construction site.

    Ordered to stop building or finding have been built in villages after the illegal construction in the 20th, the Township people's Governments shall make the following:

    (A) shall obtain planning permission without planning permission, do not meet the village plan, dismantle; comply with the village plan, a rectification, it fails, and dismantle.

    (B) have obtained planning permission in violation of planning permission for the construction, rectification, it fails, and dismantle. Rectification and dismantle period normally not later than 15th.

    Village party fails to remove the illegal construction, organization dismantled by the township government, district and county people's Government may order the county urban management, planning, land and rural work, public security and other departments to assist, municipal public service units and local villagers ' Committee shall cooperate.

    16th seized the construction site shall be announced at the scene sealed decision.

    Implement the seizure at the construction site, it shall notify the parties to clean the instruments, objects, parties refusing to clean up, can be seized, and making property list signed by the parties, the parties do not sign, can be confirmed by the local neighbourhood or village Committee of illegal construction.

    Public security organs, the subdistrict office and public service units should be sealed construction site work may be required. 17th forced demolition of illegal buildings, 5th announcements torn in the field to decide in advance, inform the compulsory removal of time, evidence, rights and obligations of the parties, etc. Client is a citizen, notify me or adult members of their families present party is a legal person or other organization, notify its legal representatives or its parent unit responsible, the main person in charge there.

    Refused to be present, it does not affect mandatory demolition. Compulsory removal of the administrative organ shall notify the parties to clean the article, parties refusing to clean up, list of property shall be made and signed by the parties. Not signed by the parties, can be confirmed by the local neighbourhood or village Committee of illegal construction.

    Property compulsory removal of the administrative organ shall be delivered to the designated places, returned to the party, the party rejected, according to escrow.

    Compulsory removal shall be made taking and filming the video. Article 18th could not be demolished towns of illegal construction, shall be confiscated or illegal income in kind.

    In kind in accordance with the relevant provisions of the confiscation by the financial management. Illegal income is calculated according to the sale proceeds of illegal construction.

    Illegal construction is not sold or the proceeds of the sale price significantly lower than the market price of comparable buildings shall entrust a qualified evaluation Agency, determined according to the market price of comparable buildings.

    19th illegal construction of building area, determined in accordance with the following provisions:

    (A) the lack of construction project planning permit for construction and other planning documents, calculated according to the actual number of floor space;

    (B) is not in accordance with the contents of the construction project planning permit for construction, according to the actual increase in floor area calculation;

    (C) is not in accordance with the contents of the construction project planning permit for construction, building height increases but the area does not increase, in accordance with the excess of height and permit high conversion ratio multiplied by the number of licensed area;

    (D) is not in accordance with the contents of the construction project planning permit for construction, building locations and does not match the license area does not increase, in accordance with its location beyond the conversion.

    While the above (b) through (d) of two or more cases, illegal construction of floor space are calculated or the corrected total. 20th article cannot be determined illegal construction in the construction of units or owners, managers, authorities with investigation responsibilities through public media or location of the illegal construction announcements urging illegal construction in the form of unit or its owners, managers, shall be subject to processing, notice period shall not be less than 5th.

    Expiry of the notice period, is still uncertain, the project owner, owners, management or its rejection, organ with investigation responsibilities by the city or district people's Government is forced to dismantle or confiscated.

    21st with illegal construction for place of business of, the relevant administrative authorities shall apply the relevant license.

    Authorities with investigation responsibilities make a rectification or dismantle a decision, it shall notify the Department of housing administration suspending housing registration formalities; corrected according to law by the parties, it shall promptly inform the housing Administrative Department.

    Municipal public service units for processing water, electricity, gas, heating and other services when should be the identification of construction project planning permit or certificate of house property right, no planning permit or certificate of house property right shall not provide services.

    22nd have investigation responsibilities of authorities of illegal construction in the course of investigation, you can check out materials or obtain, copy the relevant evidence, the authorities concerned shall cooperate.

    23rd article in the completed residential buildings (Villa) in the region, without building, rebuilding, expansion, renovation of various buildings and structures.

    Residents ' and villagers ' committees and property management service found that acts of illegal construction in the region, and the power to stop, and timely reports to the authorities with investigation responsibilities.

    24th administrative organs have the following failure to comply against illegal construction-related duties, by competent authorities or organs ordered corrective action and criticized the managers directly responsible and other persons directly responsible shall be given administrative sanctions:

    (A) the authorities with investigated responsibilities of illegal construction is not investigated or upon receipt of the report not dealt with according to law;

    (B) in township people's Governments and neighborhood offices do not perform inspections, curb, reporting responsibilities;

    (C) the relevant Administrative Department for illegal construction for place of business units or individuals apply for licenses.

    25th hinder executive staff from performing their duties, as well as concealing, transferring, selling or damaging of administrative law-enforcement organs seized property, the public security organs shall be punished.

    26th article this article 12th referred to take corrective measures to eliminate illegal construction of influence on the planning of towns, including:

    (A) the lack of construction project planning permit, but has entered the planning approval process and obtain the approval of planning documents, and planning for construction of the contents of the file;

    (B) is not in accordance with the provisions of the planning permit of construction engineering construction, but can be achieved by rebuilding or partially dismantled and licensed content;

    (C) the State and this municipality is in the public interest.

    27th 12th of these rules the town cannot be removed by illegal construction, refer to a qualified design and construction engineering quality examination institutions found that demolition of illegal construction parts, apply existing technology cannot guarantee the structural safety of the building construction town of illegal construction.

    28th article of the requirements prior to the implementation of rural collective construction land has built rural infrastructure, public facilities, as well as individual farmers in villagers ' houses have been built on the original homestead, planning permission shall be obtained in accordance with regulations and failure to obtain planning permission, but conform to the village planning and construction administration of construction permits and other provisions on the quality management of the construction project, be ordered to rectify, improve administrative procedures. 29th these provisions come into force on April 1, 2011. On November 2, 1999, the Beijing Municipal People's Government, the 43rd release, November 23, 2007 order No. 200 of Beijing municipality to modify certain provisions of Beijing municipality on the prohibition of the illegal construction of the 44th and November 2, 1999, the Beijing Municipal People's Government Decree, November 23, 2007, the Beijing Municipal People's Government order No. 200 modifications of the Beijing City Planning Ordinance abrogated the administrative penalties.