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Beijing Banned Illegal Construction Regulations

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

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The Beijing City prohibits the construction of a number of provisions of the law

(Adopted at the 78th ordinary meeting of the Government of Beijing, 16 November 2010, by Order No. 228 of 10 January 2011 of the People's Government of Beijing, on 1 April 2011)

In order to strengthen urban and rural planning management, to put an end to and investigate violations, this provision has been developed in accordance with the Beijing Urban and Rural Planning Regulations.

Article 2

The relevant laws and regulations, such as water, material protection, land management, parking greening, are otherwise provided.

Article 3 Towns are in conflict with the law of the construction of a licence for construction of engineering planning, a licence for temporary construction engineering planning or a town construction work that has not been carried out in accordance with the licence content, as well as a temporary construction of the previously removed town. Village law-related construction refers to village-building planning licences that should be obtained without access to rural construction planning permits, temporary village construction planning permits or village construction works that are not carried out in accordance with the licence.

Article IV is the responsibility of the Government of the People of the District to prohibit the construction of the law within the present administration and to organize, coordinate the efforts of the relevant administrative bodies to end and identify the violations. The Government of the commune is responsible for the prohibition of unlawful construction within the current administration and for the suppression and investigation of the construction of rural law. The Street Office is responsible for prohibiting the construction of related work in the present administration.

The planning of administrative authorities, the integrated administration of urban management law enforcement agencies, in accordance with their respective responsibilities, stops and investigates violations.

In accordance with their respective responsibilities, the public security, the land, water, rural work, the city's constituency, the protection of property, the greenization of gardens, the construction of housing rural and urban areas and the inspection are carried out to prohibit the construction of the law.

Any unit and individual should be subject to urban and rural planning, subject to planning, shall not be subject to the construction of the law, or to the use of the law to build illegally profit.

All levels of the people's Government and the planning of administrative authorities, integrated urban administration enforcement agencies should organize advocacy, education and awareness raising of citizens' compliance with urban and rural planning.

Any units and individuals in Article 6 have the right to report violations of the construction of the law.

The planning of administrative authorities, the Integrated Administration of Urban Management and the Town People's Government (hereinafter referred to as the body responsible for the identification) should establish a reporting system to investigate, process and confidential the reporting person. The construction of the law is evidence-based and rewarded by the author.

Article 7. The use of technical instruments and information resources, such as the Urban Network Gender Management Information System, Satellite Remote Sensing Monitoring, e-government networks, urban-based geographic information systems, and the establishment of information platforms prohibiting violations and achieving information interchange and data-sharing.

Article 8 The commune Government, the Street Office, in accordance with the principle of territorial management, reinforces the conduct of the investigation, promptly discovers, stops the construction of the law and reports to the authorities responsible for the investigation.

Article 9 Planning the administrative authorities are responsible for the following violations:

(i) Town construction works that have been granted a licence for construction planning, a licence for temporary construction engineering planning but have not been established in accordance with the licence content;

(ii) The construction of town construction works that have not been granted a licence for construction of engineering planning but have been made available for selection, planning or construction of engineering design programmes to review the agreed opinion;

(iii) Interim construction works for towns that have not been dismantled;

(iv) Other violations that do not belong to the Integrated Administration of Urban Management, the Government of the Towns is responsible for the investigation.

The Integrated Administrative Enforcement Authority of Urban Management is responsible for the identification of towns that do not have access to construction planning permits, temporary construction engineering planning permits and planning documents listed in subparagraph (b) of the previous paragraph.

The commune Government is responsible for the identification of village violations within this administrative area, but the construction of village law in the area where the commune government has set the streets' offices has obtained temporary village planning permits but has not been established in accordance with the licence content, which are to be determined by the planning administration authorities, which should be granted no temporary village planning permits, and is responsible for the integrated urban administration.

Article 10 first found that the law was established or the administrative body that had been reported was the first responsible body, not subject to its jurisdiction, and that the material of the case should be transferred within two working days to the body responsible for the investigation; and that other administrative bodies should be informed within two working days. The administrative organ to be transferred shall be promptly inspected by law and, after two working days after the decision has been taken, shall notify the first responsible organ.

Article 11 found that the construction of towns under construction was in conflict with law and that the body responsible for the investigation should cease construction in writing immediately. The parties should report immediately on the Government of the People's Government of Districts in the area of conflict-based construction, and the People's Government of the District may entrust the authorities, such as integrated administrative law enforcement, in district cities.

Article 12 Planning of administrative authorities to put an end to the construction of or to discover that the construction of towns has been completed, and corrective measures to eliminate the impact on the planning implementation should be taken within 20 days, with a written order of up to 10 per cent of the total construction of the construction work. Removal measures to eliminate the violation of the urban areas affected by the planning implementation should be carried out to the extent that they are not dismantled, forfeiture or forfeiture, and forfeiture in kind or forfeiture income, which can be fined up to 10 per cent of the total construction cost.

The Integrated Administrative Enforcement Authority of Urban Management is responsible for halting construction or discovering that the construction of town law has been completed, which should be removed within 20 days, cannot be dismantled, forfeiture or forfeiture incomes, and can be fined up to 10 per cent of the total construction work.

The time period for the conversion of the period of time and the removal of the deadline is generally not more than 15 days.

Article 13 provides for a period of five working days after the expiry of the period of time, the authorities responsible for the investigation shall report to the local government of the area where there is a violation. The people of the district should be tasked with the imposition of forced demolitions by institutions such as integrated administrative law enforcement in district cities. Prior to the imposition of forced demolitions, work programmes, emergency prestigation cases should be developed and the duties of the public security authorities, street offices, municipal service units.

Article XIV found that temporary construction works in town were not granted a licence for temporary construction work planning or were not constructed in accordance with the licence elements for temporary construction planning, or that the body responsible for the inspection should be responsible for the removal of the deadline and could be fined up to double the overall construction of the construction works. The period of removal of the time limit is not more than 15 days.

Article 15 The commune Government has found that the construction of village law is under construction and should be immediately written in order to stop construction and the parties are not in a position to stop construction and can envelope the construction site. The Government of the town should address the following 20 days after the construction of the village law that has been constructed or has been discovered:

(i) Planning permits should be obtained without planning permits, which are not in line with village planning, the removal of deadlines, in line with village planning, the change of time limits and the impossibility of the period of time.

(ii) A planning licence has been granted, but a period of time has been changed in violation of the planning licence content and the deadline for the removal of the deadline.

The time period for the conversion of the period of time and the removal of the deadline is generally not more than 15 days. Village law-building parties have been dismantled by the communes' Government, which can be tasked with the assistance of the district municipalities, planning, land, rural work, public safety, and that the municipal service units and local villagers' councils should be synchronized.

Article 16 shall be sealed on the ground.

In carrying out the envelope construction site, the parties should be informed that the relevant tools, goods, the parties refuse to clean up, can be sealed together and the production of the list of property is confirmed by the parties and that the parties are not signatories and may be confirmed by the Commission of Residents of the Force, the Villagers Commission.

Public security authorities, street offices and municipal public service units should be synchronized with the work on the envelope.

Article 17 imposes the removal of unlawful construction and should be issued in advance on the ground, to inform the enforcement of the time, the relevant basis, the rights and obligations of the parties. The parties are citizens, notifying themselves or their adult family members to the place; the parties are legal persons or other organizations, notifying their legal representative, the principal head or the head of their parent office. The denial does not affect the imposition of forced evictions.

The executive body responsible for the enforcement of the forced removal should notify the parties of the cleaning of the relevant goods and the parties' refusal to clean it, and shall produce the list of property and be confirmed by the parties. The parties are not signatories and may be confirmed by the Commission of Residents in the Confidentiality of the Construction of the Territory and the Villagers. The executive body responsible for the enforcement of the forced removal should transport the property to the designated place and return to the other party, the parties refused to receive and be bound by law.

The enforcement of forced demolitions should produce a record and a video.

Article 18 does not dismantle the construction of towns in conflict with the law and shall be confiscated in kind or in violation of the law. Forfeiture is governed by the relevant provisions.

The proceeds of the offence are calculated in accordance with the cost of the sale of proceeds in violation of the law. The price of the non-recognition or sale of proceeds is clearly lower than that of the same type of construction market prices, and a qualitative assessment of the institution should be commissioned to determine the same construction market prices.

Article 19

(i) No construction of engineering planning licences and other planning documents, based on actual construction size;

(ii) No construction based on the elements of the construction engineering planning licence, based on the actual increase in the number of construction area;

(iii) In the absence of construction of a licence for construction, a high increase in construction but no increase in the area of construction, which is converted to the authorized building area at a higher rate than in part of the licence building;

(iv) Without construction in accordance with the construction work planning licence content, the location of the construction is not in accordance with the licence but there is no increase in the area of the construction, which is in excess of its place.

At the same time, subparagraphs (ii) to (iv) above provide for more than two conditions, and the area of construction in conflict with the law has been calculated or converted into effect.

Article 20 is not in a position to determine the establishment of units in conflict with the law or the owner, the manager, and the body responsible for the investigation may, in the form of a public media or a declaration in the area of the establishment of the law, be subject to the law by the author, the notice shall not be less than 5 days. The period of closure of the public notice is still not possible to determine the establishment of units, owners, administrators or their refusal to accept the treatment, and the organ responsible for the identification is forced to dismantle or forfeiture after the approval of the municipal or district peoples' governments.

Article 21 builds the place of operation in violation of the law, and the relevant administrative authorities shall not conduct the relevant evidence in accordance with the law.

The authorities responsible for the identification process or the removal of the decision, shall notify the housing administration authorities of the suspension of the house registration process; the parties shall communicate to the housing administration authorities in a timely manner, in accordance with the law.

In the case of the municipal public service unit for the processing of services such as water, electricity, gas, heating, etc., a licence for the construction of construction works or a housing property certificate shall not be provided accordingly for any planning licence or housing property certificate.

In the course of the investigation into the law, the organs responsible for the investigation are consulted, consulted and replicated the relevant evidence material, which should be synchronized.

Article 23 does not allow for new construction, alteration, expansion, and the construction of various buildings and construction materials within the already built-in residential building (including Villa).

The Council of Residents, the Village Council and the Carriage Services Enterprises have found violations in the region and have the right to stop them and to report promptly to the body responsible for them.

Article 24: The executive body has the following non-implementation of the prohibition of the establishment of the relevant functions in conflict with the law, which is redirected by the relevant authorities or the supervisory authority, to inform the critics of the administrative disposition of the competent and other direct responsible personnel directly responsible:

(i) The body responsible for the investigation found that the law was not established or was not dealt with in accordance with the law after the notification;

(ii) The Government of the town and the street offices do not carry out the duties of travelling, stopping and reporting;

(iii) The relevant administrative authorities conduct the relevant evidence for the construction of units or individuals operating in the context of the law.

Article 25 hinders the enforcement of functions by the staff of the executive branch in accordance with the law, as well as the concealment, transfer, sale or destruction of the property seized by the administrative law enforcement authorities by law.

Article 26

(i) No construction planning permit has been obtained, but it has entered the planning approval process and has obtained the approval of the approved planning document and has been constructed in accordance with the content of the planning document;

(ii) No construction in accordance with the construction of engineering planning licences, but it can be achieved by alteration or partial removal to be consistent with the licence content;

(iii) The State and the city provide for public interest.

Article 27 of this Article states that towns that cannot be dismantled are in conflict with the law of the town, which is considered by the competent design units and the construction of quality testing institutions, that the demolition of the building is a part of the law and that the application of existing construction technologies cannot guarantee the security of the overall structure of the building.

Article 28 of the present provision has been established in all the construction sites of farmers, in rural infrastructure, public interest facilities and in farmers' individuals who have completed village homes in their original home base, without planning permits, in accordance with the provisions of the regulations, but in line with village planning and construction work permit management and other construction quality management provisions, the time limit can be changed and the administrative procedures are improved.

Article 29 The Administrative Punishment of the Beijing Urban Planning Regulations was also repealed by Decree No. 43 of 2 November 1999 of the Government of the People of Beijing, which was amended in accordance with Order No. 200 of 23 November 2007 of the Government of the People of Beijing and 2 November 1999 and by Order No. 44 of the Government of the People of Beijing City of 2 November 1999, as amended by Order No. 200 of the Beijing People's Government of 23 November 2007.