In recent years, there are more and more private buildings and illegal buildings, which seriously affect the urban landscape and urban development, damage the public interest and cause potential safety hazards
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The special rectification work of private construction and illegal construction currently being carried out in our city is an important measure to build a modern, international and beautiful provincial capital city
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Today, we talk about the topic of demolishing illegal buildings from the legal level
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1、 What procedures should be handled for legal construction? When it comes to illegal construction, we should first understand what procedures should be handled for legal construction
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Land is the foundation, and no building is a castle in the air
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For new buildings, first of all, legal land use examination and approval procedures should be handled; Secondly, after obtaining the land, including the reconstruction or expansion of existing buildings, they must comply with the planning and go through the planning approval procedures; In addition, for legal construction activities, the construction permit shall also be handled according to the construction area or investment amount
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At the same time, the quality, fire control and other relevant procedures will also be involved in the process of handling the procedures; After the completion of the building, the completion acceptance shall also be handled, so as to ensure the legitimacy and safety of the building, and then handle the property right registration
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2、 What are the manifestations of illegal construction? In practice, there are many forms of illegal buildings, which are embodied as follows: private construction along the street and private construction in the community; Unauthorized occupation of main and secondary roads for construction; Rebuild, reconstruct or expand the house without approval; Illegally occupying land for building houses; Building houses without planning approval
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3、 What is the harm of illegal construction? Illegal construction not only violates laws and regulations, but also encroaches on public resources and public interests, and poses a great threat to the personal and property safety of the people
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For example, the collapse of Quanzhou Xinjia Hotel and Shanxi Linfen Hotel, which killed 29 people in 2020, are all caused by illegal construction
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These illegal construction or without any approval procedures, or unauthorized addition and reconstruction, not only have potential construction safety hazards, but also major fire hazards
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The bloody reality tells us that the existence of illegal buildings is always threatening the safety of people’s lives and property
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4、 What laws and regulations have illegal buildings violated? Illegal buildings violate many laws, regulations and provisions, mainly including the land administration law of the people’s Republic of China, the urban and rural planning law of the people’s Republic of China, the construction law of the people’s Republic of China, the fire protection law of the people’s Republic of China, the regulations of Shijiazhuang on the administration of city appearance and environmental sanitation, the regulations of Shijiazhuang on property management, etc
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5、 What are the legal consequences of illegal construction? According to relevant laws and regulations, the legal consequences of illegal construction include but are not limited to fines, demolition, confiscation, etc., and serious cases may also be suspected of criminal responsibility
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6、 What is the significance of demolishing illegal buildings? The strict demolition of illegal buildings according to law can be described as killing three birds with one stone: first, it has strictly implemented the provisions of laws and regulations, reflecting the authority of the law; Second, protect the safety of people’s lives and property; Third, it can make the city cleaner and more beautiful
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Public spaces such as roads, green spaces and parks are also provided to the people to safeguard social fairness and justice
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7、 What is the difference between demolition violation and house expropriation compensation? Although both buildings are demolished, the legal nature of the two is quite different
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Expropriation compensation refers to the national public interest
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It is aimed at legitimate property and compensated in accordance with the relevant provisions of the civil code, the regulations on Expropriation and compensation of houses on state-owned land and the land management law
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Illegal construction cannot be compensated because it has no legal source of ownership and is not legal property
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8、 How to define illegal buildings in urban villages? Buildings in urban villages shall be treated separately according to new and old buildings
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Old buildings can maintain the status quo; Whether the newly-built, reconstructed and expanded buildings in recent years constitute illegal construction should mainly consider two factors: first, whether the land use, planning, construction and other procedures have been handled in accordance with relevant regulations; Second, if the relevant procedures have been handled, whether the construction is carried out in accordance with the procedures
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If the two requirements are not met at the same time, it should be recognized as illegal construction and given administrative punishment in accordance with relevant laws and regulations
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9、 Is it illegal to convert residential houses to commercial use? According to the urban and rural planning law of the people’s Republic of China, the regulations of Hebei Province on urban and rural planning, the regulations of Shijiazhuang city on property management and other laws and regulations, buildings must be used according to the approved purpose and shall not be changed without approval
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Changing the purpose or rebuilding without approval not only violates relevant laws and regulations, but also increases hidden dangers such as building safety and fire safety, It may also infringe on the interests of relevant interest subjects and surrounding residents
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10、 How to solve the private building and disorderly construction in the community? Establish a joint responsibility system and a multi-party supervision system
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According to the relevant provisions of the regulations of Hebei Province on comprehensive administrative law enforcement of townships and streets and the regulations of Shijiazhuang city on property management, the neighborhood committee and property management unit shall take the first responsibility system
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If it is found that private buildings and disorderly construction are stopped and reported at the first time and refuse to correct, the township government (neighborhood office) and comprehensive law enforcement department shall issue a notice of rectification within a time limit, and refuse to rectify within the time limit, Make a decision on administrative punishment and forcibly dismantle it according to law
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11、 Specific suggestions on dismantling violations? The special rectification action against illegal construction in Shijiazhuang is not only to return the urban space, urban image and urban environment to the people, but also to eliminate potential safety hazards and comply with relevant laws and regulations
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At the same time, in the follow-up rectification of illegal construction, we should continue to adhere to the four principles of “accurate definition, classified disposal, legality and evidence, and standardized procedures”
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I also remind you to strictly abide by the law and discipline
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During construction, you should go through land use, planning, construction and other procedures according to law to avoid your own property losses
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welcome
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