How to solve the problem of illegally building houses?

According to the law, any residential building must be approved by the city planning department in advance, and the planning department will not approve the building that the other party "built in the corner of his yard" or "higher than your balcony floor", so it can be determined that the other party is an illegal building, and you can directly complain to the local urban management department and ask for compulsory demolition.

Illegal buildings belong to the demolition offices or urban construction departments of townships, towns and sub-district offices at all levels. Urban management is only responsible for the later demolition work, and is not responsible for accepting reports of illegal buildings. I suggest you contact the urban construction department or the demolition office to reflect.

1. Identification basis of illegal buildings. According to the provisions of the Urban and Rural Planning Law, if buildings, structures, roads, pipelines and other projects are built in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county or the people's government of the town determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.

2. China's laws clearly stipulate that the demolition of illegal buildings and temporary buildings exceeding the approved period will not be compensated. This regulation effectively curbed the survival and spread of illegal buildings and protected the interests of development and construction units.

3. However, in practice, administrative organs and people's courts often ignore the identification of houses, and directly take whether the person subjected to execution has a house license as the basis for defining illegal buildings, that is, all houses without licenses are regarded as illegal buildings. In fact, whether it is a citizen's legitimate property must be based on the relevant laws of the country.

4. According to the Urban and Rural Planning Law, the competent department of urban and rural planning of local people's governments at or above the county level or the people's governments of townships and towns are the administrative departments in charge of handling illegal buildings in cities and townships and villages, respectively, and have the administrative law enforcement power to deal with illegal buildings. Of course, they are also the confirmation organs of illegal buildings. Even the people's courts have no right to confirm the nature of illegal buildings in the process of hearing and executing cases.

Extended data

The following buildings and structures without the permission of the planning administrative department are illegal buildings referred to in the planning regulations and shall be handled by the planning administrative department:

(a) Houses and buildings with elevated roofs;

(two) buildings and structures in the courtyard of garden houses and apartments;

(three) buildings and structures attached to the external walls of houses built in neighborhoods, lanes and new villages;

(four) temporary buildings and structures that have not been demolished and have not occupied roads within the time limit.

References:

Baidu Encyclopedia: Illegal Building