The hotel added an elevator, but the city management refused to install it.

Hello, you need to prepare relevant materials and get the approval of the urban management before you can install the elevator, and it can't affect the occupation.

(1) According to the current local regulations, it is not necessary to apply for a construction project planning permit to install elevators.

First of all, elevators are special equipment, not "buildings" or "structures" as stipulated in the first paragraph of Article 40 of the Urban and Rural Planning Law. The provision of the first paragraph of Article 40 of the Urban and Rural Planning Law that the construction project planning permit shall be handled is not applicable to adding elevators to legal buildings. According to Article 2. 1.4 of the Terminology Standard for Civil Building Design issued by Order No.302 of the Ministry of Housing and Urban-Rural Development, "Building refers to the space and entity made of building materials for people to live and carry out various activities"; 2. 1.5, "Structures are engineering entities or ancillary building facilities built for a certain purpose, and people generally do not directly carry out production and living activities in them." Obviously, elevators do not belong to the first two. According to the standard 2.6. 13, "elevator is a mechanical device driven by electricity, transporting people or articles and moving vertically", which belongs to building components and buildings.

(two) law enforcement should be combined with the principle of proportion to distinguish between disposal, without planning permission should not be removed within a time limit.

Due to the limited rental conditions, Hotel A added an elevator, which was approved by the superior management unit and did not cause any adverse impact on the appearance, appearance and safety of the building. A hotel has also invested a lot of economic costs. The second paragraph of Article 5 of the Administrative Procedure Law stipulates that "the establishment and implementation of administrative punishment must be based on facts, which are equivalent to the facts, nature, circumstances and social harm of illegal acts". Urban management bureau should follow the principle of proportionality in the process of law enforcement, fully balance the interests of planning order and relative property, and avoid excessive infringement of the normal production and operation of illegal builders by administrative actions. If the elevator is removed according to the advice of the Urban Management Bureau, Hotel A will basically be unable to continue to operate, and hotel employees will face unemployment. Then, considering that the installation of elevators has certain functions and does not seriously hinder the planning, the urban management bureau should give priority to the provisions of Article 64 of the Urban and Rural Planning Law on ordering rectification within a time limit, and then make a decision as appropriate according to the corresponding rectification situation, instead of directly making the opinion of dismantling within a time limit.