Traditional Culture Encyclopedia - Hotel reservation - How high is the fence?
How high is the fence?
1, a building built without application or approval and without obtaining a construction land planning permit and a construction project planning permit;
2, unauthorized changes in the construction project planning permit provisions of the construction of buildings;
3. Do not change the nature of the building;
4, after the construction of temporary buildings over the period of validity has not been removed into permanent buildings; (4) Buildings constructed by forging relevant materials to defraud the permission of the competent department.
When an illegal building is infringed by others, there are different opinions in practice whether the infringer should bear the responsibility to stop the infringement and compensate. There is a view that the state (court) should protect legitimate rights and interests, and the court should not protect the rights and interests brought about by illegal civil acts.
The illegal construction has not been approved by the relevant government departments, which violates the provisions of relevant laws and regulations, and the state should not protect the interests arising therefrom. Although illegal buildings are illegal before they are approved by relevant departments, not everyone can destroy them. Illegal buildings can only be handled by relevant departments authorized by law through legal procedures. Demolition and confiscation of illegal buildings is the statutory duty of administrative organs, and it is an administrative law enforcement act for administrative organs to perform their administrative duties. In addition, it is obviously unfounded for other units and individuals to dismantle, occupy or destroy illegal buildings without authorization. On the other hand, illegal property cannot be arbitrarily deprived by others just because it is illegal. If the law allows it, it will lead to the proliferation of private rights (such as robbing others of drugs and illegal guns). Therefore, it is also illegal to dismantle, damage or occupy illegal buildings occupied by others without authorization, which constitutes a civil tort. Of course, the actor should bear civil liability for the economic losses caused by such illegal acts to others.
Legal basis:
People's Republic of China (PRC) Urban and Rural Planning Law
Article 66 Where a construction unit or individual commits one of the following acts, the competent department of urban and rural planning of the local municipal or county people's government shall order it to be demolished within a time limit and may impose a fine of less than one time the cost of the temporary construction project:
Temporary construction without approval;
(two) temporary construction is not carried out in accordance with the approved content;
(three) temporary buildings and structures are not removed within the approved period.
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