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Regulations of Huanggang Municipality on the Governance of Illegal Buildings
Chapter I General Provisions Article 1 In order to strengthen the management of urban and rural planning and construction, effectively control illegal construction and ensure the effective implementation of urban and rural planning, these Regulations are formulated in accordance with the provisions of People's Republic of China (PRC) Urban and Rural Planning Law, Hubei Urban and Rural Planning Regulations and other laws and regulations, combined with the actual situation of this Municipality. Article 2 These Regulations shall apply to the prevention, detection, suppression and investigation of illegal construction within the administrative area of this Municipality. Article 3 The term "illegal construction" as mentioned in these Regulations refers to the following situations that violate the laws and regulations on urban and rural planning:

(a) without obtaining a planning permit for construction projects or failing to carry out construction in accordance with the provisions of the planning permit for construction projects;

(two) without obtaining the rural construction planning permit or not in accordance with the provisions of the rural construction planning permit;

(three) temporary construction without approval or not in accordance with the approved content;

(four) temporary buildings (structures) are not removed within the approved period;

(five) other violations of urban and rural planning and management regulations.

The fact that buildings (structures) violate urban and rural planning persists, which belongs to the continuous state of illegal construction. Article 4 The management of illegal construction shall follow the principles of territorial management, source control, graded responsibility, timely investigation and punishment, and departmental linkage. Article 5 The people's governments of cities and counties (cities, districts) shall be responsible for the organization and leadership of illegal construction governance within their respective administrative areas, establish and improve the comprehensive coordination mechanism for illegal construction governance, and solve major problems in illegal construction governance within their respective administrative areas; Establish and improve the management responsibility system, administrative accountability system and target assessment system for illegal construction.

With administrative functions of the CMC (development zones, parks, scenic spots), township (town) people's government, street offices specifically responsible for the illegal construction management related work within their respective jurisdictions, and strengthen the guidance of the illegal construction management work of the village (neighborhood) committee. Sixth city and county (city, district) people's government urban management law enforcement organs and township (town) people's government is the illegal construction of the investigation organs.

The urban management law enforcement organs of the Municipal People's Government shall be responsible for the guidance and supervision of the investigation and punishment of illegal construction in the city; Responsible for the investigation and punishment of illegal construction in the main urban area of urban planning area; Responsible for the investigation and punishment of major complex illegal construction.

The urban management law enforcement organ of the District People's Government is responsible for investigating and dealing with illegal construction outside the main urban area of the urban planning area; County (city) people's government urban management law enforcement agencies responsible for the county (city) city, town planning area of illegal construction.

The township (town) people's government is responsible for investigating and dealing with illegal construction in the township and village planning areas. County (city, district) people's government can determine that urban management law enforcement organs are responsible for investigating and handling illegal construction in towns and villages planning areas. Article 7 The people's governments of cities and counties (cities, districts) shall include the funds for the control of illegal buildings in the financial budget. Eighth citizens, legal persons and other organizations shall not carry out illegal construction, and shall not use illegal buildings (structures) to make illegal profits.

Illegal buildings (structures) will not be compensated when land and houses are expropriated, requisitioned or forcibly removed. Chapter II Prevention and Supervision Article 9 The people's governments of cities, counties (cities, districts) and townships (towns), relevant departments and news media shall strengthen the publicity of urban and rural planning laws and regulations and the governance of illegal construction. Tenth city and county (city, district) people's government shall establish a reward system for illegal construction. The investigation organ shall announce the telephone number, e-mail address and website of the report to the public, accept the report and keep it confidential for the informant; The report shall be investigated and handled in a timely manner, and the results shall be made public. Article 11 The people's governments of cities and counties (cities, districts) shall establish a patrol system for illegal construction, form a patrol network combining the investigation of organs, streets, communities, villagers' groups and property communities, implement grid supervision, and timely discover and investigate illegal construction. Twelfth city and county (city, district) people's government departments in accordance with the following division of labor, to perform the duties of illegal construction management:

(1) Urban and rural planning departments shall grant timely permission to qualified applications for planning permission of construction projects, strengthen supervision and inspection of the implementation of urban and rural planning, and strictly check the construction projects and verify the planning. Illegal construction projects shall not be verified by planning;

(two) the housing and urban-rural construction departments shall not issue construction permits to construction projects that have not obtained the construction project planning permit according to law; Illegal construction projects shall not be put on record through comprehensive completion acceptance;

(three) the real estate management department shall strictly register and review the rented houses, and if it is found that illegal buildings (structures) are rented, it shall be handed over to the investigation organ in time;

(four) the real estate registration agency shall not handle the registration, alteration, transfer and mortgage procedures for the real estate that has been identified as illegal construction by the investigation organ according to law;

(five) the public security organs are responsible for investigating and dealing with illegal acts that hinder the execution of official duties and disrupt social order in illegal construction and governance;

(six) other relevant departments shall, in accordance with their respective responsibilities, do a good job in the management of illegal construction. Thirteenth the following organizations and units shall perform the corresponding obligations:

(a) the village (neighborhood) committee, the owners' committee found illegal construction within their respective jurisdictions, should be discouraged and promptly reported to the investigating authorities;

(two) the property service enterprise shall inspect the property management area, and stop it in time if it finds illegal construction, and report to the investigation organ to assist in the investigation;

(three) the construction project construction units and individuals shall not undertake illegal construction projects.