Legal information

On the Internet, a video of the Municipal Party Committee Secretary angrily yelling at the Director of the Water Conservancy Bureau for ordering him to demolish illegal buildings on the river within a week has gone viral. Apart from its own political point of view, what everyone does not understand is why the Water Conservancy Bureau also has the power to demolish illegal buildings. The source of this power is mainly based on the Flood Control Law and the Water Law.

1. If immediate measures can be taken, a fine may be imposed.

Article 55 of the "Flood Control Law" stipulates that anyone who violates the provisions of paragraphs 2 and 3 of Article 22 of this Law and commits any of the following acts shall be ordered to stop the illegal act, remove obstacles or take other remedial measures, and may be fined not more than 50,000 yuan:

(1) Building buildings or structures that hinder flood discharge within the management scope of rivers and lakes;

(2) Planting trees and high-stem crops that hinder flood drainage in flood channels.

2. Those who can re-apply the procedures will be ordered to dismantle them within a time limit in serious cases.

Article 57 of the Flood Control Law further stipulates that anyone who violates the provisions of Article 27 of this Law and engages in engineering facility construction activities within the management scope of rivers and lakes without the approval of the water administrative department for its project construction plan or in accordance with the location and boundaries reviewed and approved by the relevant water administrative department shall be ordered to stop illegal activities , resubmit the review consent or review approval procedures; if the construction of engineering facilities seriously affects flood control, it shall be ordered to be demolished within a time limit. If it is not demolished within the time limit, it will be forcibly demolished, and the necessary costs shall be borne by the construction unit; if it affects flood control but remedial measures can still be taken, remedial measures shall be ordered to be taken within a time limit, and a fine of not less than 10,000 yuan but not more than 100,000 yuan may be imposed.

3. The water administrative department is the subject of forced demolitions

From the above-mentioned laws, we can know that the Water Conservancy Bureau is also one of the subjects of forced demolition, mainly targeting illegal buildings within its flood control scope. It can choose administrative penalties or forced demolition.

In addition, Article 65 of the "Water Law" also stipulates that any building or structure that hinders flood discharge within the scope of river management, or engages in activities that affect the stability of the river, endanger the safety of riverbanks and embankments, or otherwise hinder the flood discharge of the river, shall be investigated by the water administrative department of the people's government at or above the county level or The river basin management agency shall, in accordance with its powers, order the cessation of illegal activities, demolish illegal buildings and structures within a time limit, and restore them to their original condition; if they are not demolished or restored to their original condition within the time limit, they shall be forcibly demolished, and the necessary expenses shall be borne by the illegal unit or individual, and a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed.

4. As the main body of forced demolition, the Water Conservancy Bureau needs to follow 7 major steps to demolish illegal buildings.

Investigation and evidence collection

1. For illegal constructions that are disclosed or reported, complete image data must be preserved, and transcripts of conversations must be recorded when talking to parties involved in illegal constructions. If a party fails to cooperate, the witness statements of those present at the time should be retained. The investigation work in urban planning areas is handled by the district planning department, and the work in rural planning areas is handled by the relevant departments of the township government. If the township government cannot complete it independently, it can apply for the district planning department to send personnel for guidance.

2. Investigate the basic situation of the parties involved in illegal construction. Particular attention should be paid to whether the person involved in the illegal construction owns a second home, as well as the person's usual source of living.

3. On-site inspection records. Basic information on illegally built houses.

4. To obtain the overall urban construction plan and regulatory detailed plan, the planning area must go to the housing management department to investigate relevant registration materials.

Determine illegal construction

After completing the evidence collection, a determination will be made in accordance with the law whether the building is an illegal construction.

Make a decision to order demolition within a time limit

1. In accordance with the relevant provisions of the "Urban and Rural Planning Law", illegal buildings are investigated and evidence collected. Buildings that do not violate urban and rural planning but have not gone through planning and construction approval are procedural illegal buildings, and they can be required to make corrections and fines within a time limit, and apply for relevant administrative license procedures; buildings that violate urban and rural planning are substantive illegal buildings, and a "Decision Letter Ordering the Demolition of Illegal Buildings within a Time Limit" is issued. If the administrative counterpart fails to demolish the illegal building on his own within the time limit, the demolition will be organized.

2. If a decision is to be made to order demolition within a time limit, a "notification" shall be issued to inform the parties of the relevant facts, reasons and basis as well as their rights of statement and defense.

3. If the party concerned makes a statement or defense within the time limit stipulated in the "Notification", the enforcement department for demolition of violations shall listen to his opinions and keep records. The illegal demolition enforcement department shall review the facts, reasons and evidence submitted by the parties within 20 days. If the facts and reasons put forward by the parties are established, the enforcement department for demolition of violations shall accept them; if the planning department does not accept them, it shall explain the reasons and notify the parties.

4. If the party fails to make a statement or defense within the prescribed time limit, or the facts and reasons raised by the party are untenable, the planning authority shall make a written decision ordering demolition within a time limit.

Issue law enforcement documents

1. The county planning department and township government will serve relevant documents to the parties

2. Two staff members holding law enforcement certificates are served together.

3. In the case where the parties concerned do not cooperate, the staff can take the following three methods: directly indicate on the receipt that the parties refuse to sign for the receipt; post the relevant documents in a conspicuous location of the building and take photos as evidence; and invite the person in charge of the local village organization as a witness.

Approval for forced demolition

Compulsory demolition by the county planning department requires the preparation of relevant files and submission to the government legal department in accordance with the procedures. Only after approval can the urban and rural planning bureau or urban management administration be authorized to force demolition.

For illegal buildings investigated and dealt with by the township people's government, the township people's government shall decide on its own to organize the forced demolition in accordance with the provisions of Article 65 of the Urban and Rural Planning Law.

Create a demolition plan

After a decision is made to force demolition, an announcement must be made within seven days before demolition.

Carry out demolition

The urban management law enforcement department is the main unit for forced demolition, and other relevant units must actively cooperate.

Illegal construction itself is not tolerated by the law, but the demolition of illegal construction must be carried out in accordance with the procedures stipulated by the law. You cannot decide to demolish illegal construction privately.