Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...
Legal basis for forced demolition of illegally built awnings, identification standards for illegally built awnings
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Article author：Yingting Lawyers Group | Update time：2023-08-11 | Reading times：704
It is legal to build an awning in a rural home, but if citizens or construction companies want to build an awning privately in a residential building or community, it is an illegal construction act. If you receive a demolition agreement, you must dismantle it according to the corresponding time. Many people will not improve it after receiving it, and there will be many problems. Is there any legal basis for the forced demolition of prohibited awnings? Let’s find out together.
Legal basis for forced demolition of illegally built awnings
1. Whether the awning is illegal or not depends on whether we have obtained the planning permit for the proposed project when we built the awning. If we have not obtained the permit, it will be considered illegal and the urban management can require it to be demolished.
2. With reference to the provisions of Article 64 of the "Urban and Rural Planning Law of the People's Republic of China", if a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning department of the local people's government at or above the county level shall order the construction to stop; if corrective measures can be taken to eliminate the impact on the implementation of the plan, corrections shall be made within a time limit and a fine of not less than 5% but not more than 10% of the construction project cost shall be imposed.
3. If you fail to take formal measures to eliminate the impact and the demolition is delayed or cannot be demolished, they will confiscate the physical objects or illegal income, and impose fines on the cost of the construction project.
The above is the legal basis for the forced demolition of illegally built awnings introduced by the administrative litigation lawyers of Yingting Law Firm. According to national regulations, if the awning you see does not have a permit, it cannot be built and must be demolished. Therefore, we must cooperate with the work. If there are other issues, you can appeal.
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