Illegal construction

According to the provisions of the planning law, the law enforcement department for demolishing illegal buildings is the municipal planning department. For the unified management of the city, the enforcement of the law for demolishing illegal buildings is entrusted to other departments. So, which department is responsible for demolishing illegal buildings?
One of the illegal departments:
land management department
103010 Article 77 stipulates that if rural villagers illegally occupy land to build residences without approval or use deceptive means, the land administration department of the people's government at or above the county level shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit.

The local natural resources department (or formerly known as the "land and resources department") has the power to identify and punish illegal land use, but if forced demolition is to be carried out, it needs to apply to the People's Court for compulsory execution and take the judicial demolition route.
The second illegal department:
urban and rural planning department
103010 Article 64 stipulates that if a construction project planning permit is not obtained, 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 cannot be taken to eliminate the impact, it will be demolished within a time limit.
Article 68 further clarifies that after the urban and rural planning authority makes a decision to order demolition within a time limit, if the party concerned fails to demolish it within the time limit, the local people's government at or above the county level where the construction project is located may instruct the relevant departments to forcibly demolish it.
The third illegal department: the township people's government.

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103010 Article 65 stipulates that within the planning area of a township or village, if a rural construction planning permit is not obtained in accordance with the law or construction is not carried out in accordance with the provisions of the rural construction planning permit, the township or town people's government shall order the construction to stop and make corrections within a time limit; if corrections are not made within the time limit, the construction may be demolished
Accordingly, the people's governments of townships and towns have the right to investigate and deal with illegal buildings that violate urban and rural planning in township and village planning areas, and implement administrative demolitions.

The fourth department responsible for illegal demolition: Urban management comprehensive administrative law enforcement agency
According to the principle of centralized exercise of administrative penalty power, the comprehensive administrative law enforcement agencies of urban management are very active in punishing and demolishing illegal construction, and have always been in the first place. You can refer to Beijing's regulations on urban management and illegal construction:
The urban management comprehensive administrative law enforcement agency is responsible for investigating and handling urban construction projects that have not obtained a construction project planning permit, a temporary construction project planning permit, and the planning documents listed in item (2) of the preceding paragraph.

In other words, what people usually call "unlicensed and illegal construction" is directly investigated and punished by the urban management department.
In practice, there are also cases where other departments demolish illegal buildings. In addition to departments that are required by law to apply to the court for enforcement, the demolition of illegal buildings needs to be carried out in accordance with the procedures stipulated in the Land Management Law.

It doesn’t matter if illegal construction is demolished, but it must be demolished in accordance with the law. When encountering illegal demolition or illegal construction, the parties involved must learn to protect their legitimate rights and interests through legal means. If there are any legal issues they do not understand, they can consult relevant professional illegal construction lawyers.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.