Legal analysis: the legal basis for identifying illegal buildings is mainly the Urban and Rural Planning Law, in which Articles 64 and 65 clearly stipulate that only buildings that have been obtained or built in accordance with the requirements of planning permits are legal, otherwise administrative actions such as demolition within a time limit will be taken according to different situations. If it is not an illegal building, it will not be demolished. If it is an illegal building, it must be demolished for safety protection.

1. The following structures that have not been approved by the property owner of public houses belong to structures that violate the regulations on the administration of public houses (hereinafter referred to as illegal structures) and shall be handled by the housing management department:

(1) Building closed or partially closed buildings and structures on the balcony;

(two) to build closed or partially closed buildings and structures in the patio.

2, the following buildings and structures without the permission of the planning administrative department, which belong to the illegal buildings referred to in the "Planning Regulations", shall be handled by the planning administrative department:

(a) Houses and buildings with elevated roofs;

(two) buildings and structures in the courtyard of garden houses and apartments;

(three) buildings and structures attached to the external walls of houses built in neighborhoods, lanes and new villages;

(four) temporary buildings and structures that have not been demolished and have not occupied roads within the time limit.

Legal basis: Article 40 of the Urban and Rural Planning Law of People's Republic of China (PRC), where buildings, structures, roads, pipelines and other projects are built in urban and town planning areas, the construction unit or individual shall apply to the competent department of urban and rural planning of the people's government of the city or county or the people's government of the town determined by the people's government of the province, autonomous region or municipality directly under the Central Government for a construction project planning permit.