The newly revised Regulations of Beijing Municipality on Urban and Rural Planning came into effect on April 28th, 2009. In order to resolutely curb illegal construction in construction, according to Article 74 of the Regulations and relevant provisions, combined with the actual work, the Municipal Planning and Natural Resources Commission and the Municipal Urban Management and Law Enforcement Bureau jointly drafted the Implementation Opinions, which were finally approved by the municipal party committee and municipal government.
What is an illegal building?
Zhou Xufeng, deputy inspector of the Municipal Planning and Natural Resources Committee, said that the "Implementation Opinions" clarified the definition of illegal buildings under construction for the first time, referring to buildings under construction and excavation without planning permission or in violation of planning permission. The "Implementation Opinions" are applicable to the discovery, stopping, investigation and forced demolition (backfilling) of all kinds of illegal buildings in urban and rural areas of this city.
The "Implementation Opinions" also clarified the ways to find illegal construction in practice. First, street offices or township people's governments find illegal construction in their respective jurisdictions; Second, residents' committees, villagers' committees, owners' committees and property service enterprises found in the daily management and service work of their respective jurisdictions; Third, people's governments at all levels, planning and natural resources authorities, and urban management comprehensive law enforcement agencies discovered it through letters and visits, reports, satellite images, video probes, street scenes, etc. Fourth, other law enforcement departments and the public report on illegal construction and media exposure.
The competent department of planning and natural resources shall, in accordance with the requirements, do a good job in the inspection, identification, suppression and law enforcement supervision of illegal construction according to law; Urban management comprehensive law enforcement organs, neighborhood offices or township people's governments shall do a good job in the inspection, identification, stop, seal up, detain, dismantle (backfill) and other work of illegal construction according to law; Neighborhood offices or Township People's governments rely on the mechanism of "street whistle and departmental report" to organize and coordinate relevant law enforcement agencies and departments to carry out inspections, illegal identification, stop, seal up, detain, dismantle (backfill) and other work of illegal construction in their respective jurisdictions.
The Implementation Opinions is an important supporting document to ensure the implementation of the Beijing Urban and Rural Planning Regulations. It will play a very important role in dealing with illegal construction in a timely, effective and resolute manner, avoiding serious consequences caused by illegal facts, greatly reducing the cost of law enforcement, and ensuring that illegal construction "stops at the bud and ends at the beginning".
After the implementation opinions are issued, how to implement them next?
Ma Huimin, deputy director of the Municipal Urban Management Law Enforcement Bureau, summed it up in three words: "Early, strict and complete".
"Early" means dealing with complaints immediately and controlling them quickly.
Ma Huimin said that the urban management law enforcement department will immediately arrive at the scene to investigate and verify the complaints and reports of the masses such as calls, letters and visits, require the parties to produce planning permission documents, and establish and improve a joint identification mechanism with the planning and natural resources departments to realize rapid identification of illegal construction.
If it is verified that it belongs to the illegal construction of new students, a Notice of Ordering Correction will be issued on the spot, and the parties will be ordered to immediately stop construction, dismantle or backfill by themselves; For those who refuse to stop the construction or dismantle and backfill by themselves, relying on the local "street whistle, department report" mechanism, seal up the construction site, detain construction tools and materials, and forcibly dismantle or backfill according to law, so as to prevent, reduce and treat illegal construction early and avoid the persistence or expansion of illegal activities and potential safety hazards.
"Strict" means strict procedures and standardized law enforcement.
Urban management law enforcement departments will focus on standardizing the rights and obligations in advance, such as the statement and defense, cost bearing, credit punishment, and residual value clearing in the process of ordering correction and forced demolition, which can not only deter the parties involved in illegal construction, but also realize the investigation and punishment of illegal construction. Law enforcement information is open and transparent, the whole process of law enforcement is marked, and law enforcement decisions are legal and effective.
"All" means comprehensive policy and joint punishment.
According to the contents of joint punishment stipulated in the Regulations and the Implementation Opinions, urban management law enforcement departments should not only dismantle illegal construction, but also recover relevant expenses from the parties involved in illegal construction, and incorporate the illegal information of the parties into the city's social credit system for publicity.
At the same time, investigate and deal with other illegal subjects and behaviors found in illegal construction, such as illegal design and obstructing law enforcement agencies from performing their duties according to law, so as to realize multi-departmental governance and increase illegal costs.
"Here, we also remind violators to stop construction immediately and take the initiative to dismantle illegal construction to avoid unnecessary economic losses." Ma Huimin said at the scene.
The Implementation Opinions is an important supporting document to ensure the implementation of the Beijing Urban and Rural Planning Regulations. It will play a very important role in dealing with illegal construction in a timely, effective and resolute manner, avoiding serious consequences caused by illegal facts, greatly reducing the cost of law enforcement, and ensuring that illegal construction "stops at the bud and ends at the beginning".
It is understood that the "Several Provisions on Prohibiting Illegal Construction in Beijing" is being revised, which will provide a more complete system of rules and regulations for the city to control illegal demolition and illegal handling.
(The original title is "Strict, Fast and Fine! Beijing issued implementation opinions and has zero tolerance for illegal construction.