1. What are the procedures for dismantling illegal buildings in rural areas?
First, file a case. Filing a case is an activity that law enforcement departments decide to investigate and deal with as an administrative case when they find or receive complaints, reports and other facts or materials and think that illegal facts have occurred or exist and need to be investigated for legal responsibility.
Second, the investigation procedure. In the investigation, we should pay attention to the following points: First, there should be no less than two investigators. Secondly, investigators should take the initiative to show their law enforcement certificates.
Article 83 of the Land Management Law If, in accordance with the provisions of this Law, the newly-built buildings and other facilities on illegally occupied land are ordered to be demolished within a time limit, the construction unit or individual must immediately stop the construction and dismantle them by itself; If the construction continues, the organ that made the decision on punishment has the right to stop it. If the construction unit or individual refuses to accept the decision on administrative punishment of ordering demolition within a time limit, it may bring a lawsuit to the people's court within fifteen days from the date of receiving the decision on ordering demolition within a time limit; If neither prosecution nor demolition is carried out on its own at the expiration of the time limit, the organ that made the punishment decision shall apply to the people's court for compulsory execution according to law, and the expenses shall be borne by the offender.
Article 68 of the Urban and Rural Planning Law: After the competent department of urban and rural planning has made a decision to order the construction to stop and dismantle within a time limit, if the parties fail to stop or dismantle the construction 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 take measures such as sealing up the construction site and forcibly demolishing it.
Second, what is the procedure for compulsory demolition of illegal buildings?
1, case acceptance registration
2. On-site investigation records
3. Issue the Notice of Stop Work (Verification) (attention should be paid to: a. A written explanation of the above behavior; B, my identification materials; C, housing related materials).
4, fill in the "case filing approval form" (sign the contractor's opinions and basis, report to the leadership for approval and make a record of investigation).
5. Make a Record of Investigation and Inquiry (related notes: A. This date is uncertain and depends on the cooperation of the parties. B, do now comparable and for the record, first bright identity, by more than two law enforcement officers, announced the basis for law enforcement; C, the content should have the following elements: who is the owner of the house, who is the funder of the illegal building, the starting date of the house, the location of the house, the progress of the project, the area and structure of the house (brick-concrete, brick-wood, steel frame, simple shed pavilion), the project cost, the completion time, the purpose of use, asking whether to go through the construction procedures, informing them of the illegal behavior, and what legal provisions have been violated, and the parties confirm the contents of the record.
6. Send an invitation letter to the planning department and identify it as an illegal building.
7. Fill in the Approval Form for Handling Cases (the opinions and basis of the undertaker shall be reported to the leaders for approval).
8 issued a "notice of demolition within a time limit" to dismantle illegal buildings before the deadline. The deadline shall be determined as appropriate according to the housing area and situation, and the statement and defense shall be informed.
9. Delivery receipt
10, dismantle it within a time limit and check it after it expires, and fill in the verification registration form.
1 1. Fill in the Work Sheet for Demolition of Illegal Buildings and report the Work Sheet for Demolition of Illegal Buildings to the district government for the record.
12. Issue a written decision on forced relocation (inform them of the administrative reconsideration and litigation period within three months).
13. Issue an Administrative Decision Enforcement Reminder, and limit it to consciously implement the administrative decision within 7 days.
14. Delivery receipt (the decision on demolition within a time limit and the notice on the implementation of administrative decision can be delivered at the same time at one time).
15, check after 7 days, and fill in the check registration form.
16. Issue the "Enforcement Decision" and inform it of the administrative reconsideration and litigation period within three months.
17. Serve the enforcement decision.
18. Post the announcement of forced demolition (self-demolition within seven days, after the enforcement decision is issued 1 month).
19. Draw up the forced demolition plan, organize the forced demolition and make records of the forced demolition site. At this time, three months after the enforcement decision is issued, the time requirements during administrative reconsideration and litigation can be met.
In real life, no matter in rural areas or cities, there can be no illegal buildings, otherwise it is illegal and must be demolished. Under normal circumstances, it should be investigated by the staff of relevant law enforcement departments and dismantled within a time limit after confirming the violation.