2. In order to maintain the order of urban construction and management in the central city, effectively curb and investigate all kinds of illegal land use and illegal construction behaviors (hereinafter referred to as "two violations"), the Office of the Leading Group for Municipal Governance of "two violations" (hereinafter referred to as "two violations"). Mainly to control illegal land occupation and illegal construction.
Specific job responsibilities are as follows:
1. Publicize policies, laws and regulations on land, planning and construction;
2, responsible for the daily inspection and supervision of land use, planning and construction within the administrative area of the street;
3, responsible for the area of land management and planning and construction review;
4, responsible for illegal land use construction behavior within the jurisdiction, timely stop and deal with according to law;
5. Accepting complaints from the masses;
6, major land planning and construction and real estate transactions illegal cases, timely report to the main leaders of the street party committee office and relevant functional departments. In order to maintain the order of urban construction and management in the central city, effectively curb and investigate all kinds of illegal land use and illegal construction, China has set up two violations.
"Two violations" refers to "illegal land use" and "illegal construction".
"Illegal land use" refers to the behavior of land users or land occupiers who do not follow or deliberately misinterpret or evade the provisions of the Land Management Law, the Urban Planning Law and other relevant laws and regulations, and dispose of land. Such as illegal transfer, lease of rural collective land or homestead, partial or total possession of state-owned or collective land, unauthorized change of land use, construction of permanent buildings on temporary land, etc.
"Illegal construction" refers to: those who carry out construction without obtaining a construction project planning permit, those who change the contents of the construction project planning permit without authorization, those who change the use of functional construction without authorization, those who buy, sell or transfer the construction project planning permit without authorization, those who use an invalid construction project planning permit to carry out construction, those who change the approved temporary construction project into a permanent or semi-permanent project, or those who fail to demolish the temporary building within the time limit, and those who carry out construction in violation of urban planning.
The harmfulness of "two violations"
In recent years, with the sustained and rapid economic and social development, urban and rural areas have been continuously improved, infrastructure has been gradually improved, and people's production and living environment and travel conditions have been continuously improved. But the fly in the ointment is that there are still some illegal land use and illegal construction, which is on the rise. These "two violations" not only occupy valuable land resources, but also directly bring about problems such as dirty environment, neighborhood disputes and public security, which affect the quality of life of the people. Illegal land use and illegal construction satisfy the private interests of a few people, damage the legitimate rights and interests of most people, and affect the long-term economic and social development.
What is the goal of the "two violations" rectification work?
By carrying out the rectification work of "two violations", we will focus on rectifying all illegal land use, illegal construction and road occupation since the implementation of People's Republic of China (PRC) Urban and Rural Planning Law, further standardize the land transfer and transfer order and urban and rural construction behavior according to law, safeguard the authority and seriousness of urban and rural planning and land use permit, ensure the implementation of land management norms and urban and rural planning, fundamentally control illegal land use and illegal construction in the planning area, and put an end to new illegal land use and illegal construction.
With the fundamental purpose of creating a beautiful and livable, civilized and enriching people, and constantly improving people's happiness index, in accordance with the general requirements of "eliminating increment, digesting stock, establishing mechanism and ensuring long-term effect", we will adhere to the basic principles of "following the rules according to law, handling by classification, collaborative governance and taking the lead by cadres", and focus on cleaning up and rectifying illegal land use and illegal construction in the whole range, and deal with violations of the overall land use plan according to law. All kinds of illegal acts that violate and affect urban planning and village planning, resolutely curb the emergence of new illegal land use and illegal construction, establish an effective long-term mechanism for land use and urban and rural planning and construction, standardize the order of land management and urban and rural construction, promote the improvement of the overall human settlement environment, achieve new breakthroughs in poverty alleviation, industrial development and project construction, and promote sound and rapid economic and social development in Mengyang.
legal ground
People's Republic of China (PRC) Urban and Rural Planning Law
Article 3 Cities and towns shall formulate city plans and town plans in accordance with this Law. Construction activities within a planned urban area shall conform to the planning requirements.
The local people's governments at or above the county level shall, according to the local rural economic and social development level and the principle of adapting measures to local conditions and being practical, determine the areas where township planning and village planning should be formulated. Townships and villages in designated areas shall make plans in accordance with this law, and the construction of townships and villages in the planned areas shall meet the planning requirements.
Local people's governments at or above the county level shall encourage and guide townships and villages in areas other than those specified in the preceding paragraph to formulate and implement township plans and village plans.
Article 64 Where 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 competent department of urban and rural planning of the local people's government at or above the county level shall order it to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of more than 5% 10% of the project cost shall be imposed; Unable to take corrective measures to eliminate the impact, it should be removed within a time limit. If it cannot be demolished, the real object or illegal income shall be confiscated, and a fine of less than 10% of the project cost may be imposed.
Article 66 Where a construction unit or individual commits one of the following acts, the competent department of urban and rural planning of the local municipal or county people's government shall order it to be demolished within a time limit and may impose a fine of less than one time the cost of the temporary construction project:
Temporary construction without approval;
(two) temporary construction is not carried out in accordance with the approved content;
(three) temporary buildings and structures are not removed within the approved period.