Violation of land, rivers, roads and railways, fire protection, civil air defense, landscaping, cultural relics protection, city appearance and environmental sanitation, scenic spot management and other illegal construction, shall be investigated and dealt with by the relevant administrative departments in accordance with relevant laws and regulations. Article 3 The term "illegal construction" as mentioned in these Regulations refers to the construction that violates the laws and regulations of urban and rural planning, including:
(a) without obtaining a planning permit for construction projects or failing to carry out construction in accordance with the provisions of the planning permit for construction projects;
(two) without obtaining the rural construction planning permit or not in accordance with the provisions of the rural construction planning permit;
(three) temporary construction without approval or not in accordance with the approved content;
(four) temporary buildings (structures) have not been removed within the approved period;
(five) other violations of urban and rural planning laws and regulations for construction. Article 4 The people's governments of cities and counties (cities, districts) shall be responsible for organizing and leading the prevention, control and investigation of illegal construction within their respective administrative areas, and shall include the funds for the prevention, control and investigation of illegal construction into the fiscal budget at the corresponding level.
The township (town) people's government is responsible for the prevention and control of illegal construction within its jurisdiction, and is responsible for the investigation and punishment of illegal construction of rural villagers' housing in the village planning area. Sub-district offices shall cooperate with the prevention, control and investigation of illegal construction, and shall promptly stop and report after discovering illegal construction.
The management institutions of various industrial parks and development zones shall, in accordance with the provisions of laws and the entrustment of administrative departments, carry out the prevention and punishment of illegal construction. Article 5 The departments in charge of natural resources of the people's governments of cities, counties (cities) and Nanyue District are the administrative departments in charge of preventing, controlling and investigating illegal construction within their respective administrative areas, and are responsible for preventing, controlling and investigating illegal construction of state-owned land and collective land in cities, counties, towns and market towns, and for preventing, controlling and investigating illegal construction of township enterprises, rural public facilities and public welfare undertakings on collective land in township and village planning areas.
According to the provisions of the Regulations on Comprehensive Urban Management in Hunan Province, if the people's governments of cities and counties (cities, districts) decide that it should be implemented by the comprehensive administrative law enforcement departments according to law, such provisions shall prevail.
The administrative departments responsible for investigating illegal construction listed in the first two paragraphs of this article are collectively referred to as investigation departments. Article 6 The people's governments of cities and counties (cities, districts) shall establish a linkage mechanism for the prevention, control and investigation of illegal construction, and set up a guidance and coordination institution with the participation of natural resources, housing and urban and rural construction, urban management, comprehensive law enforcement, market supervision, public security, emergency response, civil affairs, civil air defense, education, cultural tourism, health, ecological environment and other departments.
Guide the coordinating body to perform the following duties:
(a) to formulate the linkage system and scheme for the prevention, control and investigation of illegal construction, and organize their implementation;
(two) to coordinate and deal with the prevention and punishment of illegal construction within the jurisdiction;
(three) regularly study and report on the prevention and punishment of illegal construction, and coordinate and deal with the outstanding problems in the investigation of illegal construction;
(four) according to the need to investigate, guide and deploy illegal buildings forced demolition work;
(five) to carry out the investigation and punishment of illegal construction urged and assigned by the higher level government. Article 7 The relevant administrative departments of the people's governments of cities and counties (cities, districts) shall perform the joint responsibility of preventing and investigating illegal construction according to law:
(a) the natural resources department shall review the planning and design scheme according to law, issue the planning permit for construction projects according to law, strictly review the setting-out and planning conditions of construction projects, and refuse to register real estate for illegal buildings and facilities;
(two) the housing and urban-rural construction departments shall not issue construction permits for construction projects that have not obtained the planning permit for construction projects, and shall not handle pre-sale permits and completion acceptance for the record;
(3) Market supervision, public security, emergency, civil affairs, civil air defense, education, cultural tourism, health, ecological environment and other departments shall not issue relevant licenses for using illegal buildings and facilities as production and business premises;
(4) The public security organ shall assist in the prevention, control and investigation of illegal construction according to law, conduct traffic control and on-site control according to law when necessary, and deal with those who obstruct law enforcement by violence, threat or other means according to law;
(five) other relevant departments shall, in accordance with their respective responsibilities and the requirements of the guidance and coordination agencies, cooperate with the joint law enforcement according to law. Eighth village (neighborhood) committees shall cooperate with the prevention, control and investigation of illegal construction, and dissuade them in time after discovering illegal construction, and report to the investigation department, township (town) people's government or street offices. Ninth water supply, power supply, gas supply, engineering design, engineering construction, engineering supervision and other units in the provision of services or operations, found illegal construction, it should promptly report to the investigation department, township (town) people's government.
Investigation departments and township (town) people's governments may notify water supply, power supply, gas supply, engineering design, engineering construction, engineering supervision and other units to stop services or operations when taking measures such as sealing up and dismantling illegal buildings. Water supply, power supply, gas supply, engineering design, engineering construction, engineering supervision and other units shall stop service or operation according to law after receiving the notice. When water supply, power supply, gas supply and other units stop serving, it shall not affect the normal water, electricity and gas use of residents.