I. Identification and investigation of illegal buildings
The identification of illegal buildings in Shenzhen is mainly based on the Shenzhen Urban Planning Ordinance and other relevant laws and regulations. Once it is confirmed as an illegal building, the relevant departments will investigate and deal with it according to law, including measures such as ordering to stop work and demolishing it within a time limit. At the same time, Shenzhen will also take a series of measures to restrict the related real estate rights and ensure that illegal buildings cannot be circulated by means of transfer or mortgage.
Second, measures to restrict real estate rights.
Freeze property registration: For illegal buildings, relevant departments in Shenzhen will freeze their property registration to prevent them from trading property rights through legal channels.
Restricting the circulation of real estate: the real estate rights of illegal buildings will be restricted and cannot be transferred by means of transfer or lease, thus effectively curbing the proliferation of illegal buildings.
Recovery of illegal income: Shenzhen will recover the illegal income obtained through illegal construction according to law and punish the relevant responsible persons.
Third, strengthen supervision and publicity.
In order to further improve the efficiency and accuracy of investigating and dealing with illegal buildings, Shenzhen has also strengthened supervision and encouraged citizens to actively participate in investigating and dealing with illegal buildings through regular inspections and reward reports. At the same time, strengthen publicity and education, raise public awareness of the dangers of illegal buildings, and form a good atmosphere for the whole society to resist illegal buildings.
To sum up, when investigating illegal buildings in Shenzhen, measures such as freezing property rights registration, restricting the circulation of real estate and recovering illegal income have effectively restricted the relevant real estate rights, thus curbing the proliferation of illegal buildings. At the same time, strengthening supervision and publicity has improved citizens' awareness and ability to resist illegal buildings.
Legal basis:
Regulations of Shenzhen Municipality on Urban Planning
Article 67 provides that:
For buildings, structures or other facilities that have not been approved or built in accordance with the approved contents, the planning land supervision institution shall order them to stop construction and dismantle them within a time limit; If it is not demolished, the illegal buildings, structures or other facilities will be confiscated.
"People's Republic of China (PRC) City Real Estate Management Law"
Article 38 provides that:
The following real estate shall not be transferred:
(a) the acquisition of land use rights by means of transfer does not meet the conditions stipulated in Article 39 of this Law;
(two) the judicial organs and administrative organs have ruled or decided to seal up or restrict the real estate rights in other forms according to law;
(three) to recover the land use right according to law;
(four) without the written consent of other people, * * * owns real estate;
(five) the ownership is controversial;
(6) Failing to register according to law and obtaining the ownership certificate;
(seven) other circumstances in which the transfer is prohibited by laws and administrative regulations.