Article 64 Anyone who violates the provisions of these Regulations on the planning and management of construction land use in any of the following circumstances shall be subject to the following penalties:
(1) If a person occupies land without obtaining a planning permit for construction land use, he or she shall be fined at a rate of not less than RMB 200 yuan but not more than RMB 500 yuan for each square meter of the illegal land use by the competent administrative department of urban planning, and the land so occupied shall be ordered by the people's government at or above the county level to be returned;
(2) unauthorized changes in the construction land use planning permit to determine the content of the use of land, the administrative department in charge of urban planning shall order a deadline for correction, and impose a fine of more than one hundred yuan per square meter of illegal land use of up to three hundred yuan, and after correction in line with the requirements of the plan, shall be retroactive formalities;
(3) without obtaining the construction land use planning permit, but obtaining the land use approval documents for the construction of land use of land use of occupying land, the approval document shall be invalid, and the administrative department of urban planning shall impose a fine of not less than fifty yuan and not more than one hundred yuan per square meter of the illegal land, and the occupied land shall be ordered to be returned by the people's government at or above the county level.
Article 65 Violation of these Regulations in any of the following cases is an act of illegal construction:
(1) construction without a construction project planning permit issued by the competent administrative department of urban planning in accordance with its authority;
(2) unauthorized alteration of the construction project planning permit as well as the annexes and accompanying drawings determined by the construction project planning permit;
(3) Unauthorized change of the nature of use of construction works;
(iv) Temporary buildings (structures) or demolition of the red line within the scope of the building (structures) should be removed overdue.
Article 66 For the illegal construction listed in Article 65 of these Regulations, constitutes one of the following circumstances, is a serious impact on urban planning illegal construction, by the county or above, the competent administrative department of urban planning ordered to stop the construction or use of a limited period of time to dismantle or confiscate, and impose a fine: within the urban planning area of the illegal construction of a fine of more than 200 yuan per square meter than 1,000 yuan, and outside the urban planning area of the illegal construction of a fine of more than 1,000 yuan per square meter, urban outside the urban planning area shall be fined not less than one hundred yuan per square meter and not more than five hundred yuan per square meter; where the area cannot be calculated, a fine of not less than twenty percent and not more than one hundred percent of the construction cost of the illegal construction shall be imposed. If it refuses to be removed after the expiration of the deadline, it shall be forcibly removed, and the costs required for removal shall be borne by the illegal construction unit or individual:
(1) construction beyond the red line of the road;
(2) encroachment on the existing or planned urban public **** green space, urban squares, sports venues, urban infrastructure, urban public **** utility land for construction;
(3) impacting on urban firefighting, flood control and earthquake resistance;
(iv) construction in areas classified as dangerous rock and landslide no-construction zones;
(v) construction that strictly impedes the protection of national defense facilities, measurement signs and cultural relics;
(vi) construction that occupies underground pipelines;
(vii) construction that infringes upon the microwave corridors identified by the planning, communication, airport clearances, and high-voltage power supply corridor for construction;
(viii) construction in the near-term construction planning control area;
(ix) unauthorized insertion in the built-up of new districts or old city renovation area;
(x) serious inconsistency with the nature of the use of the plan identified through rectification is still unable to meet the planning requirements;
(xi) serious impact on the cityscape and landscape for the construction of;
(k) seriously affect the cityscape and landscape (xii) refusing to obey the management of urban planning, continue their illegal construction behavior;
(xiii) temporary buildings (structures) and demolition of the red line within the scope of the building (structures) should be removed overdue;
(xiv) unauthorized building (structures) on the roof;
(xv) other serious impact on the construction of urban planning behavior.
General illegal construction other than the above, by the county or above, the competent administrative department of urban planning ordered to stop construction or use, and a deadline for correction, and impose a fine: urban planning area of illegal construction of more than one hundred yuan per square meter than the following five hundred yuan, illegal construction outside the urban planning area of more than fifty yuan per square meter than two hundred and fifty yuan of the following fines; can not be calculated in terms of the area of the construction, the illegal construction of more than ten percent of the construction cost of more than five hundred yuan. If the construction cost cannot be calculated in terms of area, a fine of not less than ten percent and not more than fifty percent of the construction cost shall be imposed on the illegal construction. After correction and meet the planning requirements, shall be replaced by the formalities.
Article 67 The construction unit or individual does not according to the urban planning requirements for the construction of ancillary facilities, by the county above the administrative department of urban planning and order the construction of a limited period of time, and shall be subject to the total cost of ancillary works of ten percent of the fine, ancillary works completed before the construction unit or individual to stop accepting the construction of other construction program planning report.
Article 68 of the survey unit in violation of the construction project planning permit and its annexes, attached to the content and requirements of the map positioning, by the administrative department of urban planning, depending on the degree of impact on urban planning, were given a warning, ordered to make corrections within a certain period of time, to stop commissioning the survey business, and impose a fine of more than double the project positioning charges.
Article 69 The design unit in violation of the provisions of these regulations for the design, by the county above the administrative department of urban planning were given a warning, ordered to make corrections within a certain period of time, and stop accepting the design plans; cause illegal construction, confiscate the illegal income, and impose the project total design standard fees of more than fifty percent of the hundred percent of the following fine.
Article 70 construction unit or individual construction in violation of the provisions of these regulations, by the county or above, the competent department of urban planning administration ordered to stop the construction, and impose a fine of more than double the illegal construction project construction standard fee of more than two times the following.
Seventy-one violation of the provisions of these regulations for the registration of property rights of real estate, the obtained property rights of real estate documents are invalid, by the competent administrative department of urban planning to the people's government of the county or above to order the issuance of certificates to be canceled.
Article 72 unauthorized adjustments and not in accordance with the legal procedures, authority to approve or record the various types of urban planning, does not have the force of law, shall be held accountable according to law.
Article 73 The administrative department in charge of urban planning, while imposing penalties for violations of the law, may, depending on the circumstances and consequences, impose a fine of not less than one thousand yuan and not more than five thousand yuan on the person directly responsible for causing the illegal construction. Those directly responsible for causing major losses to the property of the state and the public due to illegal construction shall be investigated for administrative or criminal responsibility according to law.
Article 74 Violation of the provisions of this Ordinance, units or individuals who actively cooperate with the administrative department of urban planning to investigate and deal with violations, and take the initiative to eliminate or mitigate the consequences of violations, lighter or exempt from punishment.
Article 75 If the administrative department of urban planning and its staff approve a project in violation of the provisions of these regulations, the approval document shall be invalid, and the people's government at the same level or the administrative department of urban planning at the next higher level shall order a period of time to make corrections, and if any loss is caused to the construction unit or individual, the department that approves the project in violation of the law shall bear the responsibility of compensation.
The staff of the administrative department of urban planning who violates the law in approving the project, neglects his duties, abuses his power, or acts in favor of his own interests, shall be given administrative sanctions by his unit or his superior competent department; and in case of constituting a crime, he shall be investigated for criminal responsibility according to the law.
Article 76 Any person who hinders, obstructs or refuses to allow the planning management staff to perform their duties in accordance with the law shall be educated by the competent administrative department of urban planning; in case of violation of public security management, the public security organ shall deal with the matter in accordance with the "Regulations of the People's Republic of China on Punishments for Administration of Public Security"; in case of a crime, the person concerned shall be held criminally liable in accordance with the law.
Article 77 The administrative department in charge of urban planning shall investigate and deal with cases of violation of these regulations in accordance with the following procedures:
(1) Filing a case. Where the administrative department of urban planning finds that the party concerned has violated the law, it shall file a case within five legal working days from the date of discovery of the violation.
(ii) stop. From the date of filing the case within five legal working days to issue a notice of violation of the law, and ordered to stop the illegal act. The party concerned within five legal working days from the date of receipt of the notice of violation to the administrative department of urban planning to submit written comments.
On the illegal construction under construction ordered to stop, the party shall not continue construction under any pretext. If the construction continues, the competent administrative department of urban planning, together with the relevant departments, shall forcibly stop it until it is demolished.
(3) processing. The administrative department of urban planning from the date of receipt of the written comments of the parties fifteen legal working days (required by law to be heard, ten legal working days after the hearing) to make a decision on penalties and notify the parties in writing. Due to special circumstances need to extend the period of time to make a decision on penalties, shall be approved by the main person in charge of the administrative department of urban planning to make a decision on penalties.
Before making a decision to impose a fine of 150,000 yuan or more for violations within the urban planning area, and 50,000 yuan or more for violations outside the urban planning area, the parties shall be informed of the right to request a hearing.
(iv) implementation. The administrative department of urban planning to make the penalty decision in conjunction with the relevant departments to urge the parties to fulfill the penalty decision within the deadline.
Article 78 The parties to the administrative department responsible for urban planning of the specific administrative action is not satisfied, may apply for administrative reconsideration or administrative litigation.
The party does not apply for reconsideration, or bring a lawsuit, and does not fulfill the administrative penalty decision or administrative mandatory decision, the authority that made the penalty decision or administrative mandatory decision to apply to the people's court for compulsory execution.
The parties concerned do not fulfill the decision to demolish the illegal building after the expiration of the period, the people's government of the county or above may also instruct the public security, urban management and other relevant departments to cooperate with the administrative department of urban planning forcibly dismantled.