Can Containers Be Placed Next to Houses?

Whether containers can be placed next to houses depends on specific circumstances, with both legal and illegal situations existing.

Legal Situations

• As temporary buildings in urban and town planning areas: According to Article 44 of the Urban and Rural Planning Law of the People's Republic of China, temporary construction in urban and town planning areas should be approved by the urban and rural planning administrative departments of the people's governments of cities and counties. If a container house, as a temporary building, has obtained relevant approval and is self-demolished within the approved usage period, it is not considered an illegal structure. For example, container houses built for temporary accommodation of workers on some construction sites are legal after approval.
• As permanent buildings with legal procedures: If a container house is used for permanent residential or commercial purposes, the builder needs to obtain relevant certificates such as a construction land planning permit and a construction engineering planning permit in accordance with the regular construction procedures. When these conditions are met, such container houses are also not considered illegal structures.
• As temporary buildings in rural areas with approval: According to Article 57 of the Land Administration Law of the People's Republic of China, for the temporary use of land for construction projects and geological exploration, relevant temporary construction approval procedures should be obtained in accordance with the law. In rural areas, if a container house is used for temporary production or living purposes and has obtained corresponding approval, its placement is legal.
• In line with homestead regulations and rural planning in rural areas: According to Article 62 of the Land Administration Law of the People's Republic of China, rural villagers' house construction should conform to the overall land use plans of townships (towns) and village plans, and should not occupy permanent basic farmland. If a container house is used for residence, its location meets the homestead application conditions and has been approved by relevant departments, the placement is legal.
• With legal usage rights in villages and not affecting others: In villages, if the place where a container is placed has legal usage rights and does not affect others, an application can be made to the village committee, and whether it can be placed can be determined according to village regulations.

Illegal Situations

• Unauthorized construction without approval: According to Article 64 of the Urban and Rural Planning Law of the People's Republic of China, construction without a construction engineering planning permit or not in accordance with the provisions of the construction engineering planning permit is illegal construction. If a container house is privately built for residence or business activities without approval, it violates the relevant regulations on urban planning and construction management, and such container houses will be identified as illegal structures.
• Violation of land use regulations: According to Article 37 of the Land Administration Law of the People's Republic of China, non-agricultural construction must use land economically and must not change the land use without authorization. If the construction of a container house violates the land use determined by the overall land use plan, such as building for non-agricultural purposes on agricultural land without authorization, it violates the relevant laws and regulations on land management, and such container houses will also be regarded as illegal structures.
• Unauthorized placement in rural areas without approval: According to Article 65 of the Urban and Rural Planning Law of the People's Republic of China, construction without obtaining a rural construction planning permit in accordance with the law or not in accordance with the provisions of the permit in township and village planning areas is an illegal act. Therefore, placing a container house without any approval procedures, regardless of its location, is illegal.