Illegal Container Houses in Shanghai

The prevalence of illegal container houses in Shanghai is significant, with container houses that have undergone housing modifications without approval being regarded as illegal structures.

Criteria for Determining Illegal Construction

1. Unauthorized Housing Modifications: According to the law enforcement practices of urban management departments in various parts of Shanghai, container houses that have undergone housing modifications such as the installation of doors and windows, connection to water and electricity supplies, and installation of air conditioners, without approval from relevant departments, are considered illegal structures. These modifications enable the containers to serve as living quarters, making their nature equivalent to that of unlicensed building constructions.

2. Occupation of Public Areas: If containers are stacked in public areas such as sidewalks and basketball courts, they not only obstruct the normal passage of citizens but also pose fire safety hazards, thus being regarded as illegal occupation of public spaces.

3. Alteration of Land Use: Placing container houses on non-construction land such as farmland and rooftops without obtaining the necessary permits and altering the land use also constitutes illegal construction.

Law Enforcement Practices and Cases

• Case in Miaozhen, Chongming District: A resident purchased and installed a container house that had undergone housing modifications for residential purposes. After the intervention of the urban management department, it was clearly communicated that this constituted illegal construction, and legal awareness campaigns were organized. Eventually, the merchant refunded the resident's purchase money and removed the container house.

• Case in Changhai Road Subdistrict, Yangpu District: Workers involved in road construction modified a container house for temporary residence without obtaining any permits. After the urban management department interviewed the unit's responsible person, they recognized their mistake and removed the container house as required.

• Case in Lvxiang Town, Jinshan District: The owner of a restaurant placed a container house behind the premises as temporary housing for employees, also without approval. After the intervention of the urban management department, the restaurant owner contacted a company that recycles container houses for removal, thus completing the rectification.

Legal and Regulatory Basis

According to the provisions of the Urban and Rural Planning Law of the People's Republic of China, no unit or individual may construct illegal structures without authorization. The urban management department has the authority to investigate and deal with container houses that have undergone housing modifications without approval in accordance with the law and require the parties involved to make rectifications or dismantle the structures within a specified time limit.