Is It Illegal to Convert a House into a Container?

Converting a house into a container without obtaining approval procedures is generally considered an illegal structure; similarly, transforming a container into a residential or commercial space without approval is also illegal.

Basis for Determining Illegality

According to the "Urban and Rural Planning Law of the People's Republic of China," any unit or individual engaging in construction activities, including temporary structures, must obtain a construction project planning permit or rural construction planning permit in accordance with the law. Transforming a container into a residential space with functionalities such as the installation of doors, windows, air conditioning, and utilities like water and electricity, without obtaining relevant approval procedures, constitutes unauthorized construction of an illegal structure. For example, during a patrol inspection, the Comprehensive Administrative Law Enforcement Team of Changhai Road Subdistrict in Yangpu District discovered two container structures that had been converted into residential spaces placed on the sidewalk at the intersection of Zhongyuan Road and Changhai Plaza. These structures, lacking any approval procedures, were identified as illegal constructions.

Illegal Situations in Different Scenarios

• Placement in Public Areas: If container structures that have been converted into residential spaces are placed in public areas or open spaces without obtaining planning approval procedures and without a land use permit, they are considered illegal structures. For instance, the owner of a restaurant in Lvxiang Town, Jinshan District placed containers behind the restaurant as temporary housing for employees without obtaining approval, which was identified as illegal construction.
• Rural Areas: Chinese law does not explicitly stipulate the legality of constructing container houses in rural areas. However, if constructed on legally acquired homesteads and in compliance with the overall land use plan and village plan of the township (town), without occupying permanent basic farmland, it is generally considered legal; if relevant approval procedures are not obtained, it is still considered an illegal structure.

Consequences of Illegality

For illegally constructed container houses, urban management law enforcement departments can order a halt to construction and require rectification within a specified time limit in accordance with the law; if rectification is not made within the time limit, they can be demolished. If it is impossible to take corrective measures to eliminate the impact, a demolition order shall be issued. If demolition is not possible, the physical structure or illegal income may be confiscated, and a fine of up to ten percent of the construction cost may be imposed.