Is It Illegal to Renovate a Container into a House?

Renovating a container into a house without approval and using it constitutes illegal construction.

Legal Basis for Illegality

According to the provisions of the Urban and Rural Planning Law of the People's Republic of China, in township and village planning areas, if construction is carried out without obtaining a rural construction planning permit in accordance with the law or without complying with the provisions of the rural construction planning permit, the township or town people's government shall order the cessation of construction and make corrections within a specified time limit; if the corrections are not made within the time limit, the construction may be demolished. Renovating a container into a house to make it suitable for living, such as providing water and electricity supply, opening doors and windows, or installing air conditioners, is equivalent to building a new house. A planning permit should be obtained in accordance with the law. Unauthorized renovation and use without approval constitute illegal construction.

Practical Case Examples

• In Miaozhong Village, Miaozhen Town, Chongming District, a resident purchased a renovated container house. The law enforcement officers informed the resident that the container, which had been renovated into a house without approval, was suspected of illegal construction, and its nature was the same as building a house without a permit.
• The comprehensive administrative law enforcement team of Changhai Road Subdistrict, Yangpu District, found a container renovated into a house on the sidewalk at the intersection of Zhongyuan Road and Changhai Plaza. It was found that the container was used for temporary residence by road construction workers nearby and no procedures had been handled. The law enforcement officers informed them that it was an illegal building.
• The owner of a restaurant in Lvxiang Town, Jinshan District placed a container behind the house as temporary housing for employees without the approval and handling of relevant procedures. The law enforcement officers pointed out that this behavior constituted illegal construction.

Special Circumstances Explanation

Although China's current laws do not specifically stipulate whether it is legal to build container houses in rural areas, if the construction is carried out on legally obtained homesteads, complies with the overall land use plan of the township (town) and the village plan, does not occupy permanent basic farmland, makes full use of the original homesteads and idle land in the village as much as possible, and is approved by the township (town) people's government after review, it is generally legal. However, even in rural areas, if a container is renovated into a house for living and other purposes without legal approval, it may still constitute illegal construction.