Container House Cleanup Regulations

Container houses that undergo housing renovations without approval or occupy public spaces are generally considered illegal constructions and must comply with relevant cleanup regulations. If they are used for temporary storage in accordance with regulations and do not change the land use, they are usually not considered illegal constructions, but they must still follow certain norms.

Situations considered illegal constructions and regulatory basis

• Unauthorized housing renovations: Renovating a container into a house, such as installing doors and windows, air conditioners, water and electricity supplies, making it suitable for living, without obtaining relevant approval documents like the construction project planning permit, is considered an illegal construction. For example, in a case investigated by the Comprehensive Administrative Law Enforcement Team of Changhai Road Subdistrict, Yangpu District, a container on the sidewalk at the intersection of Zhongyuan Road and Changhai Plaza was renovated into a house without any permits. The law enforcement officers ordered the unit responsible to remove the container within a specified time according to the Urban and Rural Planning Law of the People's Republic of China.
• Occupying public spaces: Building or erecting container houses in public areas within planned regions, such as community public platforms, streets, and squares, where it is impossible to obtain a construction project planning permit, is considered an illegal construction. For instance, a property owner in a certain community in Daojiao Town placed a container on the second-floor platform, and the urban management department determined it was an illegal construction and ordered its removal.
• Changing land use: If a container house is used for business or living purposes, substantially changing the land use, it may be considered an illegal construction.

Situations not considered illegal constructions and normative requirements

• Temporary storage of agricultural materials, etc.: Placing containers on the rooftops of self-built houses or in fields for the temporary storage of agricultural materials and tools is considered a farm or orchard watchhouse. As long as it does not damage the plow layer, has no water and electricity supplies inside, no traditional foundation construction on the ground, and does not occupy land quotas, it is usually not considered an illegal construction. However, it is important to avoid hardening the ground or building permanent foundations.

Relevant regulations and enforcement for illegal construction cleanup

• For illegal container houses: According to Article 44 of the Administrative Compulsory Law of the People's Republic of China, for illegal buildings, structures, or facilities that need to be forcibly demolished, the administrative organ shall make an announcement and order the parties concerned to demolish them within a specified time. If the parties do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit and do not demolish them, the administrative organ may forcibly demolish them in accordance with the law.