Do Container Houses Require Formalities?

Container houses generally require relevant approval procedures when used as buildings.

Necessity of Approval

Although container houses are essentially movable metal structures, when they are transformed to possess housing attributes and are used for living, business operations, etc., they occupy public spaces and generate business transactions, thus falling into the category of buildings. According to Article 44 of the Urban and Rural Planning Law of the People's Republic of China, temporary construction within urban and town planning areas shall be approved by the urban and county people's government's urban and rural planning administrative departments. Using the transformed containers for production or daily life without approval not only affects the overall urban and rural planning but also poses significant safety hazards.

Approval Requirements for Different Uses and Scenarios

• Residential Use: If container houses are used for living, planning approval procedures are generally required. For example, if a container house is built on public land in a residential community as a living place without planning approval and without a land use certificate, it is considered an illegal structure, and the urban management law enforcement department can legally demolish it.
• Commercial and Business Use: For starting a business, such as container shops and cafes, approval is also required. This is because it involves business activities and changes the use nature of the land and buildings. It is necessary to apply to the relevant departments in accordance with regulations and obtain approval before putting them into use.
• Special Scenarios: Container houses on unhardened ground, without access to water and electricity, and used only for storing agricultural materials do not change the land nature and do not form permanent occupation, so they are generally not considered illegal structures. However, once a concrete foundation is poured, water and electricity are connected for long-term living, or they are converted into business-oriented bed and breakfasts, they will fall into the category of 'substantially changing the land use' and require approval procedures.

Consequences of Non-Approval

If container houses are constructed without approval, the relevant lease contracts may be deemed invalid. For example, in a container house lease case adjudicated by the Beijing Second Intermediate People's Court, Company A rented out containers constructed without approval to Company B for use, and the House Lease Contract signed by both parties was ruled invalid.