Illegality of Land Occupation by Container Houses

Whether container houses occupying land are illegal requires discussion on a case-by-case basis. Container houses that undergo housing modifications without approval or occupy public spaces or farmland are generally considered illegal structures.

Container Houses with Housing Modifications and Without Approval Are Illegal Structures

When a container is modified to have living conditions, such as water and electricity supply, door and window installation, or air conditioning installation, if no application has been made to the relevant competent authorities, or if the approved application has not been actually implemented, and no land use right certificate or planning permit has been obtained, then it constitutes an illegal structure. For example, during routine inspections, the Chongming Urban Management Newhai Town Brigade found a housing-modified container house stacked beside a farmland in Hongxing Farm, which was required to be rectified for suspected unauthorized construction. The Yangpu District Changhai Road Subdistrict Comprehensive Administrative Law Enforcement Team found a housing-modified container placed on the sidewalk at the intersection of Zhongyuan Road and Changhai Plaza, which was identified as illegal construction as no procedures had been completed.

Container Houses Occupying Public Spaces or Farmland Are Illegal Structures

Containers stacked in public areas should be identified as illegal occupation of public spaces. For example, the Jinshan District Lvxiang Town Comprehensive Administrative Law Enforcement Team found a container behind a restaurant in Lvxiang Town, which was used as temporary housing for employees without approval and occupied public space, thus constituting illegal construction. Among the typical cases of illegal occupation of farmland for housing construction in rural areas reported by the State Council, there were acts of illegally occupying farmland to build temporary color-steel structures and temporary work sheds. These container-type structures placed on farmland without approval are all illegal structures.

Basis for Identifying Illegal Structures

According to Article 65 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, set a time limit for rectification; if rectification is not made within the time limit, the structure may be demolished.