Simple Container House on the Roof

Whether placing a simple container house on the roof constitutes illegal construction depends on the situation. Unauthorized construction without approval is generally considered illegal, while construction in accordance with the prescribed procedures is not. Here is a detailed analysis:

Basis for Determining Illegal Construction

According to relevant laws and regulations, illegal buildings mainly include those constructed without applying for or obtaining approval, without obtaining a construction land planning permit and a construction engineering planning permit; those constructed by擅自改变 (unauthorized alteration of) the provisions of the construction engineering planning permit; those constructed by擅自改变 (unauthorized alteration of) their intended use; temporary buildings that have not been demolished after the expiration of their validity period and have become permanent buildings; and those constructed by forging relevant materials to obtain permits from the competent authorities.

Situation of Placing Container Houses on the Roof

• Unauthorized Construction: If a container house is constructed on the roof without the approval of the relevant departments, altering the original planned use of the roof, affecting the structural safety of the building, or violating relevant building management regulations, it will generally be considered illegal construction. For example, if the use function of the roof is changed without permission, turning it from a non-construction area into a space with a functional use, or if the placement of the container poses a threat to the structural safety of the roof, such as its load-bearing capacity, it does not comply with the regulations.
• Construction in Accordance with Procedures: If, in accordance with the prescribed procedures, an application is submitted to the relevant departments and approval is obtained, and after professional design and assessment, it is ensured that the placement of the container will not affect the safety of the building and its intended use complies with urban planning and building management regulations, then it does not constitute illegal construction in this case.

Special Circumstances

In some places, container houses are regarded as temporary buildings, and no construction permit is required, allowing for free construction and demolition. However, in other places, they are considered illegal buildings and thus illegal construction. Moreover, even in cases where it is not considered illegal construction, when placing a container, it is necessary to avoid hardening the ground or constructing permanent foundations. Hardening the ground is considered illegal construction. At the same time, the container house should not be used for business or residence to prevent it from being regarded as a 'substantial change in land use'.