Zhang called today to say that they had received a "Notice of Order to Demolish within a Time Limit", requiring him to demolish the illegal building within a time limit. Many people subject to expropriation have received such notices. What are the provisions of the Urban and Rural Planning Law?

What exactly is Article 64 of the "Urban and Rural Planning Law"? How is it stipulated and how to interpret it? Why are the penalties for demolition and illegal construction in urban and rural areas written in accordance with Article 64 of the Urban and Rural Planning Law? "According to Article 64 of the Urban and Rural Planning Law, if a construction project planning permit is not obtained or construction is not carried out in accordance with the provisions of the construction project planning permit, the urban and rural planning department of the local people's government at or above the county level shall order the construction to stop."

Does this sentence sound familiar? Many people who have received penalty notices for illegal construction have seen this sentence. There are three points in this law and regulations: 1. The project planning permit is wronged or the construction is not carried out in accordance with the construction project planning permit; 2. The urban and rural planning department of the people's government at or above the county level; 3. Construction is stopped. Many people see this penalty notice and think that since the national laws and regulations stipulate that we have not obtained the construction project planning permit. Without a permit, it is a violation, and violations must be demolished. The logic seems to be correct.

But there is another sentence in Article 64 of the Urban and Rural Planning Law. Units that issue notices of demolition violations often consciously "ignore" it. Let's take a look at which sentence they ignore: "If corrective measures can be taken to eliminate the impact on the implementation of the plan, corrections will be made within a time limit, and a fine of 5%-10% of the construction project cost will be imposed." Those that cannot be corrected will be demolished within a time limit, and those that cannot be demolished will be confiscated, and a fine of up to 10% may also be imposed.

Why are many "Notices ordering demolition within a time limit" selectively ignored?

Article 64 of the Urban and Rural Planning Law

If the construction project planning license is not obtained or the construction is not carried out in accordance with the provisions of the construction project planning license, the urban and rural planning department of the local people's government at or above the county level shall order the construction to stop; if corrective measures can be taken to eliminate the impact on the implementation of the plan, corrections shall be made within a time limit, and a fine of not less than 5% and not more than 10% of the construction project cost shall be imposed; if corrective measures cannot be taken to eliminate the effects, the construction shall be demolished within a time limit; if it cannot be demolished, the physical goods or illegal income shall be confiscated, and a fine of not more than 10% of the construction project cost may be imposed.

Demolition is coming, have you received the "Notice Ordering Demolition within a Time Limit"?