Legal information

Introduction to the article: We know that the "Decision to Order Demolition within a Time Limit" is a legal document based on illegal construction. However, this document is often accompanied by land acquisition, demolition, forced demolition and other actions. In order to complete the demolition task as soon as possible and reduce the cost of demolition, the expropriating party often adopts the method of "replacing demolition with illegal demolition" to promote the progress of demolition work. Is your house an illegal construction? If your house is demolished as an illegal building without going through these 5 steps, you can sue them!

1. After investigation, it was determined that the building was illegal.

(1) According to the provisions of Article 24 of the Regulations on the Expropriation and Compensation of Houses on State-Owned Land, the people's governments at the municipal and county levels and their relevant departments shall strengthen the supervision and management of construction activities in accordance with the law, and those who build in violation of urban and rural planning shall be dealt with in accordance with the law. Before making a decision on house expropriation, the people's governments at the city and county levels shall organize relevant departments to investigate, identify and deal with unregistered buildings within the scope of expropriation in accordance with the law.

(2) Compensation shall be given to temporary buildings that are deemed to be legal construction and have not exceeded the approved period; compensation shall not be given to temporary buildings that are deemed to be illegal construction and have exceeded the approved period.

(3) The demolition of illegal buildings is one of the tasks of planning departments, township governments and other units, while land acquisition is initiated based on a certain public interest and involves related resettlement projects, engineering projects, resettlement compensation, social security, resettlement policies, etc. There is no causal relationship between illegal demolition and land acquisition. "Promoting demolition through illegal demolition" is obviously illegal.

(4) After receiving the "Decision Ordering Demolition within a Time Limit", the person being expropriated should apply for administrative reconsideration or file an administrative lawsuit as soon as possible to request the cancellation of this decision.

2. Issue a notice ordering demolition within a time limit, or make an administrative penalty decision.

Illegal construction includes illegal land use and violation of urban and rural planning. Specifically, the following situations may occur:

(1) According to the provisions of the Land Management Law, illegally occupying land for construction without approval or using deceptive means. In this case, the land administration department of the people's government at or above the county level shall order the return of the illegally occupied land and demolish the newly built houses on the illegally occupied land within a time limit.

(2) The Yingting Demolition Group believes that according to the provisions of the Urban and Rural Planning Law, the construction project planning permit was not obtained, or the house was built in violation of the provisions of the permit. In this case, 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 still 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 objects or illegal income shall be confiscated, and a fine of not less than 10% of the construction project cost may be imposed.

(3) According to the provisions of the Urban and Rural Planning Law, a rural construction planning permit has not been obtained, or construction has not been carried out in accordance with the provisions of the rural construction planning permit. The township and town people's governments shall order the construction to stop and make corrections within a time limit; if corrections are not made within the time limit, they may be demolished.

(4) In other words, even if it is an illegal building, it does not necessarily need to be demolished. It can be given time to make corrections through time-limited corrections, reissue procedures, administrative penalties, etc. Turn illegal buildings into legal buildings.

3. Urging the parties to perform their obligations

The Administrative Enforcement Law stipulates that before administrative agencies make a decision on enforcement, they should urge the parties to perform their obligations in advance. The reminder should be made in writing, including the following contents: (1) The time limit for performing the obligation; (2) The method of performing the obligation; (3) If monetary payment is involved, there should be a clear amount and method of payment; (4) The right of statement and defense enjoyed by the parties in accordance with the law. A written reminder is a necessary prerequisite for making a compulsory execution decision. In practice, after a "decision ordering demolition within a time limit" is made, forced demolition will be carried out soon and the reminder procedure will be skipped.

4. Carry out forced dismantling

(1) For illegal buildings that violate urban and rural planning, administrative agencies may make and implement forced demolition.

(2) For illegal buildings that use illegal land, the administrative agency can only apply to the court for enforcement. The administrative agency itself does not have the power to make forced demolition decisions. According to Article 83 of the Land Management Law, if a construction unit or individual is dissatisfied with the administrative penalty decision ordering demolition within a time limit, they may file a lawsuit with the People's Court within 15 days from the date of receipt of the decision ordering demolition within a time limit; if they do not file a lawsuit or dismantle it themselves upon expiration of the time limit, the authority that made the penalty decision, that is, the natural resources and planning department of the people's government at or above the county level, shall apply to the People's Court for compulsory execution in accordance with the law.

(3) For illegal buildings that violate urban and rural planning, according to the "Administrative Enforcement Law", if illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement, and the demolished persons shall demolish it on their own within a time limit. If the demolished person does not demolish the property within the statutory time limit, does not apply for administrative reconsideration or file an administrative lawsuit, the administrative agency may force the demolition in accordance with the law.

5. Serve legal documents in accordance with the law

According to Article 38 of the Administrative Enforcement Law, reminders and administrative enforcement decisions must be delivered directly to the parties concerned. If the party refuses to receive it or it cannot be served directly to the party, it shall be served in accordance with the relevant provisions of the Civil Procedure Law.

Yingting reminds you:

(1) If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. After encountering forced demolition, or within 60 days of receiving specific administrative actions such as expropriation decisions and expropriation compensation decisions, administrative reconsideration is filed, and administrative litigation is filed within 6 months. Don’t miss the statute of limitations through petitions, reports, etc.

(2) For legal houses that have been forcibly demolished, the statute of limitations is 6 months. After being identified as an illegal building, if you are dissatisfied with the decision to order demolition within a time limit, you must file a lawsuit with the People's Court within 15 days from the date of receipt of the demolition decision.

(3) Before the demolition of illegal construction is carried out, a final announcement still needs to be made. If the person being demolished files an administrative review or administrative lawsuit, the house involved in the case cannot be forcibly demolished before the judicial review is completed.

(4) If you have any questions, please consult a professional land acquisition and demolition lawyer for professional legal advice. Whether it involves illegal construction or land acquisition and demolition, it is best not to demolish the house involved yourself. If you dismantle it yourself, it will be difficult to get compensation later.