Legal information

Introduction to the article: Illegal construction refers to houses and facilities constructed outside the planning area without obtaining a planning permit for the proposed project (original site, site selection and construction opinion), and in violation of relevant laws and regulations such as the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction of Villages and Market Towns, and other relevant laws and regulations. Illegal buildings do not necessarily have to be demolished, so there is no equal relationship between unlicensed houses, illegal buildings and demolition of illegal buildings.

1. Unlicensed house = illegal construction?

1. So according to the law, does an unlicensed house necessarily equal an illegal construction?

Unlicensed houses do not mean illegal construction, such as houses built on one's own homestead, such as houses built before January 1, 2008, or houses whose real estate certificates were not obtained in time due to changes in relevant government departments and other reasons, etc. There are many reasons for being unlicensed, so unlicensed housing does not mean illegal construction.

2. Do illegal buildings have to be demolished?

Buildings constructed without a construction project planning permit or in violation of the relevant content approved by the construction project planning permit are considered illegal buildings. The Yingting demolition team learned that there are many reasons for illegal buildings. Some are due to the parties involved, and some are due to government agencies. The legal consequences for illegal buildings are not the only ones. There are confiscation and demolition within a time limit, as well as fines and reissue procedures, and confiscation and demolition within a time limit are limited to serious violations of urban planning.

2. Illegal buildings do not necessarily have to be demolished. Don’t demolish them yourself yet!

1. If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. Due to historical reasons, there may be some houses suspected of illegal construction. Whether it needs to be demolished and whether compensation can be given after demolition should be treated differently according to different situations.

2. 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.

3. In practice, illegal buildings may not necessarily be demolished, but may also be converted into legal buildings and remain there permanently. There are many reasons for illegal construction, including the parties involved and the administrative agencies. Ying Ting believes that the legal consequences for illegal buildings are not the only ones. There are confiscation and demolition within a time limit, as well as fines and reissue procedures, and confiscation and demolition within a time limit are limited to serious violations of urban planning.

Yingting reminds you:

In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! If you cannot reach an agreement with the expropriation and demolition party, please contact a professional expropriation and demolition lawyer as soon as possible to find a solution.