Legal information

Introduction: If a building is demolished in the name of demolition violation, there is no unified standard for how much compensation the house owner can receive. How to compensate for the demolition of illegal buildings? Today we talk about this topic.

1. What kind of losses should be compensated for the forced demolition of illegal buildings?

Yuan owns a house, but the house has not gone through the construction approval procedures and house ownership procedures. The house was forcibly demolished by the sub-district office in the name of "demolition violation". Yuan sued and the court ruled that the forced demolition was illegal. Yuan filed an administrative compensation lawsuit and requested state compensation. Yingting learned that the court of first instance held that the house involved did not have legal construction approval documents. Although the forced demolition by the subdistrict office was illegal, the construction and use of the house involved did not comply with relevant laws and regulations. It did not belong to the legitimate rights and interests of the plaintiff and did not fall within the scope of compensation under the State Compensation Law. Its request for restoration to its original condition and compensation based on the current value of the house will not be supported. The defendant should compensate for the losses to the "properties in the house" caused by the forced demolition.

2. What are the legal provisions regarding the identification of illegal buildings?

(1) Illegal construction refers to buildings and structures constructed without approval from the planning and natural resources authorities and without obtaining a construction project planning permit or a temporary construction project planning permit. The Yingting Demolition Group learned that Article 40 of the Urban and Rural Planning Law stipulates that when constructing buildings, structures, roads, pipelines and other projects within city or town planning areas, the construction unit or individual shall apply for a construction project planning permit from the urban and rural planning department of the city or county people's government or the town people's government determined by the people's government of the province, autonomous region, or municipality directly under the Central Government.

(2) To carry out the construction of township enterprises, rural public facilities and public welfare undertakings within the township or village planning area, the construction unit or individual shall submit an application to the township or town people's government, which shall report to the urban and rural planning department of the city or county people's government for the issuance of a rural construction planning license. The planning and management methods for using original homesteads for rural villagers' residential construction in township and village planning areas shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government.

3. Yingting’s point of view

From the perspective of property rights under civil law, the owner of an illegal building has property rights over the building. In other words, you have ownership of the building materials and contents of the house. Since personal property is inviolable, the demolishing party should compensate for related property losses. In practice, illegal buildings cannot be demolished at once. Some houses were not illegal construction at all, but were directly demolished just because they were "suspected of illegal construction." Because of the illegal and forced demolition behavior of the demolition party, the legal property of the house owner has been damaged. In this case, you should apply for state compensation. Although some houses are illegally built, they can be converted into legal buildings through correction procedures and other means and can exist for a long time. In this case, illegal construction cannot be demolished casually. In this case, if the house involved is indeed illegally built, the owner of the house should at least be given corresponding compensation, that is, legal and reasonable compensation for the loss of "the building materials and contents of the house."

Yingting reminds you:

When faced with demolition, some demolished people took drastic measures to resist demolition and were even punished by law for certain criminal charges. This is unwise! When facing demolition, you should stay awake and avoid physical confrontation with the demolition personnel, and do not make verbal attacks. Protect the personal safety of yourself and your family. You can symbolically express your disagreement with the forced demolition and make audio and video recordings as evidence. Make a phone call to report the crime and record it as evidence at the scene of the forced demolition. If you have objections to resettlement compensation, file an administrative review within 60 days of receiving the expropriation decision, expropriation compensation decision and other specific administrative actions, and file an administrative lawsuit within 6 months. File a lawsuit to defend your rights within 6 months from the date the house was demolished. You can consult a land acquisition and demolition lawyer for solutions, or hire a demolition lawyer to negotiate with the government to strive for satisfactory compensation.