Legal information

Article introduction: Because the causes of illegal construction are different, they can be dealt with separately according to different situations. Illegal buildings may also be converted into legal buildings and remain there permanently. We have no way of knowing the final fate of illegal buildings until the administrative authorities make a decision. Ying Ting believes that illegal buildings should be fully utilized before they are demolished or confiscated. It is more in line with the overall interests of society and the intention of national policies to confirm that the contract is valid.

1. Reasons why it can be converted into a legal building

1. There are many reasons for illegal construction, including the parties’ reasons and the administrative agencies’ reasons. 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. Moreover, confiscation and demolition within a time limit are limited to serious violations of urban planning.

2. The administrative department has not made a decision to confiscate or demolish illegal buildings. It is a decision made based on a comprehensive balance based on the overall interests of society. Then, quite a few of these illegal buildings can still be corrected, and after correction, they will continue to exist permanently like legal buildings.

3. Ying Ting believes that even among the illegal buildings that cannot be corrected, there are still quite a few that affect the city's long-term planning and can be used by people in the short term and do not need to be demolished immediately.

2. In these three situations, illegal buildings do not need to be demolished.

1. Affecting the safety of the main structure of buildings and structures.

If the building is partially demolished, the safety of the main structure of the building and structures will be affected. Or the overall demolition of the building will affect the safety of adjacent buildings and the main structure of the structure. In this case, the illegal building does not need to be demolished.

2. The existing technical conditions cannot implement demolition.

Due to the particularity of the building or the particularity of the geographical location of the building, illegal buildings that cannot be demolished according to the existing demolition technical conditions may not be demolished.

3. Demolition may cause significant damage to public interests.

Some illegal buildings may cause significant damage to public interests after demolition, or may cause other serious consequences after demolition. In this case, the illegal building may not be demolished.

Yingting reminds you:

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. Because you can’t find a reason to ask for compensation, it’s also difficult to determine who to sue in court. If your house has been forcibly demolished, you can take relevant photos and videos before, at, and after the demolition as evidence of the demolition and as the basic basis for proposing compensation conditions. It is also easy to identify the subject who carried out the forced demolition, know who to sue, and find out who should bear the responsibility for the forced demolition.