Legal information

Article introduction: During land acquisition and demolition, what is the difference between demolishing illegal buildings and demolishing legal buildings? How big is the difference in compensation between demolishing illegal buildings and demolishing legal buildings?

1. The demolition of illegal buildings is the administrative enforcement of illegal construction behaviors by planning, urban management, township and town governments and other departments in the process of exercising their urban and rural construction management functions.

2. Land acquisition and demolition refers to the administrative expropriation behavior in which the state expropriates or expropriates the land use rights and above-ground buildings of units or individuals based on the needs of public interests, and provides reasonable compensation in accordance with legal standards.

3. The administrative subjects of the two are different, the purposes of their actions are different, and the applicable legal basis is even more different. Therefore, the Yingting Demolition Group believes that the legal procedures for demolishing illegal buildings and land acquisition and demolition will not necessarily overlap, let alone allowing the demolition of illegal buildings to become the most powerful auxiliary means in land acquisition and demolition.

4. Demolition of illegal properties is often used as a means to promote demolition. After the expropriated people are misled by the identification of “illegal construction”, they usually do not know how to protect their rights and interests through legal procedures.

5. When legal buildings are demolished, reasonable and legal resettlement compensation must be provided to ensure that the living standards of the demolished people are not lower than before the demolition.

6. If you demolish illegal buildings, you may not get compensation, or you may only get compensation equal to the cost price of the house and compensation for the raw materials of the house.

7. If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. Ying Ting believes that 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.

Yingting reminds you:

(1) 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.

(2) 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.

(3) 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.