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Beijing Yingtong Law Firm has focused on the protection of the rights and interests of private enterprises for many years. It has represented many corporate rights protection cases in the legal practice of rights protection in natural resources, mining, land, waters, territorial space, corporate equity, criminal defense, factory demolition, environmental protection shutdown, prohibition and vacation, etc., including large-scale real estate...

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Is it an illegal construction? Don’t be in a hurry to dismantle it yet

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Article author:Yingting Lawyers Group | Update time:2019-07-08 | Reading times:288

1. If it is determined to be an illegal building, the demolition procedures are as follows.

1. First, an administrative decision to demolish within a time limit must be made.

2. Make reminders.

3. Make administrative enforcement decisions.

4. Implement administrative compulsory demolition decisions.

5. Announce the demolition within a time limit for the unspecified majority of the society.

6. Compulsory demolition can only be carried out if the parties concerned neither apply for administrative reconsideration nor initiate administrative litigation within the statutory period.

Is it an illegal construction? Don’t be in a hurry to dismantle it yet


2. Don’t rush to remove the violations first.

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.

4. In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you cannot actually solve the problem. All that is lost 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.

Is it an illegal construction? Don’t be in a hurry to dismantle it yet


3. Don’t demolish illegal construction whenever you see it!

1. Demolition may cause significant damage to public interests.

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

3. The existing technical conditions cannot implement demolition.

4. It can be converted into a legal building.

Is it an illegal construction? Don’t be in a hurry to dismantle it yet

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