Legal information

Article introduction: Are unlicensed houses illegal construction? The answer is no, and here’s why.

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.

3. 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.

4. If you encounter illegal forced demolition, the demolished person can 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. You must file a lawsuit to defend your rights within 6 months of knowing the date of forced demolition.

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Editor/Original Author: Yingting Demolition Lawyers Group