Legal information

Article introduction: The administrative agency notifies you to demolish illegal buildings on your own. Will you demolish them or not? What can you do?

1. What are the prerequisites for forced demolition?

According to Article 44 of the "Administrative Enforcement Law", if illegal buildings, structures, facilities, etc. need to be forcibly demolished, the administrative agency shall make an announcement and the parties concerned shall demolish it on their own within a time limit. The Yingting Demolition Team learned that if the parties concerned do not apply for administrative reconsideration or file an administrative lawsuit within the statutory time limit, and do not demolish it on their own, the administrative agency may force the demolition in accordance with the law.

2. What can you do when faced with a demolition promotion notice?

(1) According to legal provisions, administrative reconsideration and administrative litigation can be conducted for specific administrative actions.

(2) If the administrative agency issues a notice of forced demolition, it can raise objections to the identification of illegal buildings and the illegality of demolishing illegal buildings in accordance with legal procedures.

(3) During the period of administrative review and administrative litigation, according to the provisions of Article 44 of the "Administrative Enforcement Law", law enforcement agencies cannot enforce enforcement.

(4) Article 43 of the Administrative Enforcement Law stipulates that administrative agencies shall not implement administrative enforcement at night or on legal holidays. However, exceptions are made in emergencies. Administrative agencies may not stop water supply, power supply, heat supply, gas supply, etc. to residents' lives to force the parties to fulfill relevant administrative decisions. "

3. Do you want to demolish the house yourself?

(1) 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.

(2) 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. Don’t miss the statute of limitations through petitions, reports, etc.

Yingting reminds you:

During the demolition process, we may encounter many illegal administrative actions, and we must actively safeguard our legitimate rights and interests. Land acquisition and demolition policies and resettlement compensation standards are different in various places, and land acquisition projects are different, so they cannot be generalized. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.

Each case has a story. If you encounter similar problems, you can send a private message for one-on-one consultation.

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Editor/Original Author: Yingting Demolition Lawyers Group