Legal information

Article introduction: This morning (July 16), the "most awesome illegal building" located in Anzhen, Chaoyang District, Beijing, was demolished. This building is located in Huazhan International Apartment and has been built for nearly 20 years.

1. An Zhen’s “most awesome illegal building” was demolished

1. On July 16, 2019, relevant departments demolished 1,100 square meters of illegal construction in Huazhan Apartment, Anzhen Street, Chaoyang District. Not only that, before this, more than 190 illegal buildings have been demolished on the street this year, covering an area of ​​approximately 2,088 square meters.

2. The illegal buildings demolished today are the most difficult tasks in demolishing illegal buildings this year. Why should this illegal building be demolished? Since 2017, Anzhen Street has received reports from surrounding residents that there are many illegal buildings in Huazhan Apartment. Relevant departments launched an investigation into this.

3. After verification by relevant departments, illegal construction was involved, including the external expansion of the first- and second-floor gardens of Towers A, B, and C of Huazhan Apartments. Some residents dig basements privately, expand illegally, and conduct illegal business operations. This poses a serious fire safety hazard to surrounding residents. Therefore, relevant departments investigated and demolished the illegal buildings involved.

2. Is there any compensation for these illegal constructions? Which illegal buildings can be compensated?

(1) Investment promotion enterprises with incomplete procedures

For investment promotion companies with incomplete procedures, in order to quickly implement the project, the government opened a green channel to handle various licensing procedures, allowing construction first and approval later. Later, due to some reasons, the relevant procedures were not completed. In this case, the Yingting Demolition Group believes that as long as it does not exceed the scope of planning permission, it has a certain degree of legitimacy and is in line with the principle of trust and interest. Therefore, such investment enterprises should receive reasonable compensation during demolition.

(2) Farms and individual business houses with incomplete procedures

Some farms supported by local governments did not have complete procedures at the time. When faced with subsequent expropriation, the expropriating party would demolish them in the name of "illegal construction." However, according to the "Notice of the Bureau of Land and Resources and the Ministry of Agriculture on Issues Concerning Improving the Management of Facility Agricultural Land" issued in 2010, those who occupy agricultural land for the construction of agricultural facilities do not need to go through the approval procedures for agricultural land conversion. Therefore, if the farms built before 2010 have not gone through the formalities for agricultural facilities, they can seek reasonable compensation.

(3) Private houses with incomplete building procedures

Due to historical reasons, the building construction procedures are incomplete and the ownership registration of the houses cannot be carried out in the normal way. my country's Urban and Rural Planning Law was implemented on January 1, 2008. Houses built after that date must obtain building approval procedures. According to the principle of non-retroactivity of the law, for houses built before 2008 and with complete land use rights, such houses cannot be easily identified as illegal construction.

(4) It can be seen that the illegal buildings demolished in Anzhen, Chaoyang today do not fall into these categories.

3. Some illegal buildings do not need to be demolished

If your house is deemed to be an illegal construction, please first find out whether your house is an illegal construction. Please consult a professional land acquisition and demolition lawyer for professional legal advice. Because illegal construction refers to houses and facilities constructed outside the planning area without obtaining the planning permit for the proposed project (original site, site selection and construction opinions), and in violation of relevant laws and regulations such as the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction of Villages and Towns, and other relevant laws and regulations. Due to historical reasons, there may be some houses suspected of illegal construction. The Yingting Demolition Group believes that whether it needs to be demolished and whether compensation can be given after demolition should be treated differently according to different situations. 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. 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. If a house that should not be demolished is demolished, or the procedures for demolishing illegal construction are illegal, the demolished people can protect their rights and interests through administrative reconsideration, administrative litigation and other channels. If criminal law is violated, the relevant personnel may be held criminally responsible.

Yingting reminds you:

1. If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. If you have any questions, please consult a professional land acquisition and demolition lawyer for professional legal advice.

2. Because illegal construction refers to houses and facilities constructed outside the planning area without obtaining the planning permit for the proposed project (original site, site selection and construction opinions), and in violation of the provisions of the Land Management Law, the Urban and Rural Planning Law, the Regulations on the Planning and Construction Management of Villages and Towns and other relevant laws and regulations. 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. 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. 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.