Legal information

Introduction to the article: Before implementing the forced demolition of illegal buildings, procedures such as administrative decisions, reminders, and enforcement decisions should be made.

Is it illegal to demolish illegal buildings?

1. How many types of illegal buildings are there?

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.

1. Buildings and structures are newly built, constructed and expanded on collective land such as contracted land and homestead land without approval, and the land use rights are obtained through private transfer by farmers.

2. Failure to obtain a construction project planning permit, or although a construction project planning permit is obtained, the construction is not carried out in accordance with the approved scope and content.

3. Buildings and structures that will be newly built, expanded or renovated after the demolition and expropriation scope is determined.

4. Newly built, constructed and expanded buildings and structures that occupy state-owned land and illegally occupy collective land in rural areas.

5. Sheds, houses, etc. built on land such as corridors, roadsides, public green spaces, sidewalks, etc. without approval.

Self-built houses, that is, self-built buildings around existing houses, courtyards, roofs, and balconies.

2. If it is determined to be an illegal building, it cannot be demolished at will.

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. Yingting learned that only when the parties neither apply for administrative reconsideration nor initiate administrative litigation within the statutory period, they can prepare for forced demolition.

3. The following procedures must be followed for the forced demolition of illegal buildings.

(1) Procedures before the implementation of forced demolition

1. Application for administrative compulsory house demolition

2. Review

3. Organize hearings

4. Submit for approval

5. Evidence preservation

6. Implementation

(2) Procedures for the implementation of forced demolition

1. Post a notice of compulsory demolition;

2. The Yingting Demolition Group believes that the department ordered by the people's government at the same level to carry out administrative compulsory demolition shall formulate an implementation plan and make various preparations for the administrative compulsory demolition of houses; the implementation plan shall be reported to the Legal Affairs Office of the people's government at the same level for filing;

3. Notify the demolishers to go to the notary office for relevant evidence preservation;

4. After the preparation work is completed, notify the demolished persons in writing of the compulsory demolition time and require them to be on site to cooperate in the implementation;

5. Notify relevant units and grassroots organizations of the compulsory demolition time, and send personnel on site to assist in the implementation;

6. Make various preparations for shipment and storage;

7. The house demolition management department shall work with relevant units to implement compulsory demolition;

4. 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. 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:

If you encounter illegal demolition, you must file an administrative lawsuit within 6 months from the date you learned about the demolition. Because according to the relevant laws of our country, when encountering land acquisition and demolition, the expropriated and demolished persons 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. If your house is forcibly demolished, you must file a lawsuit to defend your rights within 6 months of knowing the date of demolition. Many people miss the statute of limitations because of petitions. Even if they file a lawsuit, the court will not accept it. 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.