Legal information

Article introduction: Before implementing forced demolition, the demolition party should make administrative decisions, reminders, enforcement decisions and other procedures. Some illegal buildings that meet the conditions may be converted into legal buildings! Illegal buildings do not need to be demolished, but it must not be a one-size-fits-all approach!

First, even if it is determined to be an illegal construction, legal procedures must be followed. Demolition procedures for illegal buildings:

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.

Second, some illegal buildings do not need to be demolished. Don’t just demolish them when you see them!

1. Demolition may cause significant damage to public interests.

Ying Ting believes that some illegal buildings may cause significant damage to public interests after demolition, or may cause other serious consequences after demolition. In this case, the illegal building may not be demolished.

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

If the building is partially demolished, the safety of the main structure of the building and structures will be affected. Or the overall demolition of the building will affect the safety of adjacent buildings and the main structure of the structure. In this case, the illegal building does not need to be demolished.

3. The existing technical conditions cannot implement demolition.

Due to the particularity of the building or the particularity of the geographical location of the building, illegal buildings that cannot be demolished according to the existing demolition technical conditions may not be demolished.

4. It can be converted into a legal building.

(1) The Yingting Demolition Team believes that illegal buildings may not necessarily be demolished, but may also be converted into legal buildings and exist 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.

(2) The administrative department has not made a decision to confiscate or demolish illegal buildings. It is a decision made based on a comprehensive balance based on the overall interests of society. Then, quite a few of these illegal buildings can still be corrected, and after correction, they will continue to exist permanently like legal buildings.

Yingting reminds you:

(1) If your house is identified as an illegal construction, please first find out whether your house is an illegal construction. After encountering forced demolition, or within 60 days of receiving specific administrative actions such as expropriation decisions and expropriation compensation decisions, administrative reconsideration is filed, and administrative litigation is filed within 6 months. Don’t miss the statute of limitations through petitions, reports, etc.

(2) For legal houses that have been forcibly demolished, the statute of limitations is 6 months. After being identified as an illegal building, if you are dissatisfied with the decision to order demolition within a time limit, you must file a lawsuit with the People's Court within 15 days from the date of receipt of the demolition decision.

(3) Before the demolition of illegal construction is carried out, a final announcement still needs to be made. If the person being demolished files an administrative review or administrative lawsuit, the house involved in the case cannot be forcibly demolished before the judicial review is completed.

(4) If you have any questions, please consult a professional land acquisition and demolition lawyer for professional legal advice. 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.