Legal information

Article introduction: The "Beijing Urban and Rural Planning Regulations (Revised Draft)" points out that parties involved in illegal construction who do not cooperate with law enforcement may be punished as obstructing official duties.

1. What are the restrictive measures against illegal buildings?

1. The revised draft improves the means of investigating and punishing illegal construction and increases the cost of illegal construction. The revised draft mentions that when handling water supply, power supply, gas supply, heat supply, communications and other service procedures, municipal public service units should check the planning permit or real estate registration certificate of the construction project. If there is no planning permit or real estate registration certificate, corresponding services shall not be provided; if a construction project is constructed without a planning permit, municipal public service units and other units shall not provide construction water and electricity. The Yingting Demolition Group believes that if there is no planning permit or real estate registration certificate, and relevant service procedures have been completed or services have been provided, the municipal public service unit should make corrections in a timely manner.

2. The revised draft stipulates corresponding restrictive measures for the situation where relevant agencies seal up illegal construction in violation of regulations. It is clarified that any unit or individual disposing of houses and land must not hinder the investigation and punishment of illegal construction. Before disposing of houses and land in accordance with the law, they should learn about the relevant planning situation from the planning and land department. If illegal construction is involved, they can only be disposed of after the planning and land department has notified the illegal construction in writing. Yingting has handled many illegal construction cases.

2. Those involved in illegal construction who fail to cooperate with law enforcement may be punished as obstructing official duties.

1. For illegal construction, the revised draft proposes to impose credit penalties on the parties concerned. Law enforcement agencies share administrative penalties or administrative coercion against parties involved in illegal construction to Beijing's public credit information platform, and relevant departments can take disciplinary measures against them in accordance with Beijing's regulations on public credit information management.

2. For parties involved in illegal construction who fail to pay related fees such as forced demolition and backfilling within the time limit, and who fail to apply for administrative reconsideration or initiate administrative litigation within the statutory time limit after being fined, and fail to pay the fine, the law enforcement agency may apply to the court for enforcement, and the court may include them in the list of "untrustworthy persons subject to enforcement" in accordance with the law.

3. Failure to cooperate with law enforcement may be deemed as obstruction of official duties and punished. If a party refuses, hinders, or obstructs law enforcement agencies from entering the scene, breaks into, forcibly enters, or destroys the sealed scene, the public security organs will give a warning and corresponding fines; if the circumstances are serious, administrative detention and fines will be imposed.

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.