Legal information

Article introduction: These "illegal buildings" cannot be demolished! If you dismantle it wrongly, you can apply for state administrative compensation!

1. What are the types of illegal buildings?

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 scope of demolition and expropriation 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) Self-built buildings around existing houses, courtyards, roofs, and balconies.

(6) Sheds, houses, etc. built on land such as corridors, roadsides, public green spaces, sidewalks, etc. without approval. The Yingting demolition team learned that Mr. Li's family built a house privately next to the highway, which may be in this situation. There may have been legal procedures for building a house in the village, but Mr. Li did not have legal procedures, and the house he built may involve illegal construction.

2. These houses are not illegal buildings at all.

1. Houses built, renovated, or expanded before 2008 must have complete land use rights and complete land use rights certificates. Or the right to use housing determined by the corresponding functional authority department, or the right to use collective construction land purchased by a township enterprise at one time, or the right to use state-owned industrial land obtained through bidding, auction, and listing, and the building was first constructed or renovated before 2008.

2. Buildings built by investment promotion enterprises with the approval of the government or functional departments with the authority to approve construction legality cannot be deemed as illegal buildings.

3. my country's "Land Management Law" was implemented on June 25, 1986. The 1982 "Regulations on the Management of Land for Village and Town Housing Construction" was abolished after the implementation of the "Land Management Law". Houses on rural land built before the implementation of the Land Management Law in 1986 cannot be considered illegal buildings.

4. Before the overall land planning adjustment, the house complied with the then land use plan and obtained relevant certificates and licenses that complied with the then legal provisions. Rural land that meets the conditions at that time but does not meet the current conditions cannot be arbitrarily identified as illegal buildings. According to Article 73 of the Land Management Law, it can only be confiscated but cannot be demolished within a time limit.

5. Ying Ting believes that in accordance with the relevant provisions of my country's Urban and Rural Planning Law, if a "Building Land Planning Permit", "Site Selection Opinion" and preliminary land-related procedures have been obtained, and the final "House Construction Permit" or real estate certificate can be obtained by correcting or completing certain procedures, the procedures can be resubmitted and cannot be arbitrarily deemed as an illegal construction. It should be given the opportunity to make corrections or make corrections within a time limit.

6. Some governments sell the remaining land use rights of former township enterprises (including old residential areas) through bidding, auction, etc., but there may be no corresponding procedures for the buildings on the ground when selling. This situation cannot be casually regarded as illegal construction. Directly buying out land use rights and above-ground buildings from the government cannot be considered illegal construction.

7. If you obtain a land use right certificate but do not have a real estate certificate or relevant planning procedures for the construction project, it cannot be considered an illegal construction. Because certain procedures have been obtained, but the license is incomplete, it can be reissued and extended.

8. Rural contracted land used for agricultural production, or land used for free reclamation of barren hills and wastelands or for basic farmland production and construction. Nor can it be arbitrarily regarded as illegal construction.

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.