Legal information

Introduction to the article: Wu asked Ying Ting why his house was suddenly called an illegal building after he had lived in it for decades. How to identify illegal construction? Which buildings are often “misidentified” as illegal buildings?

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 believes that the house Wu's family built privately next to the highway may be in this situation. There may have been legal procedures for building a house in the village, but Wu did not have legal procedures, and the house he built may involve illegal construction.

2. These 8 types of houses cannot be considered illegal construction.

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. 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.

3. 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. Some relocated households will petition, but petitioning is not a legal channel, and no matter how long the petition lasts, it does not constitute a reason to interrupt the time limit for prosecution. Many people who were demolished were delayed in filing petitions and missed the statute of limitations. Even if they sued, the court would not accept it. Even if you find a lawyer, there is nothing you can do to help you! In practice, no matter how you report the situation to your superiors, report it to local staff, or visit everywhere, you can't actually solve the problem. What you only waste is your precious time to protect your rights and interests! 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.