Legal information

Article introduction: Which administrative departments can demolish your house? Only these 7 departments have the authority to demolish your house. Clarify their responsibilities, otherwise the compensation may be gone.

Department 1. Urban and Rural Planning Department--Planning Bureau

2008年1月1日起施行的《城乡规划法》第六十四条中规定，未取得建设工程规划许可证，或者未按照建设工程规划许可证的规定进行建设的，由县级以上地方人民政府城乡规划主管部门责令停止建设。

Department 2. Governments at all levels--township and township governments

《城乡规划法》第六十五条规定，在乡、村庄规划区内未依法取得乡村建设规划许可证或者未按照乡村建设规划许可证的规定进行建设的，由乡、镇人民政府责令停止建设、限期改正；逾期不改正的，可以拆除。

Department 3. Urban Management Comprehensive Administrative Law Enforcement Agency—Urban Management Law Enforcement Department

虽然《城乡规划法》赋予了规划部门查违建、罚款、拆除房屋等权力，不过在许多地区，行使这些职权的主力已经变为城管执法部门。楹庭拆迁团了解到，全国大部分地区均已设立城市管理综合行政执法机关，集中行使原由多部门行使的、涉及多领域的行政处罚权。

Department 4. Natural Resources Department - Department of Natural Resources

1、《土地管理法》第83条规定，依照本法规定，责令限期拆除在非法占用的土地上新建的建筑物和其他设施的，建设单位或者个人必须立即停止施工，自行拆除。

2、对责令限期拆除的行政处罚决定不服的，可以在接到责令限期拆除决定之日起15日内，向人民法院起诉；期满不起诉又不自行拆除的，由作出处罚决定的机关依法申请人民法院强制执行，费用由违法者承担。

3. However, judicial demolition needs to be implemented through the courts, rather than the natural resources authorities personally organizing the demolition.

Department 5. Real estate administrative department--housing and construction department

（1）《城市危险房屋管理规定》第十七条规定：房屋所有人对经鉴定的危险房屋，必须按照鉴定机构的处理建议，及时加固或修缮治理；如房屋所有人拒不按照处理建议修缮治理，或使用人有阻碍行为的，房地产行政主管部门有权指定有关部门代修，或采取其它强制措施。

(2) The work of this department is originally to ensure the safety of housing and use, and to avoid personal injury and property damage. Now it has become an illegal way used by individual expropriators to advance expropriation work and promote illegal demolition. The expropriating party can force the expropriated person to cooperate in signing the contract and move out of the house in the name of relieving danger.

Department 6. The grassroots dispatched agency of the government--subdistrict office

Unlike neighborhood committees, street offices are grassroots dispatched agencies of the government and can exercise some administrative powers in accordance with the law.楹庭认为在征收拆迁过程中，街道办事处经常作为房屋征收实施单位，承担协助调查评估、协助宣传政策等工作。 The Yingting demolition team found that the staff of the sub-district office often negotiated compensation conditions with the demolished households, persuaded them to sign and relocate, and carried out forced demolition of houses. In practice, during the court hearing, the person in charge of the sub-district office can also become an "administrative litigation defendant" and participate in the litigation according to law.

Department 7. Water resources administrative department--river water conservancy committees

1. For example, some expropriated houses in rural areas are considered illegal structures that encroach on rivers.

2. Article 65 of the "Water Law" stipulates that any building or structure that hinders the flow of floods within the scope of river management, or engages in activities that affect the stability of the river, endanger the safety of river banks and embankments, or otherwise hinder the flow of floods, shall be investigated by the water administrative department of the people's government at or above the county level or the river. The regional management agency shall, in accordance with its powers, order the cessation of illegal activities, demolish illegal buildings and structures within a time limit, and restore them to their original condition; if they are not demolished or restored to their original condition within the time limit, they shall be forcibly demolished, and the necessary expenses shall be borne by the illegal unit or individual, and a fine of not less than RMB 10,000 but not more than RMB 100,000 shall be imposed.

Yingting reminds you:

If you are facing land acquisition and eviction, be sure to stay clear-headed. In the face of forced demolition, it is necessary to retain evidence of forced demolition and protect one's legitimate rights and interests through legal channels. If the demolition and expropriation procedures are illegal, you can apply for administrative reconsideration or file an administrative lawsuit. Remember not to demolish the house on your own, but to sign a resettlement agreement and receive reasonable compensation before vacating the house. What can you do if you have objections to resettlement compensation? According to the relevant laws and regulations of our country, 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. If you have not negotiated compensation terms with the government, you can consult a lawyer specializing in land acquisition and demolition, or ask a lawyer to intervene and negotiate with the government using professional legal knowledge to strive for fair and satisfactory compensation.