Legal information

Introduction: A decision letter ordering demolition within a time limit. This decision letter is a method often used by the expropriating party during the demolition and land acquisition process. This is also the prerequisite for the administrative department to carry out forced demolition, so there is a very important meaning behind this decision. When we, as ordinary people, receive this decision,How do we determine the legitimacy of this document? Is it because the administrative department issued this document that there is nothing we can do? The house that originally belongs to us is being slaughtered casually?

This requires careful analysis. If illegal demolition is used instead of demolition, the original expropriation purpose of the expropriating party is inappropriate. If people are forced to sign the demolition agreement in this way, the illegality of the decision will account for a large proportion. Lawyers analyze this. How can we judge whether the decision letter and other related documents are illegal from a legal perspective? How can ordinary people have the right to refuse in such a situation?

1. Ordering the demolition within a time limit and determining its purpose

This decision was actually made to deal with illegally built houses, which is not specious, because the two parties did not reach an agreement on the compensation agreement, and instead used the legal method of demolition decision. So, what is the purpose of this decision?

According to Article 83 of the Land Management Law, relevant departments may order the demolition of newly constructed buildings and other facilities on illegal land within a time limit.

According to Article 35 of the "Regulations for the Implementation of the Land Management Law", for temporary use of land, if permanent buildings or structures are built on such land; if buildings or structures that are not in compliance with the uses determined in the overall land use plan have been reconstructed or expanded before planning, the relevant departments may make a decision to order them to be demolished within a time limit.

According to Article 66 of the Urban and Rural Planning Law, (1) temporary construction is carried out without approval; (2) temporary construction is not carried out in accordance with the approved contents; (3) temporary buildings and structures are not demolished beyond the approved period. Relevant departments may decide to order demolition within a time limit.

From the above, it is not difficult to see that this decision was made based on violation of relevant legal provisions and was made for illegal construction. If our house construction is legal, ordinary people can reject this situation. The administrative department can only carry out judicial demolition through the People's Court, which is the only legal way.

2. The department that makes the decision to order demolition within a time limit

When receiving a decision document, we must pay attention to which level of competent authority made the decision, whether the subject who made the decision is qualified, and whether it complies with legal regulations. If the location of the house is not qualified for the subject of the competent authority that made the decision, then ordinary people can reject it in this case.

According to the relevant provisions of the Land Management Law, villagers illegally occupy land to build residences without approval from the competent authorities, and also build permanent buildings and structures on temporary land.The land administrative department of the people's government at or above the county level shall order the illegally used land to be returned, and then demolish the newly built houses on the illegally used land within a limited period.

According to the relevant provisions of the Urban and Rural Planning Law, if a building is constructed in a city without a construction permit or in accordance with the provisions of the construction permit, the competent department of the local people's government at or above the county level shall order it to stop construction; if a planning permit is not obtained in accordance with the law in a township or village planning area or construction is not carried out in accordance with the clear provisions of the permit, the township or town people's government shall order it to stop construction and demolition.

According to the relevant provisions of the "Urban City Appearance and Environmental Sanitation Management Regulations", if you build buildings, structures or other facilities on both sides of streets and public places without approval from the city's city appearance and environmental sanitation administrative department, thus affecting the city appearance, you will be ordered to dismantle them by the Law Enforcement Bureau.

3. Contents of the decision ordering demolition within a time limit

When people receive the decision letter, we must read the content in detail and determine whether the location, area, and legal basis of the illegally built houses mentioned in the content are appropriate. There must be corresponding legal basis for illegal construction. On the contrary, ordinary people have the right to refuse in this case.

4. How to deliver the decision ordering demolition within a time limit

According to the relevant provisions of my country's Administrative Procedure Law and Administrative Reconsideration Law, the relevant provisions of the Civil Procedure Law of the People's Republic of China shall apply to the method of delivery of the decision. According to the relevant provisions of the "Civil Procedure Law of the People's Republic of China", the service of litigation documents must have a service receipt. The person to be served must record the date of receipt, signature or seal on the service receipt. That is, the date of receipt on the service receipt is the date of delivery. If a person refuses to receive a litigation document, the reason for the refusal and the date must be written on the service receipt, which must be signed or stamped by the person delivering the document and the witness. The document can also be placed at the residence of the person to be served, and the delivery process can be recorded by taking photos, videos, etc., which will also be regarded as service. In practice, many people post documents on the door or wall of the recipient's room. In fact, this behavior is not in compliance with the law. Therefore, the recipient can apply for administrative reconsideration or administrative litigation according to law. People have the right to refuse in this case.

5. Whether the decision ordering demolition within a time limit fulfills the rights granted to citizens by law

According to the relevant provisions of the "Administrative Enforcement Law", for illegal buildings, structures, facilities, etc. that need to be forcibly demolished, the administrative agency shall make an announcement and set a date for the parties to demolish it on their own. If the party concerned does not apply for administrative reconsideration (60 days) or file an administrative lawsuit (6 months) from the date when the party receives the decision ordering demolition within a time limit, and does not demolish it within this time, the administrative agency has the right to forcibly demolish the remaining illegal buildings after the statute of limitations has expired in accordance with the law.

When receiving a decision ordering demolition within a time limit, does the document clearly state the people’s rights of reconsideration and litigation? This right is a remedy granted by our country's laws. If an illegal building is built and the corresponding competent department compulsorily demolishes the building within the validity period, then this is a serious procedural violation. In fact, it is also a good way for ordinary people to file reconsideration and lawsuits, because they can temporarily stop the administrative actions of forced demolition. This will give people a certain opportunity to protect themselves.

Lawyers remind the general public that when everyone receives relevant documents ordering demolition within a time limit, they must promptly take legal procedures to protect their legitimate rights and interests, because legal procedural remedies are the best way. Our country's laws clearly stipulate the statute of limitations. Once the statute of limitations expires, people will lose any rights granted by the law. When you want to protect your own interests, you must not wait or delay. The best defense for yourself is to attack. Timely consultation with a professional demolition lawyer team is your first choice.