Legal information

The state is becoming more and more strict about illegal management, and a large number of buildings are about to be demolished. So, will there be compensation for the demolition of illegal buildings? What compensation can I get if an illegal building is demolished?
1. Non-illegal demolition and illegal demolition
In this case, if the demolished party claims compensation for losses, it can refer to the compensation that should be obtained for the demolition of legal buildings.

Compensation for the demolition of legal buildings mainly includes the following aspects:
1. Compensation for the value of expropriated houses;
2. Relocation compensation and temporary resettlement caused by house expropriation;
3. Production and operation losses caused by house expropriation;
4. When the rewards and subsidies are due, the demolished persons may apply to confirm that the forced demolition is illegal in accordance with the law. After the illegality is confirmed, they can claim administrative compensation.

Beijing Yingting Law Firm is mainly engaged in administrative litigation of large and medium-sized enterprises, government-enterprise disputes and other difficult legal issues, involving investment projects, corporate relocation, land recovery, mineral resource suppression, maritime rights disputes, corporate restructuring and bankruptcy and other legal services. If you have any relevant questions, please call or leave a message, we will reply as soon as possible.

2. Illegal demolition
According to legal regulations, illegal buildings will not receive compensation during demolition, but this does not mean that illegal buildings can be demolished casually. Regarding the demolition procedures, the editor has written before. You can go to the official WeChat account to find out about this type of demolition. It can be divided into two situations:
(1) If the demolition procedures are legal, the building materials that are still valuable after the building is demolished should be returned to the person being demolished.

That is to say, in addition to the normal losses during the demolition process, the demolisher has no right to dispose of this part at will and infringes on the property rights of the demolished person. He should still bear the liability for compensation. In addition, for the property in the house, the demolisher should inform the demolished person to move out before the forced demolition, or let them move out and keep it properly. If effective storage measures are not taken or the goods are improperly handled, the demolisher should also bear the corresponding compensation liability.

(2) If the demolition procedure is illegal, the demolished person can initiate legal proceedings and ask for confirmation that his behavior is illegal. After confirming that it is illegal, he can apply for administrative compensation. Here, the editor reminds everyone that if the factory is illegal, usually the loss of production and business suspension and related relocation expenses caused by illegal demolition are difficult to be recognized as direct losses caused by demolition, so the demolished person must make corresponding preparations in advance.

Lawyers remind: Even if it is illegal, it must be demolished in accordance with legal procedures and cannot be done arbitrarily. When encountering unreasonable demolition compensation, protect your legitimate rights and interests through legal procedures. If you have any questions, please consult a lawyer promptly and seek professional help.

The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail.