Legal information

Introduction to the article: Recently, the illegal demolition incident of Mudanjiang Caoyuan has aroused everyone’s discussion. Someone raised a question: if no compensation is received after the Caoyuan is demolished, then why do some people get some compensation when their ordinary illegal buildings are demolished? This is how Ying Ting understands it. Although the law is ruthless, people are sentimental. When our country formulates and applies laws, we will consider rationality and benefit the lives of ordinary people. Because the purpose of the house itself is to live in, not to be a place for luxury enjoyment and wanton squandering. Therefore, it is understandable if Caoyuan cannot be compensated for being demolished. Today we talk about which illegal buildings can be compensated? Which illegal buildings are not compensated?

1. Which legal buildings are eligible for compensation?

According to the "Regulations on the Expropriation and Compensation of Houses on State-owned Land" and the "Land Management Law", fair compensation should be given to the owners of the expropriated houses when houses are expropriated. The prerequisite for compensation is that the building must be a "legal" building. That is to say, the following situations are met.

(1) Comply with urban and rural planning: obtain a "Construction Project Planning Permit" (buildings in rural areas must obtain a "Rural Construction Planning Permit").

(2) Obtain land use rights: After paying the land use rights transfer fee and other paid land use fees and other fees, you can obtain the land use right certificate.

(3) To obtain a house ownership certificate, you need to meet the legality requirements of the construction project: that is, obtain the "Construction Project Planning Permit" and "Construction Project Construction Permit".

2. What are illegal buildings?

Ying Ting believes that according to the provisions of the Urban and Rural Planning Law, illegal buildings include: (1) Buildings built without application or application approval, and without obtaining a construction land planning permit and a construction project planning permit. (2) Buildings built by changing the provisions of the construction project planning permit without authorization. (3) Buildings built with unauthorized changes in use. (4) Buildings that have not been demolished to become permanent buildings after the construction of temporary buildings have exceeded their validity period.

3. Which illegal buildings can be compensated?

(1) Investment promotion enterprises with incomplete procedures

For investment promotion companies with incomplete procedures, in order to quickly implement the project, the government opened a green channel to handle various licensing procedures, allowing construction first and approval later. Later, due to some reasons, the relevant procedures were not completed. In this case, the Yingting Demolition Group believes that as long as it does not exceed the scope of planning permission, it has a certain degree of legitimacy and is in line with the principle of trust and interest. Therefore, such investment enterprises should receive reasonable compensation during demolition.

(2) Farms and individual business houses with incomplete procedures

Some farms supported by local governments did not have complete procedures at the time. When faced with subsequent expropriation, the expropriating party would demolish them in the name of "illegal construction." However, according to the "Notice of the Bureau of Land and Resources and the Ministry of Agriculture on Issues Concerning Improving the Management of Facility Agricultural Land" issued in 2010, those who occupy agricultural land for the construction of agricultural facilities do not need to go through the approval procedures for agricultural land conversion. Therefore, if the farms built before 2010 have not gone through the formalities for agricultural facilities, they can seek reasonable compensation.

(3) Private houses with incomplete building procedures

Due to historical reasons, the building construction procedures are incomplete and the ownership registration of the houses cannot be carried out in the normal way. my country's Urban and Rural Planning Law was implemented on January 1, 2008. Houses built after that date must obtain building approval procedures. According to the principle of non-retroactivity of the law, for houses built before 2008 and with complete land use rights, such houses cannot be easily identified 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.