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If the inherited homestead and house have a homestead certificate but without construction project planning approval, can they be considered illegal buildings and be forcibly demolished?

【Plaintiff】Wang Moumou

【Attorney】Beijing Yingting Law FirmLu Jiananlawyer,Wang Qingfenglawyer

【Defendant】People's Government of a Township in Pingdingshan City, Henan Province, Housing and Urban-Rural Development Bureau of a County

【Case Introduction】

The plaintiff owned a legal homestead and house in the village and had a legal homestead certificate. The homestead was the legal property that the plaintiff inherited from his father-in-law. The two defendants determined that the house on the homestead was an illegal building on the grounds that the house had not obtained planning approval for the construction project. They determined that the plaintiff violated Article 40 of the Urban and Rural Planning Law, and decided to demolish the plaintiff's house in accordance with Articles 64 and 66 of the Urban and Rural Planning Law. On April 30, 2019, the two defendants jointly issued a "Penalty Decision Ordering the Demolition of Illegal Buildings within a Time Limit", requiring them to demolish it by themselves before May 6, otherwise they will be organized to force demolition. Prior to this, the two defendants had successively issued to the plaintiff "Decision on Forced Demolition of Illegal Buildings", "Decision on Forced Demolition of Illegal Buildings", administrative reminders, and advance notification of administrative penalties. The two defendants finally organized personnel and machinery to forcibly demolish the plaintiff’s house on July 5, 2019.

The client saw his legal home destroyed and decided to seek professional help.demolition lawyerWith the help of Yingting Law Firm, I came to Beijing Yingting Law Firm due to my long-term attention and trust in the professionalism of Yingting Lawyers Team, and entrusted lawyers Lu Jianan and Wang Qingfeng, who are experienced in forced demolition litigation, to represent him in the case of forced demolition and rights protection.

After lawyer Ying Ting intervened, he learned and analyzed the case in detail, formulated a rights protection plan, and guided Wang Moumou to file an administrative lawsuit, pointing out that the township people's government and the Housing and Urban-Rural Development Bureau ordered the demolition within a time limit to be illegal.

In the end, the court supported lawyer Ying Ting’s view and made the following judgment:

【Win the case one】

It is confirmed that the "Decision Ordering the Demolition of Illegal Buildings within a Time Limit" issued to the plaintiff by the defendant's certain township government and the Urban and Rural Development Bureau on April 30, 2019 is illegal.

【Winning Case 2】
It is confirmed that the "Decision of the Housing and Urban-Rural Development Bureau of a County to Force the Demolition of Illegal Buildings" issued by the second defendant to the plaintiff Wang on May 16, 2019 is illegal.

【Winning lawsuit three】

It is confirmed that the two defendants jointly forcibly demolished the plaintiff Wang’s house on July 5, 2019, which was illegal.

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