administrative agreement

If relevant facilities are built in the community without the opinions of the community owners, how should we safeguard their rights? How to file a lawsuit? If you find that the administrative license issued by the relevant department infringes upon your legitimate rights and interests, how should you protect your rights and how should you file a lawsuit? Let’s find out through specific cases.

Chen and other 12 people are all owners of a certain community. In October 2017, the Municipal Assets Regulation Bureau issued a construction project planning license to a real estate company to build a supporting kindergarten in the community. Chen and 12 other people believed that, as the owner, they had a direct interest in the construction of supporting kindergartens in the community. The administrative license issued by the Municipal Self-Regulation Bureau did not listen to the statements and defense of the interested parties, and did not make public notices in accordance with the law. Moreover, the procedures were illegal. After the planning and design was changed, the floor area and the structural spacing of the houses were significantly changed, which seriously affected the lives and residences of these 12 households. Therefore, a lawsuit was filed to request the Municipal Assets Regulation Bureau to revoke the administrative license issued.

In fact, in previous cases, for example, above-ground garages, some were due to the construction of underground garages, some were due to the construction of some supporting facilities in the community, and some were due to the external leasing of the community, etc., the community's public land, such as public green space, public land, and public facilities, occupied some public facilities and equipment, which had an impact on its owners. There were many such cases before, actually. This type of case is mainly caused by the relevant departments not fully listening to the opinions of the owners when issuing administrative licenses, which leads to some disputes. Such cases all involve the issue of reliance interests.

After the 12 parties filed a lawsuit with the district court, the district court held that the planning bureau fulfilled its obligation to inform before issuing administrative permission, so the procedure was not illegal. The 12 people were dissatisfied and appealed to the Municipal Intermediate Court.

During the trial, the Intermediate People's Court went to the site for inspection and found that the construction of the community's kindergarten project had been completed. The location of the announcement posted during the planning was indeed not obvious. The planned area was indeed relatively close to the houses where the 12 people lived, and it did have a significant impact on the living lives of the 12 people. Therefore, on this basis, the court consulted with the relevant developers to see if the planning could be resubmitted for approval. Relevant developers and the Assets Regulation Bureau agreed to the proposal and adjusted the plan. In the end, these 12 owners also accepted the adjusted plan, and the problem was successfully resolved.

The outcome of this case is undoubtedly beneficial to all parties. This case was also included in the Anhui Provincial High Court’s typical cases in 2020. The High Court believes that establishing a consultation and mediation platform, seeking the best solution, and substantively resolving disputes is an important principle in the judicial process of handling cases. This method was adopted in this case. In fact, the main reason is that the court also found that there were indeed some flaws in the process of producing and publishing the administrative license. Therefore, this case was eventually listed as a typical case in Anhui Province.

Typical cases are published with a typical meaning of substantively resolving disputes. In addition to the typical significance considered by the Anhui Provincial High Court, this type of case actually has many points that need attention.

First of all, in related administrative licensing cases, if you want to revoke an administrative license, you must make some sufficient preparations before filing a lawsuit. It is necessary to determine whether the administrative act is an administrative license. In this case, there were many actions during the construction of the kindergarten, such as the issuance of land certificates, the issuance of construction land plans, the issuance of construction project plans, construction permits, and at least four or five administrative actions. So, which one should be the subject and object of the lawsuit is very critical.

In this case, a construction engineering planning permit was chosen. The engineering planning permit is one of the five certificates required to determine a building. It is an important planning permission to determine whether a building is illegally constructed. If planning permission is revoked, it is very likely that the building will be demolished as an illegal building. Therefore, these 12 owners chose the most important planning permit for building works.

Second, find the correct legal basis. Only by finding the right basis can we ensure that our lawsuit can be effective.

Third, look for sufficient factual basis, that is, evidence.

Fourth, we must formulate a correct rights protection plan. Only by formulating a correct rights protection plan can you protect your legitimate rights and interests to the maximum extent.

If business owners encounter such problems, they must seek consultation from a professional team of lawyers. The legal team can point out the direction for everyone from the perspective of laws and regulations, from a qualitative perspective, from the perspective of collecting evidence, and especially from the perspective of designing an overall rights protection plan. For administrative disputes, of course you should seek help from Beijing Yingting lawyers. We have come across many cases of failure due to errors in the overall plan. There are many cases where the design was wrong, and then they found us when they did something wrong. Some cases can be redeemed, but of course there are also cases that are irreversible. You must seek help from a professional legal team to protect the company's own legitimate rights and interests.

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