Enterprise demolition

The illegal building itself violates relevant laws and regulations, and government departments that affect the city's appearance have the right to demolish it. In this matter, the question that everyone is actually concerned about is, can the illegal building be compensated if it is demolished?
Article 44 of 103010 clearly stipulates: If illegal buildings, structures, facilities, etc.
If forced demolition is required, the administrative agency shall make an announcement and the parties shall demolish it on their own within a time limit. If the party does not apply for administrative reconsideration or file an administrative lawsuit and does not demolish within the legal period, the administrative agency may force the demolition in accordance with the law. No compensation will be given for the demolition of illegal buildings. This is also to prevent some people from using illegal buildings to defraud compensation.
But in real life, even if the house is really "illegal construction", the demolished households can still ask for the following compensation:
1. You can request to control the building materials: The house has been demolished in accordance with the law, but the building materials are still the legal property of the demolished households. The demolished households can request to control them by themselves and recover the losses through sale or reconstruction. In reality, after some forced demolitions, the building materials will be cleaned up, which is an act that damages the legal property rights of the demolished households.
Yingting Lawyers Group specializes in legal matters such as administrative litigation and criminal litigation related to land acquisition and demolition, and has rich experience in administrative review, administrative litigation and civil litigation in real estate disputes. Since his practice, he has represented and consulted on thousands of real estate dispute cases including land expropriation, house demolition, land ownership disputes, land infringement, house sales, and real estate mortgages in 28 provinces and municipalities, involving hundreds of millions of yuan in assets, and has accumulated rich experience in handling cases. At this time, the demolished households can ask the government to compensate for the corresponding losses.
2. You can ask for compensation for the loss of property in the building: According to the law, the property in the house needs to be counted and listed before forced demolition can be carried out, because the property in the house still belongs to the legal property of the demolished household. If the demolition does not count the property, it can be classified as illegal demolition and require compensation.
3. Relocation subsidies and temporary resettlement fees may be required: In a broad sense, demolition compensation fees include house demolition compensation fees, relocation subsidies and temporary resettlement fees. After a house is identified as an "illegal building", it is generally not possible to obtain house demolition compensation, but relocation subsidies and temporary resettlement fees may not be refused because the house is classified as an "illegal construction".
4. You can ask for compensation for the loss of other legitimate rights and interests: During the demolition process, if the government's illegal or unreasonable means cause the demolished household to lose other legitimate rights and interests, the demolished household can also ask for compensation. Of course, the request for compensation should follow the principle of fault liability to a certain extent, that is, the proportion of liability is allocated based on the fault of both parties.
A reminder: You can also claim compensation in the following two situations: first, the house cannot be demolished within the approved period due to force majeure; second, the house is not demolished to protect greater property interests. Even in bad circumstances, the house is indeed an illegal construction, and some reasonable compensation needs to be given to the expropriated person.
The legal knowledge in this article does not represent legal advice. If you encounter similar problems, you should analyze them in detail. If you want to know more about this, you can consult a lawyer on this site for one-on-one online consultation.