Enterprise demolition

With the vigorous development of China's economy in recent years, farmers' lives have become more and more prosperous. Many farmers have built new houses at home because of housing needs. The living conditions have improved a lot. However, the hidden dangers caused by building houses have gradually emerged. Because many farmers do not realize that building houses requires approval procedures, most houses and buildings are built before approval. This violates the relevant legal provisions of the "Land Management Law" and the "Urban and Rural Planning Law".

Strictly speaking, these buildings are illegal buildings, so how will illegal buildings be dealt with? Can farmers get corresponding compensation?
In the following five situations, illegal construction problems can be solved by completing relevant procedures.
1. Farmers who have demolished illegal buildings and have no house to live in or whose housing area is lower than the local housing area standard can apply for a postponement of demolition and go through relevant procedures to make it a legal building;

2. Farmers who own multiple homesteads and houses can postpone the demolition of excess homesteads in the case of household division. After household division, they can re-apply for homesteads from the collective;
3. Agricultural facilities that meet the requirements of relevant government departments and need to be retained are also allowed to be temporarily demolished, mainly to meet the needs of agricultural production and rural economic development;

The business areas of Yingting Law Firm include government-enterprise disputes, administrative compensation, enterprise demolition, mining suppression, administrative agreements, illegal construction, land transfer, BOT, PPT projects, investment promotion, administrative litigation, equity disputes, economic crimes, etc.

4. If the buildings surrounding rural housing, such as auxiliary buildings, buildings built in the courtyard of the house, sunrooms, etc., do not occupy public areas, do not affect the appearance of the city, and have no disputes over neighboring rights, you can also apply for a moratorium on demolition and make it legal by completing relevant procedures;
5. According to the government’s urban inefficient land development policy, it is allowed to postpone the demolition of some reserved industrial land by completing relevant procedures and paying fines.

In the above five situations, procedures can be completed to legalize the construction, but the editor still wants to remind farmers that before building a house, they must go through the procedures in advance to save a fee for future procedures. However, if they cannot make up for it, will the house be demolished in vain? Don’t worry, most buildings have corresponding compensation.

As shown below:
1. For serious violations of planning laws, the building must be built illegally and will not be compensated, but the land under the building will still be compensated.
2. If it is determined to be an illegal construction, but there are historical and practical reasons, the parties concerned should be given appropriate compensation.
3. Specific compensation includes two categories, one is housing resettlement compensation, and the other is compensation for replacing old houses with new ones, which are generally one-time compensation.

Second, you need to rent a house during the temporary resettlement compensation and replacement period. Generally, there is a monthly subsidy. The specific subsidy standard depends on the local situation.

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.